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1931 September Council ProceedingsCITY OOUNCIL (Official.) Regular Session, September 7th, 1931. No members of the Council being present on roll call, the meeting was postponed, subject to call. JOHN STUBER, City Clerk. Approved 1931 Adopted 1931 Councilmen: Regular Session, September 7th, 1931 267 Attest: City Clerk. CITY COUNCIL (Official) Postponed Regular Session, Sept - 8th, 1931. Meeting called by order of Mayor Meuser, Councilman Jansen. Council met at 8:00 P. M. Present —Mayor Meuser, Council- men Jansen, McEvoy, Schuckert. City Manager Evans. Absent — Councilman Andelfinger. Mayor Mouser read the call and stated that service thereof had been duly made and that this is the post- poned .regular monthly meeting of the Council for the transaction of such business as may properly come before a regular meeting of the Coun- cil, and that this date has also been fixed for the purpose of considering bids for the improvement of Grace Street from the West property line of North Grandview Avenue to the East property line of McCormick Street. Proof of publication of Notice to Contractors of the receipt of pro- posals for the improvement of Grace Street from the West property line cf North Grandview Avenue to the East property line of McCormick Street presented and read. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Certificate of the City Manager submitting tabulations for the im- provement of Grace Street. September 4, 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, September 4, 1931, for the paving of Grace Street from the west property line of North Grand- view Avenue to the east property line of McCormick Street. T am attaching hereto a tabulation sheet showing the unit prices and total prices bid, and respectfully recommend that the contract for the paving of said street be awarded to the Thos. Flynn Coal Company as their bid was the lowest one received. Respectfully submitted, R. M. EVANS, City Manager. Postponed Regular Session, September 8th, 1931 269 serves no public purpose and, in at probability will never be needed or useful as a public thoroughfare; Now, Therefore, Be it Ordained by the Council of the City of Dubuque: Par. 169, Section 1. That the alley lying first easterly of South Grand- view Avenue and extending souther- ly from South Hill Street to the end of said alley be and the same is hereby vacated and the public use thereof is annulled. Par. 170, Section 2. That, for val- ue received, the westerly one -half of said alley, thus vacated be and the same is hereby granted and Convey -' ed to Mabel Block and Eldo Block, the owners of lots 13 and 14 of Stew - art's Addition to the City of Du- buque. Par. 171, Section 3. That, for val• ue received, so much of the easter- ly one -half of said alley, thus vacat- ed, as lies within the following boundaries is granted and conveyed to Martha Thill the owner of Lot 16, Grandview Avenue Heights Addi- tion to the City of Dubuque, to -wit: Commencing at a point where the North line of said lot intersects the easterly line of said alley, thence proceeding southeasterly along the south - easterly line of said alley to its southerly terminus, thence west- erly to the center of said alley, thence northwesterly along the cent- er of said alley to a point directly opposite the place of beginning and thence easterly to the place of be- ginning. Par. 172, Section 4. That the re- maining portion of the easterly one - half of said alley thus vacated is granted and conveyed to L. E. Allen, the owner of Lot 20, Grandview Avenue Heights Addition. Par. 173, Section 5. That, after the adoption of this Ordinance, the City Clerk shall file in the office of the Recorder of Dubuque County a certified copy of the same. Par. 174, Sec. 6. That this Ordin- ance shall be in force and effect ten days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first reading this 31st day of August, 1931. Passed, adopted and approved upon final reading this 8th day of Septem- ber, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman McEvoy. Carried by the fololwing vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Published officially in the Tele- graph- Herald and Times - Journal newspaper September 11, 1931. JOHN STUBER, City Clerk. Ordinance No. 17 ---31 An Ordinance vacating the easterly two feet and four inches of Shield's Street from Jones Street to Dodge Street and granting and conveying the same to the owners of lots or subdivisions of lots lying easterly thereof. Whereas a request has been filed with the Council of the City of Du- buque to vacate the easterly two feet and four inches of Shields Street from Jones Street to Dodge Street and to grant and convey the same to the owners of the lots or subdivi- sions of lots lying easterly thereof, which request has been submitted to the Planning and Zoning Commission for its recommendation and approv- al; and, Whereas said Planning and Zoning Commission has filed its recommend- ation with the Council wherein it recommends the granting of the re- quest; and, Whereas this Council finds no ob- jection as the public interest will not be injured or prejudiced thereby, now therefore: Be it Ordained by the City Coun- cil of the City of Dubuque: Par. 175, Section 1. That the east- erly two feet four inches of Shields Street from Jones Street to Dodge Street be and the same is hereby vacated and public use thereof is annulled. Par. 176, Section 2. That so much of said vacated portion of said street as abuts upon the lots or subdivi- sions of lots lying easterly thereof is hereby granted and conveyed to the respective owner or owners of the said lots or subdivisions of lots. Par. 177, Section 3. That upon fin- al passage and adoption of the Or- dinance the City Clerk shall file a certified copy thereof in the office of the recorder of Dubuque county. Par. 178, Section 4. This Ordin- ance shall be in force and effect ten days from and after its final passage and adoption by the City Council and publication as providede by law. Passed, adopted, and approved up- 268 Postponed Regular Session, September 8th, 1931 TABULATIONS OF STREET PROPOSALS For the improvement of Grace Street from the west property line of North Grandview Avenue to the east property line of McCormick Street. Proposals opened at 10:00 A. M., September 4, 1931. Proposals submitted by— Thos. Flynn Coal Co.— Removing 5 trees, $12.00 each; Excavation, old macadam and gravel, 40 cu. yds., 50e; Concrete, class B, 15 cu. yds., $7.00; Steel, Class D, 2,000 lbs., 4c; Side- walks, Concrete, 300 sq. ft., 14c; Tile, Vitrified, 15 inch, 275 lin. ft., 85c; Tile, Vitrified, 12 inch, 230 lin. ft., 70c; Brick Manholes, three, $35.00 each; Catch Basin, single (brick), $35.00; Catch Basins, dou- ble, three, $30.00 each; Concrete, 6 inch thickness, Integral Curb, 6368 sq. yds., $1.11. Total amount of bid, $8,049.13. Under Engineer's Esti- mate, $521.04. Engineer's Estimate, $8,570.17. Jas. F. Lee Paving Co.— Removing 5 Trees, $10.00 each; Excavation, Old Macadam and Gravel, 40 cu. yds., 40c; Concrete, Class B, 15 cu. yds., $6.00; Steel, Class D, 2,000 lbs., .025c; Sidewalks, Concrete, 300 sq. ft., 14c; Tile, Vitrified, 15 inch, 275 lin. ft., 88c; Tile, Vitried, 12 inch, 230 lin. ft., 68c; Brick Man- holes, three, $35.00 each; Catch Ba- sin, single (brick), $30.00; Catch Basins, double (brick), three, $45.00 each; Concrete, 6 inch thickness, Integral Curb, 6,358 sq. yds., $1.17. Total Amount of Bid, $8,355.26. Uhlrich - Paley Co.— Removing three Trees, $10.00 each; Excavation, Old Macadam and Gravel, 40 cu. yds., 60c; Concrete, Class B, 15 cu. yds., $6.00; Steel, Class D, 2,000 lbs., 4c; Sidewalks, Concrete, 300 sq. ft., 13e; Tile, Vitrified, 15 inch, 275 lin. ft., $1.24; Tile, Vitrified, 12 inch, 230 lin. ft., 78c; Brick Manholes, three, $40.00 each; Catch Basin, single (brick), $40.00; Catch Basins, double (brick), three, $60.00 each; Concrete, 6 inch thickness, Integral Curb, 6,358 sq. yds., $1.14. Total Amount of Bid, $8,391.52. James Saul & Son — Removing three Trees, $20.00 each; Excavation, Old Macadam and Gravel, 40 cu. yds., 70c; Concrete, Class B, 15 cu. yds., $6.50; Steel, Class D, 2,000 lbs., 4c; Sidewalks, Concrete, 300 sq. ft., 14c; Tile, Vitrified, 15 inch, 275 lin. ft., $1.40; Tile, Vitrified, 12 inch, 230 lin. ft., $1.00; Brick Manholes, three, $70.00 each; Catch Basin, single (brick), $35.00; Catch Basins, dou- ble (brick), $70.00 each; Concrete, 6 inch thickness, Integral Curb, 6,358 sq. yds., $1.39. Total Amount of Bid, $10,255.12. City Engineer's Estimate, $8,570.70, Resolution No. 156 -31 WHEREAS, proposals have been submitted by contractors for the im- proving of Grace Street, twenty -nine (29) feet wide from the west proper- ty line of North Grandview Avenue to the east property line of Mc- Cormick Street, pursuant to .Resolu= tion No. 130 -31, and Thos. i'lynn Coal Company, contractor, has sub- mitted the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thos. Flynn Coal Company, and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed'ur- gent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on Sept. 8, 1931. Councilman Schuckert moved that the awarding of the contract to the Thomas F. Flynn Coal Company be approved, and placed on file for one week for public inspection. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Ordinance No. 16 -31 An Ordinance vacating the alley lying first easterly of South Grand- view Avenue and extending souther- ly from South Hill Street to the end of said alley and granting and con- veying the same to the owners of abutting lots. Whereas a request has been filed with the Council of the City of Du- buque to vacate the alley lying first easterly of South Grandview Avenue and extending southerly from South Hill Street to the end of said alley and to grant and convey the same to the owners of abutting lots, which request has been submitted to the Planning and Zoning Commission for its recommendation or approval; and Whereas said Planning and Zoning Commission has filed its recommend. ation with the Council wherein it recommends the granting of the re- quest; and Whereas this Council finds no ob- jection to said vacation as said alley 270 Postponed Regular Session, September 8th, 1931 on final reading this 8th day of Sep- tember, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Published officially in the Tele- graph- Herald and Times- Journal newspaper Sept. 11, 1931. JOHN STUBER, City Clerk. September 1, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At an informal meet- ing following the special meeting of the Council held August 31, 1931, the question of the verbal request of Mr. Sam Kopple to be permitted to sell ice cream and to peddle ice cream without a license was dis- cussed by Council. The decision reached was that Mr. Kopple should not be allowed the above mentioned privileges unless regular fees are paid. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be received and filed. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —N one. Absent— Councilman Andelfinger. September 1, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the informal-meet- ing following the special meeting Monday, August 31, 1931, it was de- termined by Council that the City Manager attend the convention of City Managers at Louisville, Ken- tucky, October 7th to 10th. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. September 1, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At an informal meet- ing of Council following the special meeting Monday, August 31, 1931, the request of the Post Office author- ities of Dubuque, Iowa, in regard to naming the road known as Route 61 and 161 from a point near Southern Avenue to the west city line, was discussed and the City Solicitor was instructed to prepare an Ordinance officially naming the said highway "Rockdale Road." Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. September 1, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At an informal meet- ing following the special meeting Monday, August 31st, City Council reviewed again the request of the Union Trust & Savings Bank con- cerning the requested reduction of Lot 1, Fairmount Park Addition, for- merly owned by Mr. John L. Heim. It was decided by Council that the reduction made November 28, 1930, to a new price of $200.00 be reduced to $189.25. We bring this matter to your at- tention for record. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger, September 1, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At an informal meet- ing following the special meeting Monday, August 31, 1931, at the re- quest of the Upper Mississippi Val- ley Association, Council authorized the City Auditor and City Treasurer to issue a check in the sum of $166.67 made payable to Mr. George McLean, chairman of the Upper Mississippi Valley Association, for assessed dues from the City of Du- Postponed Regular Session, September 8th, 1931 271 buque toward proposed expenditures of the Association this winter. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. September 1, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: City Council viewed the request of property owners for an extension of the present existing corrugated iron 24 inch sewer on St. Ambrose Street Saturday, August 29th. This is to advise that Council approved the request and instructed the City Manager to proceed with the work, charging the same to the Sewer Bond Fund. A similar request of property own- ers on Adair Street, north of Four- teenth Street, was also viewed Sat- urday, August 29th, and instructions were given to the City Manager to proceed with the extension of the storm sewer from Fourteenth Street, sloping northwardly to provide drain- age in the present depression known as Adair Street. The storm sewer is to be charged to the Storm Sewer Bond Fund. Following the completion of the sewer, the City is also to provide,, filling material over the sewer to protect the shallow water connec- tions made this summer. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be received and tiled. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. Petition of the Governor Greys, for the renting of the Dubuque Municipal Athletic Field, for the night of Sep- tember 18th, 1931, for the purpose of staging a wrestling and boxing match, presented and read. Councilman Jansen moved that the prayer of the petition be granted, providing they pay the regular rental fee. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of Mrs. Barbara LaTour, referred to the Council by the Board of Supervisors, relative to having the 1930 tax cancelled on the southeast- erly 50 feet of the southeasterly 100 feet of lot 151 L. H. Langworthy's Add., presented and read. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. An Ordinance establishing a grade on Grace Street from the East pro- perty line of Auburn Street to the west property line of North Grand - viely Avenue, being profile No. 1286, presented and read. Councilman Schuckert moved that this be considered the first reading of the Ordinance. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Councilman Schuckert moved that the rules be suspended, requiring an Ordinance to be read on three sep- arate days. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilman Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. 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 Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. September 3, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The further question of widening 12th Street from Locust to Bluff Streets was referred to the City Engineer and the City Manager August 31, 1931. Upon examination of the trees on the present parking, we find that it will be impossible to widen this street on either side and still main- tain the trees. It is recommended that four and one -half feet be the width widened on each side in order to save one tree on the south side and two trees on the north side. The City Engineer and the Man- 272 Postponed Regular Session, September 8th, 1931 1 Postponed Regular Session, September 8th, 1931 273 ager met with Rev. Badger and Mr. Albert Anderson of St. Mark's Luth- eran Church September 3rd. We were advised that a congregational meeting had been called for Sep- tember 13th, at which time the wid- ening of 12th Street will be discussed. We were advised that the church council has already met on this ques- tion and determined that they will not sign any waivers for the widen- ing and paving of their half of the street. They felt that if waivers were signed and the two properties north of the church property were assessed for a 'certain portion of the paving and they refused to sign waivers, the entire cost of the north side would then be assessed to the church. Mr. Braun made request today that if the legal requirements of the pro- posed widening would prevent the actual construction this Fall, prior to freezing weather, that the con- sent of the City Council would then be requested to permit the Masons, at their own expense, to widen and pave, by some contractor satisfactory to the 1City, the proposed portion of the south side of the street. Another question that has arisen In the construction of a new sidewalk along the north side of the Masonic Temple between Bluff and Locust Streets is that request is hereby made that Council authorize the eight foot sidewalk to be laid adja- cent to the curb, allowing the three foot parking space to exist next to property line. The conclusion is that the waivers on the street cannot be secured and that the paving of at least the north- erly half can be completed only idy due recourse to the legal method of assessments. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the City Manager and Engineer pre- pare plans and specifications for the widening of 12th Street from Locust to Bluff Streets. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas—Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Final report of the City Water Department on the cost of the con- struction of the Meter Repair Room and addition to the City Garage, presented and read. Councilman Schuckert moved that the report be received and filed. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilman Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am attaching here- to reports of the City Auditor, City Treasurer and City Waterworks for the month of August, 1931. Also a list of claims and a list of payrolls for which warrants were issued dur- ing the month of August, 1931. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the reports be approved and placed on file. Seconded by Councilman McEvoy. Carried by the, following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. September 8, 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: — Firestone Service Stores, Inc., 7th and Bluff streets; Policy No. 174- 1007, Central West Casualty Co. F. A. Nester & Son, 1732 Central Avenue; Policy No. O. L. &T. 432094, Continental Casualty Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved the bonds be approved and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. September 8, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: We have received ap- plication from Dorothy Kiene for a cigarette permit at the Kruse Gro- cery, 2418 Central Avenue. There is attached hereto an application for permit and a bond properly executed in the sum of $1,000.00. The license fee of $100.00 has been paid. Respectfully submitted, A. E. SIGMAN, Secy. to City Manager. Councilman Schuckert moved that the bond be approved and placed on file and a permit be granted. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen McEvoy, Schuckert. Nays — Councilman Jansen. Absent — Councilman Andelfinger. Petition of Emma Leonard, No. 639 West 5th Street, stating that she fell on Sept. 3rd on a defective cross- ing at 8th and Locust Streets and severely injured herself; she hereby asks that the City pay her doctor bill in the amount of $50.00. Councilman Schuckert moved that the petition be referred to the .City Solicitor. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. Report of the Recreational Direct- or for the month of August, 1931, presented for approval. Councilman Jansen moved it be approved and placed on file. Second- ed by Councilman Schuckert. Car - ried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Special Playground report for the summer season of 1931 presented for approval. Councilman .Schuckert moved it be approved and filed. Secondled by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. Petition of Geo. W. Kennelly Elec- tric Co., stating that due to the fact that the Iowa Street Boulevard lights are on the same circuit with the 4th Street boulevard lights, it becomes necessary to light Iowa Street at the same time. He there- fore asks to extend the time of com- pletion on the Iowa Street contract to October 1st, 1931. Councilman McEvoy moved that the prayer of the petition be grant- ed, providing it meets, with the ap- proval of the bonding company. Sec - cnded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Resolution No. 157 - -31, Prelimin- ary Estimate, Plans and Specifica- tions for the widening of West 12th Street from Locust Street to Bluff Street. Be it resolved by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifications, form of contact, plat and schedule, and all other documents contained herein, are hereby approved and or- dered filed in the office of the City Clerk for public inspection and are to be considered a part of this resolution. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Resolution No. 158 -31 (Necessity for Improvement.) Whereas, proposed plans, specif- ications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City bf Dubuque and are now on . file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improvement, and the size and kind of sewers. 4. Each lot proposed to be assess- ed together with a valuation fixed by the Council. g. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the Widening of West 12th Street four feet six in- ches on each side of the street from the West property line of Locust Street to the East property line of Bluff Street by widening said street four feet six inches on each side, removing existing concrete curb and gutter, doing necessary grading and by constructing concrete sidewalks, where necessary, combination curb and gutter seven feet wide on each side. Estimated cost $583.00. Be It Therefore Resolved that the City Council, upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will he Ma 274 Postponed Regular Session, September 8th, 1931 assessed upon and against all pri- vately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund or im- provement funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments when a contract has been 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 in the manner as provided by law. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 8th day of September, 1931. Approved and placed on file for final action. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Concilman Schuckert moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. Resolution No. 159 -31. (Fixing Date of Hearing) Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 157 -31 given its prelim- inary approval on the proposed plans, specifications and form of con- tract and placed same on file in the office of the City Clerk for public inspection, for the widening of West 12th Street four feet six inches on each side from the West property line of Locust Street to the East property line of Bluff Street, by widening said street four feet 6 in- ches on each side, removing existing concrete curb and gutter, doing nec- essary grading and by constructing concrete sidewalks where necessary. Combination curb and gutter seven feet wide on each side. Estimated cost $583.00 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 28th day of September, 1931, a public hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Neces- sity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, 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 consider- ation 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 hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 8th day of September, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, 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 Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Resolution No. 160 -31, Prelimin- ary Estimate, Plans and Specifica- tions. Be it resolved by the City Council of the City of Dubuque, Iowa, that the proposed plans, specifications, form of contract, plat and schedule, and all other documents contained herein, are hereby approved and or- dered filed in the office of the City Clerk for public inspection and are to be considered a part of this reso- lution. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Postponed Regular Session, September 8th, 1931 275 Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Anelfinger. Resolution No. 161 -31. (Necessity for Improvement.) Whereas, proposed plans, specifica- tions, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improvement and the size and kind of sewers. 4. Each lot proposed to be assess- ed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the Improve - ing of the alley first West of North Booth Street from the North prop- erty line of Langworthy Street to the South property line of West 3rd street, by grading said alley to the proper sub - grade, furnishing Class D steel and paving said alley with a concrete pavement six (6) inches thick and sixteen (16) feet wide. Estimated cost $977.00. Be It Therefore Resolved that the City Council, upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be as- sessed upon and against all privately owned property lying within assess- able distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred there- by, and any deficiency shall be paid out of the general fund or improve- ment 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 ac- cepted and the proceds 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 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 8th day of September, 1931. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas — Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Resdlution No. 162 -31. (Fixing Date of Hearing.) Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 160 -31 given its prelim- inary approval on the proposed plans, specifications and form of con- tract and placed same on file in the office of the City Clerk for public inspection, for the improving of the alley first West of Booth Street from the North property line of Langwor- thy Street to the south property line of West 3rd Street, by grading said alley to the proper sub grade, furn- ishing Class D steel and paving said alley with concrete pavement six (6) inches thick and sixteen (16) feet wide. Estimated cost $977.00, 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 28th day of September, 1931, a public hearing will be held at 7:30 o'clock P. M., in the Council Cham- ber in the City of Dubuque at which time the taxpayers may appear and make objection to the proposed plans and specifications and pro- posed form of contract to the cost of the improvement, and the City Clerk be and he is herby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which Postponed Regular Session, September 8th, 1931 277 Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of Peter Guler, referred to. the Council by the Board of Super- visors, relative to having the last cne -half of the 1930 tax cancelled; reported on favorably by the City Solicitor. Councilman McEvoy moved that the prayer of the petition be granted and the Board of Supervisors be ad- vised of the Council's action. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert., Naysr- -None. Absent- Councilman Andelfinger. Petition of Mrs. G. J. Feller, 1249• McCormick Street, asking permis sion to put a stool: in the basement of her home under the kitchen sink„ presented and read,. Councilman Jansen moved that the petition, be not granted; this be- ing in conflict with the. City Ordin ance.. Seconded by Councilman Mc- Evoy. Carried by the following vote.: Yeas —Mayor Meuser,, Councilmen Jansen, McEvoy„ Schuckert. Nays —None. Absent — Councilman Andelfinger. Councilman McEvoy moved' that the rules be suspended to allow any one present who wishes to do so to address the Council. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Verbal petition of the Volunteers, of America to hold a tag day on September 19th,, 1931. Councilman Jansen moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. Paul Braun, representing the Ma- sonic Building Association, relative to constructing a sidewalk adjoining their property, the sidewalk to be . eight feet wide and adjoining the curb, the parking space to be next to the building. Councilman Schuckert moved that the petition be granted. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor. Meuser, Councilmen Jansen; McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. There being, no further business, Councilman Schuckert moved to ad- journ.. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. JOHN STUBER, City Clerk. Approved 1931 Adopter' 1931 Councilmen: Attest:_ _., .... City, Clerk. l ; 276 Postponed Regular Session, September 8th, 1931 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 therto, at which hear -' ing the Council will hear such objec- tions and enter on record its final decision thereon. ' Passed, adopted and approved this 8th day of September; 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. September 8', 1931. The Honorable Mayor and Council- men of the City,. of Dubuque: Gentlemen: At your Last meeting there. was referred to me the peti- tion of Joseph J. King, in which Mr. King requests a vacation of a strip . of ground which was formerly a part of Delhi Street and which abuts up- on the North line of his, property, described as Lot Two (2) of One (1) of Two (2) of One (1) of Boxleiter's Subdivision of Lot One (1)• of Min- eral Lot 160,. and the granting there- of to him in exchange for a deed from him of a portion of said lot which is now being used by the City for sidewalk purposes. This lot is located at the intersection of Grand- view Avenue and Delhi Streets. I beg to advise you that I• have examined said petition and also, the facts relating thereto and have come to the conclusion that it would be entirely proper for the Council to make such exchange. In order to ac- complish this exchange a plat should be prepared of said lot wherein said lot is subdivided so as to show the portion thereof which is to be deed- ed to the City and after this plat is put on record a deed should be given to the City by the owner of the lot. After the deed is received by the City the portion of the street that is to be granted to said King should be vacated by an Ordinance pre- pared for that purpose. From all the facts in the case it would appear that the City would be held to have abandoned that portion • cf the street which it is proposed to vacate and that Mr. King has occu- pied the same by permanent build- ing so as to give him prior title thereto. Respectfully submitted, M. H.. CZIZEK, City Solicitor. Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman McEvoy. Carried by the fol. lowing vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent -- Councilman Andelfinger. To the City Council of the City of Dubuque: Gentlemen: The Consolidated Bank and the Union Trust and Sav- ings Bank foreclosed a mortgage against the property of the Ott Rub - ber Company, judgment in foreclo- sure being for approximately $64,000.00. In. 1929 Railroad Avenue was im- proved and assessment made against the real estate of the Ott Rubber Co: abutting thereon in the sum of $2,095.53'. No payments of any kind have been made on this assessment. The mortgagees. above named desire to pay said assessments in ten year- ly installments. The, first of these in- stallments became due on August 16, 1929; a second: and third installment became due March 31, 1930 and 1931, respectively. The three installments now in arrears amount to $628.68, with 5% interest on the whole amount to this date, or making a, total payment now due $843.48. Wherefore, your petitioners ask that the City Council pass a resolu- tion authorizing and directing the City Treasurer and. County Treas- urer to accept in full and complete payment of the first three install- ments on said street assessment the total principal sum thereof in the sum of $628.68 and interest on the whole amount at 5% to this date $214.80, or total sum of $843.48, and that these petitioners and their suc- cessors in interest be authorized to pay the remaining portion of said assessment in installments as the same become due, Signed by the Consolidated' Na- tional Bank and Union Trust and Savings Bank. —By Frantzen,. Gilloon & Glenn, their Attorneys. Dated September 4th, 1931. Councilman McEvoy moved that the prayer of the petition be granted and the City and County Treasurers be instructed to accept this amount and extend the unpaid. installments. Seconded by Councilman Schuckert. Carried by the following- vote: 278 Special Session, CITY COUNCIL (Official) Special Session September 15th, 1931. Meeting called by order of Mayor Meuser, Councilman McEvoy. Council met at 7:45 P. M. Present —Mayor Meuser, Council- men McEvoy, Andelfinger and City Manager Evans. Absent — Councilmen Jansen and Schuckert. Mayor Meuser read the call and stated service thereof has been duly made and that this meeting is call- ed for the purpose of awarding the contract for the improvement of Grace Street from North GrandvieW Avenue to McCormick Street to the Thomas Flynn Coal Company, hav- ing been approved and on file since Sept. 8th, 1931. Levying a special assessment and authorizing the issu- ance of improvement bonds to pro- vide for the payment of the improve- ment of North and South Algona Streets from Grace Street to St. Joseph Street and acting on any oth- er business that may come before the meeting. Resolution No. 156 -31 awardiig the contract for the improvement of Grace Street from the West property line of North Grandview Avenue to the East property line of McCor- mick Street to the- Thomas Flynn Coal Company, having been approved at a meeting of the City Council held on September 8th and placed on file for not less than one week for public inspection. Presented and read. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, and McEvoy. Nays —None. Absent — Councilmen Jansen, and Schuckert. Return of service, sworn and sub- scribed to Mr. Desmond Sullivan, that he posted the notice of special assessments along the line of im- provement on North and South Al- gona Streets. Councilman McEvoy moved that the return of service be made a mat- ter of record. Seconded by Coun- cilman Andelfinger. Carried by the following vote: Nays —None. Absent — Councilmen Jansen, and Schuckert. Proof of publication certified to by the publisher of the City Council's intention to levy a special assess- September 15th, 1931 ment to pay for the improvement 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 Andelfinger moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser„ Councilmen Andelfinger and McEvoy. Nays —None. Absent — Councilmen Jansen and Schuckert. Proof of publication certified to by the publisher of the City Coun- cil's intention to authorize the issu- ance of $9026.65 improvement bonds to pay for the improvement 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 Andelfinger moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger and McEvoy. Nays —None. Absent — Councilmen Jansen and Schuckert. Petition of Wenzel Kubec, owner of lot 1 of sub. lot 1 of 2 of 11 West - py's Sub., protesting against the as- sessment as levied against his pro- perty for the improvement of Algona Street between Hale and Dodge Streets, stating that this lot is 100 feet from the street and the only entrance to them is through an alley which is almost impassable. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger and McEvoy. Nays —None. Absent— Councilmen Jansen and Schuckert. Resolution No. 163 -31 Resolved by the City Council of the City of Dubuque: That to pay for the improving of North and South Algona Streets from the south proper- ty line of Grace Street to the north property line of St. Joseph Street by James F. Lee Paving Company, con- tractors, 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 Special Session, September 15th, 1931 279 real estate, as follows: Special as- sessment submitted Sept. 15, 1931. Stephen Bennett, Lot 1, Sub. Lot 1 of 1 of S. 1/2 Lot 10 Ann O'Hare's Sub. $ 95.52 Stephen Bennett, Lot 2, Sub Lot 1 of S. 1 /2 Lot 10, Ann O'Hare's Sub. 55.99 Margt. Dodson, Lot 2, Sub Lot 1 of 1 of S. 1 /2 Lot 10 Ann O'Hare's Sub. 33.03 City of Dubuque, Lot 2, Sub Lot 1 of E. 75 ft. of N. 1 /2 Lot 10 Ann O'Hare's Sub 7.81 J. G. and Ann Est. Orvis, Lot 10, Ann O'Hare's Sub., W. 62 ft. of N. 1 /2 149.76 August H. Radloff, Lot 11 Ann O'Hare's Sub., E. 57.82 ft 86.49 Wm. J. Watkins, Lot 11, Ann O'Hare's Sub., S. 1/2 of E. 50 ft. of W. 80.12 ft. 15.51 Nathaniel Luz Est., Lot 11, Ann O'Hare's Sub., N. 1 /2 of E. 50 ft. of W. 8.12 ft 18.40 Dan Courtney, Lot 11, Ann O'Hare's Sub., W. 30.12 ft. of W. 80.12 ft. 11.74 Dan Courtney, Lot 12, Ann O'Hare's Sub., E. 19.88 ft 6.31 Halsey Hanger, Lot 12, Ann O'Hare's Sub., E. 56 ft. of W. 118 ft. 10.06 Ed. J. Royce, Lot 12, Ann O'Hare's Sub., E. 50 ft. of W. 62 ft. 6 in. 100x25 3.15 W. C. Cottingham, Lot 2, Sub. N. 1 /2 Lot 10 Ann O'Hare's Sub. of E. 75 ft. 112.26 Jacob Liepe, Lot 2, Sub. Lot 2 of S. 1 /2 Lot 10 Ann O'Hare's Sub. 33.72 Jacob Liepe, Lot 1, Sub. Lot 6 Hantleman's Sub. 119.13 Jacob Liepe, Lot 7, Hantle- man's Sub., W. , 45 ft 43.85 Wm. F. Datisman, et al, Lot 7, Hantleman's Sub., E. 10 ft. 7.15 Wm. F. Datisman, et al, Lot 8, Hantleman's Sub 24.57 Wm. F. Datisman, et al, Lot 9, Hantleman's Sub. 11.36 Hazel M. Weston, Lot 10, Han - tleman's Sub. 4.94 Chas. B. Cain, Lot 5, Hantle- man's Sub. 71.34 Ella Phillips, Lot 4, Hantle- lnan's Sub. 36.12 G. R. Fox, Lot 3, Hantleman's Sub. 15.61 F. E. Winders, Lot 2, Hantle- man's Sub. 8.44 Anna Hird, Lot 1, Hantleman's Sub., W. 25 ft. 3.69 Carl W. Peterson, Lot 1, O'- Neill's Sub. No. 3 97.94 Carl W. Peterson, Lot 2, O'- Neill's Sub No. 3 97.94 August H. Radloff, Lot 3, O'- Neill's Sub. No. 3 97.94 • August H. Radloff, Lot 4, O'- Neill's Sub. No. 3 97.94 August 11. Radloff, Lot 5, O'- Neill's Sub. No. 3 97.94 Sylvia Garver, Lot 6, O'Neill's Sub. No. 3 97.94 Harry Hennings, Lot 7, O'- Neill's Sub. No. 3 97.94 Ed. C. Kuehnle, Lot 8, O'- Neill's Sub. No. 3 97.94 S. and M. A. Langer, Lot 9, O'Neill's Sub. No. 3 97.94 Leo F. Bly, Lot 10, O'Neill's Sub. No. 3 '97.94 Adam Gartner, Lot 11, O'- Neill's Sub. No. 3 97.94 Adam Gartner, Lot 12, O'- Neill's Sub. No. 3 97.94 Michael Steve, Lot 13, 0' Neill's Sub. No. 3 97.94 Maylew Bennett, Lot 14, O'- Neill's Sub. No. 3 97.94 F. D. Bennett, Lot 15, O'- Neill's Sub. No. 3 93.63 Henry Victor, Lot 1, Westa- by's Sub. 102.73 J. W. & G. Coates, Lot 2, Westaby's Sub. 101.73 Adam Link, Lot 3, Westaby's Sub. 101.58 Arthur Hector Est., Lot 4, Westaby's Sub. 101.49 Ella L. Phillips, Lot 5, West - aby's Sub. 101.38 A. F. and M. Hillebrand, Lot 6, Westaby's Sub. 101.28 Anna McGuinness, Lot 7, Westaby's Sub. 101.18 Ernest Peschong, Lot 8, West - aby's Sub. 81.19 Ernest Peschong, Lot 9, West - aby's Sub. 81.19 Wm. Gere, Lot 10, Westaby's Sub. 19.95' Wm. Gere, Lot 1, Sub. Lot 11 Westaby's Sub. 38.79 Wenzel Kubec, Lot 1, Sub Lot 1 of 2 of 11 of Westa- by's Sub. 55.82 A. H. Smith, Lot 20, Quigley's Sub. E. 25x170 4,60 Louise Moser, Lot 2, Sub. Lot 1 of 2 of 11 Westaby's Sub. E. 35x40 1.26 Louise Moser, Lot 2, Sub. Lot 2 of 11 Westaby's Sub. W. 100 ft. of W. 149 ft. of E. 35 ft. Louise Moser, Lot 2, Sub. Lot 2 of 11 Westaby's Sub. E. 49 ft. of W. 149 ft. Wenzel Kubec, Lot 2, Sub. Lot 2 of 11 Westaby's Sub., W. 50 ft. of E. 100 ft. Robt. A. Moffat, Lot 2, Sub. Lot 2 of 11 Westaby's Sub., E. 50 ft. of E. 10 ft Louis F. Baier, Lot 18, Ann O'Hare's Sub., E. 45 ft Wilfred Mathis, Lot 24, Mich - el's Sub., S. 1 /2 of W. 25 ft. 3.14 6.86 10.01 19.95 14.55 48.08 280 Special Session, Wilfred Mathis, Lot 23, Mich- els' Sub., S. 1/2 40.54 Wilfred Mathis, Lot 22, Mich - el's Sub., S. 1 /2 20.85 L. & L. Hoerner, Lot 24, Mich - el's Sub., N. 1 /2 of W. 25 ft. 48.08 L. & L. Hoerner, Lot 23, Mich - el's Sub., N. 1 /2 40.51 L. & L. Hoerner, Lot 22, Mich - el's Sub., N. 1 /2 20.85 Ernest Peschong, Lot 21, Mich - el's Sub. 20.24 Ernest Peschong, Lot 20, Michel's Sub. 10.17 Ernest Peschong, Lot 19, Michel's Sub. 7.06 Albert P. Doty, oLt 18, Mich - el's Sub., E. 25 ft. 3.08 Mary Koerner, Lot 13, Michel's Sub., E. 25 ft. 3.08 R. L. & G. Blackburn, Lot 12, Michel's Sub. 7.06 Ed. C. Kuehnle, Lot 11, Mich - el's Sub. 10.17 Temple Securities Co. Lot 10, Michel's Sub. 20.24 Delos McDonald, Lot 9, Mich - el's .Sub. 41.67 Delos McDonald, Lot 8, .Mich - el's .Sub. 81.10 Delos McDonald, Lot 7, Mich- el's Sub., W..25 ft. 96.17 W. E. & A. Myers, Lot 10, Ben- nett St. Sub., S. % of W. 60 ft. 69.0U W. E. & A. Myers, Lot 9, Ben- nett St. Sub., S. % 20.87 A. & T. Rottinger, Lot 10, Bennett St. Sub., M. % of W. 60 .ft. 69.00 A. & T. Rottinger, Lot 9, Ben- nett St. Sub., M. 1 /3 . 20.87 Arthur & G. Huber, Lot 10, Bennett St. Sub., N. 1 /3 of W. 60 ft. 69.00 Arthur & G. Huber, Lot 9, Bennett St. Sub., N. % 20.87 Wm. & N. Smith, Lot 8, Ben- nett St. Sub. 32.40 Kath. Merz, Lot 7, Bennett St Sub. 15.42 Mary A. Taylor, Lot 6, Ben- nett St. Sub. 9.46 Fred Koehler, Lot 5, Bennett St. Sub . .................. ... . 10.03 Lot Koehler, ot 4, Bennett St. Sub. 16.12 Herman Dax, Lot 3, Bennett St. Sub. 34.20 Ben Gardner, Lot 2, Bennett St. Sub. 77.35 Emma O. Graham, Lot 1, Ben- nett St. Sub., W. 53 It 197.65 Fred W. E. Buck, `Lot 26, Sis- ters Add. . ............... _...._. 253.17 Fred W. E. Buck, Lot 27, Sis- ters Add. 253.17 Fred W. E. Buck, Lot 28, Sis- ters Add. 253.17 Marie Biederman, Lot 29, Sis- ters Add. 253.17 September 15th, 1931 Fred W. E. Buck, Lot 30, Sis ter's Add. 253.17 Jacob Parpon, Lot 31, Sister's Add. 253.17 Jacob Parpon, Lot 31, Sister's Add. 253.17 Jacob Parpon, Lot 33, Sister's Add. 215.68 Margt. Bour, Lot 1, Sub. Lot 59 Quigley's Sub. 355.27 Margt. Bour, Lot 58, Quigley's Sub. 118.43 Al. Doty, Lot 57, Quigley's Sub. 38.79 L. & M. Heyne, Lot 56, Quig- ley's Sub., W. 49 ft. 14.66 F. J. Reinker, Lot 1, Sub. Lot 2 of 24 Quigley's Sub 49.95 F. J. Reinker, Lot 2, Sub. Lot 1 of 1 of 25 Quigley's Sub 71.41 Thos. W. Parkin, Lot 1, Sub Lot 2 of 2 of 24 Quigley's Sub. 29.37 Thos. W. Parkin, Lot 1, Sub Lot 1 of 1 of 1 of 25 Quig- ley's Sub. 86:66 Elsie Link, Lot .2, Sub. Lot 2 of 2 of 24 Quigley's Sub 3.12 IClsie Link, Lot 2, Sub. Lot 1 of 1 of 1 of 25 Quigley's Sub. 107.29 L. W. Roehl, Lot 2, Sub. Lot 1 of 25 Quigley's Sub. 120.94 John M. Lee, Lot 26, Quigley's Sub. 114.23 John M. Lee, Lot 27, Quigley's Sub. 36.62 John M. Lee, Lot 28, Quigley's Sub., W. 50 ft. 10.65 Margaret Born, Lot 25A, Mich - el's Sub., E. 25 ft. 96.17 Margaret Born, Lot 25, Mich - el's Sub. 81.10 Margaret Born, Lot 26, Mich - el's Sub. 41.67 Margaret Born, Lot 27, Mich - el's Sub. 20.24 Margaret Born, Lot 28, Mich - el's Sub. 10.17 Margaret Born, Lot 29, Mich - el's Sub. 7.06 Margaret Born, Lot 30, Mich - el's Sub., W. 25 ft. 3.08 Margaret Born, Lot 1, Mich - el's Sub., W. 25 ft. 3.08 Margaret Born, Lot 2, Mich - el's Sub. 7.06 Margaret Born, Lot 3, Mich - el's Sub. 10.17 Margaret Born, Lot 4, Mich - el's Sub. 20.24 Margaret Born, Lot 5, Mich - el's Sub. 41.67 Margaret Born, Lot 6, Mich - el's Sub. 81.10 Margaret Born, Lot 6A, Mich - el's Sub., E. 25 ft. 96.17 Walter Blades, Lot 18, Davis Sub., S. 1 /3 58.12 Walter Blades, Lot 17, Davis Sub., S. 1 /3 23.70 Special Session, September 15th, 1931 281 F. G. & R. Huntington, Lot 18, Davis Sub., M. i/3 58.12 F. G. & R. Huntington, Lot 17, Davis Sub., M. Y3 23.70 L. J. & L. O'Dell, Lot 18, Davis Sub., N. 1 /3 58.12 L. J. & L. O'Dell, Lot 17, Davis Sub., N. 1 /3 23.70 Mutual Securities 'Co., Lot 16, Davis Sub. 43.49 Ed. C. Kuehnle, Lot 15, Davis Sub. 22.60 Roy Schwaegler; Lot 14, Davis Sub. 12.54 Midwest Lumber Co., Lot 13, Davis Sub. 8:98 Midwest Lumber Co., Lot 12, Davis Sub. 6.89 J. N. Blades, Lot 1, Davis Sub., S. 1 /2 88.47 J. N. Blades, Lot 2, Davis Sub., S. 1 /2 35.79 M. A. Hill, Lot 1, Davis Sub , N. 1/ 88.47 M. A. Hill, 'Lot 2, Davis Sub , N. 1/2 35.79 A. H. Radloff, Lot 3, Davis Sub. 43.32 Wm. M. Beyer, Lot 4, Davis Sub. 22.33 F. M. & G. Jaeger, Lot 5, Dav- is Sub. 12.26 John B. Conway, Lot 6, Davis Sub. 8.70 R. C. Briggs, Lot 7, Davis Sub. 6 Total $9,026.65 6568.51 sq. yds. 6 in. con- crete paving at $1.18 per sq. yd. $7,750.81 655.4 lin. ft. 2 ft. concrete curb and gutter at 55c per lin. ft. 360.47 172.0 lin ft. 4 in. tile at 20c per lin. ft. 34.40 96.1 sq. ft. concrete sidewalk at 14c per sq. ft. 13.45 5890 lbs. class D steel at 4c per lb. 235.60 55.75 lin. ft. expansion at 10c per lin. ft. 5.53 Interest at 6 per cent 71.41 Extra expense 554 ..90 Total $9,026.65 All of which is assessed in pro- portion to the special benefits con- ferred. Approved Sept. 15th, 1931. Adopted Sept. 15th, 1931. WM. H. MEUSER, Mayor. M. B. ANDELFINGER, ED. McEVOY, Councilmen. Attest: JOHN STTJBER, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andeliinger and McEvoy. Nays —None. Absent — Councilmen Jansen and Schuckert. Resolution No. 164-31 WHEREAS, the contract hereto- fore entered into by the City of Du- buque for the improving of North and South Algona Street hereinaf- ter described, has been completed and said improvement has been ac- cepted by the City Counoil of said City Engineer has computed the Coat and expense thereof to be $9,026.65. AND WHEREAS, public notice as provided by law, has been published by the City Clerk Stating the inten- tion of the City Council to issue bonds to pay the cost of said im- provement and a public hearing has been held . pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to provide for the cost of improving North ani South Algona Streets from the, south property line of Grace Street to the north property line of St. Joseph Street there be issued improvement bonds to the amount of $9,026.65. Said bonds shall be issued .under the provisions of Chapter 311 of the Code of Iowa, 1927, which bear date as of the 15th day of October, 1931; shall be in the ,denominations of $500.00 except that there shall be one bond to the amount of $26.65. They shall be numbered from 3086 •to 3104 inclusive and shall be divid- ed into ten series of which the bond numbered .2086 shall constitute the first series and shall be payable the 1st clay of April, A. D., 1932; the bonds numbered 3087 and •3088 shall constitute the second series and shall be payable the 1st day of April, A. D., 1933; the bonds numbered 3089 and 3090 shall constitute the third series and shall be payable the 1st day of April, A. D., 1934; the bonds numbered 3091 and 3092 shall con: stitute the fourth series and shall be payable the lst day of April A. D. 1935; the bonds numbered 3093, 3094 and 3095 shall constitute the fifth series and shall be payable the 1st day of April, A. D., 1936; the bonds numbered 3096 and 3097 shall constitute the sixth series and shall be payable the first day of April, A. D., 1937; the bonds numbered 3098 and 3099 shall constitute the seventh series and shall be payable the lst day of April, A. D., 1938; the bonds numbered 3100 and 3101 shall constitute the eighth series and 282 Special Session, September 15th, 1931 shall be payable the 1st day of April, A. D. 1939; the bonds numbered 3102 and 3103 shall constitute the ninth series and shall be payable the 1st day of April, A. D., 1940; the bond numbered 3104 shall constitulfa the tenth series and shall be pay- able 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 proceeds of special asses - ments levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially rn the following form: No Series No CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer herb of, on the first day of April, A. D. 193 ; or any time before that date at the option of the City, the sum of $500.00 Hundred Dollars, with inter- est thereon at the rate of five per cent per annum, payable on the pre- sentation and surrender of the in- terest coupons hereto attached, both interest and principal are payable at • the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 1927, and in accordance with a resolution of the City Council of said City, duly passed on the 15th day of September, 1931. This bond is one of a series of 19 bonds, 18 for $500.00, numbered from 3086 to 3103 inclu- sive, and one for $26.65, numbered 3104, all of like tenor and date, and issued for the purpose of improving North and South Algona Streets from the south property line of Grace Street to the north property line of St. Joseph Street and described in said resolution; which cost is assess- able to and levied along said im- provement, and is made by law a lien on all abutting or adjacent prop- erty, and payable in ten annual in- stallments, with interest on all de- ferred payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and per- formed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevoc- ably 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 15th day of September, 1931, and has authorized the use of their fac- simile signature to the in- teret coupons hereto attached. Countersigned (Seal) City Clerk. (Form of Coupon.) On the day of A. D. 193 , the City of Dubuque, Iowa, promises to pay to the bearer, as provided 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 Improvement Bond No , dated 193 Countersigned: Mayor. 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 here- by instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. Be It Further Resolved, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the pro- ceeds of said sale to be kept in a special fund to be known as Im- provement 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 15th day of Septem- ber, 1931. Special Session, Sep Approved: WM. H. MEUSER, Mayor. F.D. McEVOY, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. A b s en t— Councilmen Jansen, Schuckert. Proof of publication, certified to by the publisher, of the Publication of the list of claims for which war- rants were drawn during the month of August, 1931, presented and read. Councilman Andelfinger moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Mouser, Councilmen Andelfinger, McEvoy. Nays —None. A b s e n t— Councilmen Jansen, Schuckert. Ordinance No. 18 -31. AN ORDINANCE . establishing a grade on Grace Street from the east property line of Auburn Street to the west property line of North Grandview Avenue. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Grace Street from the east property line of Auburn Street to the west prop- erty line of North Grandview Ave- nue be and the same is hereby estab- lished and adopted as shown by the Profile of said street and grade pre- pared by the City Engineer, being Profile No. 1286, Bench Mark Arrow on Fire Hydrant northwest corner of West and McCormick Streets, eleva- tion 279.58. Said grade begins at the east property line of Auburn Street which is station 10 +23, south curb elevation 272.5, north curb elevation 272.5; thence to station 11+00, south curb elevation 268.7, north curb elev- ation 269.3; thence to station 11 +50, south curb elevation 267.6, north curb elevation 268.2; thence to sta- tion 11 +88, which is the west prop- erty line of Grigg Place on the south, south curb elevation 267.3, north curb elevation 268.3; thence to sta- tion 12 +03, which is the east prop- erty line of Grigg Place on the south, south curb elevation 267.3 north curb elevation 268.4; thence to sta- tion 13 +09, which is the west prop- erty line of Ida Street on the north, south curb elevation 271.1, north tember 15th, 1931 283 curb elevation 272.1; thence to sta- tion 13+59, which is the east prop- erty line of Ida Street on the north, north curb elevation 274.1; thence to station 15+18, which is the west alley line on the north, south curb elevation 279.7, north curb elevation 280.3; thence to staition 15+68, which is the east alley line on the north, north curb elevation 282.5; thence to station 17+61, which is the west alley line on the south, curb elevation 290.3; thence to sta- tion 17+81, which is the east alley line on the south, curb elevation 291.4; thence to station 18 +38, north curb elevation 293.9; thence to sta- tion 18 +84, which is the west prop- erty line, of North Grandview Ave- nue on the north, curb elevation 296.2. Sec. 2. This ordinance shall be in force and effect ten (10) days from and after its final passage and adop- tion by the City Council and publi- cation as provided by law. Passed upon first and second read- ings September 8th, 1931. Passed, adopted and approved September 15th, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal newspaper September 18th, 1931. JOHN STUBER, City Clerk. Report of the appraisers who were appointed to appraise the Allison - Henderson Park property: We, the undersigned, heretofore appointed by you to appraise the Allison - Henderson Park property as described in book 885, page 94, Du- buque County Records, and estim- ated to contain 130,529 square feet, appraise the same at 7% cents per square foot, or a total of $9,789.67. Done at Dubuque, Iowa, this 9th day of September, 1931. Signed by A. P. Abeln, John H. Maclay, Louis C. Kolfenbach. Bill attached for $30.00, being $10.00 each for their services. Councilman McEvoy moved that the report be approved and made a matter of record and warrants be drawn in the several amounts to compensate the appraisers for their work. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. A b s e n t— Councilmen Jansen, Schuckert. 284 Special Session, September 15th, 1931 Report of the activities of the Health Department for the month of August, 1931, presented for approval. Councilman McEvoy moved that the report be approved and placed on file. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. Absen t— Councilmen Jansen, Schuckert. Petition of 0. S. Kringle, owner of East 1 /4 of Lot 6 and West 75 feet of Lot 7, Sub. Min. Lot 149, stating that he was assessed for the im- provement of Dodge Street in the amount of $644.81 and that there are now two installments due. He asks that he be allowed,to pay the assess- ments due without penalty and that he be allowed to pay the balance on the installment plan. Councilman McEvoy moved that he pay the installments now due with accrued interest to date and the balance be paid on the install- ment plan, and the Treasurer be so instructed. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas—Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. Absen t— Councilmen Jansen, Sohuckert. Petition of W. F. Allendorf, re- ferred to the Council by the Board of Supervisors, asking that the Treasurer be instructed to accept $105.00 in full for the 1930 taxes against Lot 35, Farley's Add., the full amount including interest and penalties is $128.31. Councilman McEvoy moved that the petition be referred to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. A b s e n t— Councilmen Jansen, Schuckert. Petition of Mrs. Fannie Kemp, re- ferred to the Council by the Board of Supervisors, relative to having the last one -half of the 1929 tax and all of the 1930 tax suspended on Lot M. Lot 39. Councilman McEvoy moved that the petition be referred to the City Solicitor. Seconded by Councilman Andelfinger. Carried by, the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. A b s en t— Councilmen Jansen, Schuckert. Petition of Catherine Lundbeck re- ferred to Council by Board of Super- visors relative to having the 1930 tax suspended on Lot 11 Cox Add. 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, McEvoy. Nays —None. Absent — Councilmen Jansen Schuckert. Petition of Valentine Roth, re- ferred to the Council by the Board of Supervisors, relative to having the second one -half of the 1930 tax suspended on Lot 18, Linehan Park Add., assessed to August Greeve. Councilman McEvoy moved that the petition be referred to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. A b s e n t— Councilmen Jansen, Schuckert. Petition of Mrs. Mary Armbruster, referred to the Council by the Board of Supervisors, relative to having the 1930 tax suspended on Lot 31, G. R. West's Add. Councilman McEVoy moved that the petition be referred to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. A b s en t— Councilmen Jansen, Schuckert. Petition of. Thomas M. Stampfer for a permit to install a 250- gallon oil tank in his cellar without being bricked in, serving as an oil burner to heat water. Councilman Andelfinger moved that the prayer of the petition be granted. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen A ndelfinger, McEvoy. Nays —None. Absen t— Councilmen Jansen, Schuckert. Claim of Roy Treanor, in the sum of $5.90 on account of damages to his car by running over a bump in the street left there when Cleveland Avenue was improved. Councilman McEvoy moved that the claim be allowed and the Aud- itor be instructed to draw a warrant in this amount in favor of said Mr. Treanor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. A b se n t— Councilmen Jansen, Schuckert. Petition of residents on Seminary, Gold and Lowell Streets asking that Merchants Lane and part of Gold Street be improved by macadamiz- ing same. Signed by R. E. Hecker, Phil Heles, Wm. E. Henschel et al. (27 signers). Councilman McEvoy moved that the petition be referred to the City Manager. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. Absen t— Councilmen Jansen, Schuckert. Communication from the Play- ground and Recreation Commission stating that at a meeting held by said commission the following moo tion was passed: "That any football team approved by the Recreational Director be al- lowed to use the Athletic Field at a minimum rate of $10,00 per day, or 25% of the proceeds derived from such games." Councilman McEvoy moved that the arrangement stated in this com- munication be approved. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. Absen t— Councilmen Jansen, Schuckert. September 15, 1931, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol- icies and bond covering signs and desire to have your approval on same for filing: George C. Ratli & Sons, 1203 -1209 Central Avenue; Policy No, YR 4041, London Guarantee & Accident Co. Harmony Inn (Elsa Hust), 342 Main Street; Policy No. LPI 1695, Royal Indemnity Co. Home Cafe, 198 Main Street; Globe Indemnity Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman McEvoy moved that the bonds be approved and placed on file. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. Absen t— Councilmen Jansen, Schuckert. Special Session, September 15th, 1931 285 Petition of Elizabeth Byrne, ask- ing that the Treasurer be instructed to accept $300.00 in full for balance of assessments due for improving Bryant. Street on Lot 1 of Byrne's Sub., also 47 feet of Lot 2 of 24 and 25, Bonson & Stewart's Sub., which adjoins Lot 1. Councilman McEvoy moved that the petition be referred to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. A b s e n t— Councilmen Jansen, Schuckert. Petition of residents and property owners on Ashton and Delaware Streets, asking that a street light be installed at this location. Councilman McEvoy moved that the petition be referred to the City Manager. Seconded by Councilman Andelfinger. Carried by the fo11oW- ing vote: Yeas —Mayor Meurer, Councilmen Andelfinger, McEvoy, Nays —Non. A b s en t— Councilmen Jansen, Schuckert. Petition of Fighting 13ack Chapter No. 6, asking permission to conduct a Forget -Me -Not drive on the streets of Dubuque, Sept. 26th, 1931. Councilman Andelfinger moved that the prayer of the petition be granted. Seconded by Councilman McEvoy: Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. Absen t-- Councilmen Jansen, Schuckert, City Solicitor Czizek reported on the petition of Mrs. Ernst Wurst, re- ferred to him at a previous meeting for cancellation of the 1930 tax on her property; on his recomriienda- tion the prayer of the petition was granted. Councilman Andelfinger moved that the prayer of the petition be granted and the Board of Supervis- ors be advised of the Council's ac- tion. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy. Nays —None. Absen t— Councilmen Jansen, Schuckert. Councilman Schuckert entered and took his seat at 8:40 o'clock P. M. Communication from A. P. Abeln, stating the City of Dubuque holds tax sale certificates on Lots 4 -54, in Cushing's Sub., but failed to pay taxes thereon. This property was sold at tax sale to F. D. Thimmesch, Special Session, September 15th, 1931 287 he took out a peddler's license that he would not be bothered if he did not violate the one -hour parking limit or any other section of the City's Traffic Code. The City Solicitor stated that the City sold Mr. Burlingame a license to operate and that the Council has no right to place any restrictions of condition on the operation of the sandwich car or any other business on the streets. He stated that the Council has a right to revoke a lic- ense for just cause. There was no further action taken on this matter. Resolution No. 165 -31. Preliminary Estimate, Plans .and Specifications for a six (6) inch vit- rified tile sewer in Klingenberg Ter- race from the manhole at Kleine Street westerly to Rosaline Street and southerly in Rosaline Street to the North line of Lots Eleven (11) and Fifteen (15); C. A. Voelker's Addition, approximate cost $1,276.00, presented and read. - Councilman Schuckert moved that the resolution be adopted. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. Resolution No. 166 -31. (Necessity for Improvement.) Whereas, proposed plans, specif- ications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improvement, and the size and kind of sewers. 4. Each lot proposed to be assess- ed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot for the construction of a six (6) inch Vitrified Sanitary Sewer in Klingenberg Terrace from the manhole in Kleine Street to Rosaline Street and southerly in Rosaline Street to the north line of lots Eleven (11) and Fifteen (15), C. A. Voelker's Add., by construct- ing a six (6) inch Vitrified Tile San- itary Sewer, manholes and Y branch- es as shown on the plans. Estimated cost $1,276.00. Be It Therefore Resolved that the City Council, upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessment, they shall be deemed to have waived all objections thereto. Said improvement shall be con- strued 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 mak- ing said improvement will be assess ed upon and against all privately owned property lying within assess- able distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred there- by, and any deficiency shall be paid out of the general fund, sewer 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 performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of September, 1931. Approved and placed on file for final action. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. Resolution No. 167 -31. (Fixing Date of Hearing). Whereas, the City Council of the 286 . Special Session, September 15th, 1931 who holds the tax deeds thereon. He asks the City if they want to redeem these lots. Councilman McEvoy moved that the matter be referred to the City Solicitor to make the best deal pos- sible. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen, Communication from the City Man- ager and City Engineer, presenting a list of possible improvement jobs that could be carried through to com- pletion this fall and winter. Councilman Andelfinger moved that the communication be approved and the City Manager receive appli- cations of all unemployed, and he is hereby instructed to proceed with surveys, measurements and construc- tion of all proposed storm sewers as submitted, totalling about $28,000; using, preferred, married and depen- dent City labor one week each at 40c per hour. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. An Ordinance, being Ordinance No. 19 -31, authorizing the use of white canes exclusively by pedes- trians wholly or partially blind, and providing protection against street accidents to such persons, and pre- scribing a penalty for violation here- of, presented and read. Councilman Andelfinger moved that this be considered the first read- ing of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert, Nays —None. Absent — Councilman Jansen. Councilman Andelfinger moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Council- man McEvoy. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. The Ordinance was then read a second time. Councilman Andelfinger moved that this be considered the second reading of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent— Councilman Jansen. Councilman Andelfinger stated that Babe Carnera hereby petitions the Council (verbally) for the use of Athletic Park for the night of Sept. 29th, 1931, for the purpose of staging an athletic exhibition, and moved that upon payment of the customary fee of $100.00 the permit be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent— Councilman Jansen. Councilman McEvoy moved that the City Council congratulate Coun- cilman Martin B. Andelfinger on his election as Junior Vice Commander - in -Chief of the United Spanish War Veterans at the convention held in New Orleans, La., and the Clerk be instructed to enter them on the Council's official records. Seconded by Councilman Schuckert. Carried by the following vote: Yeas — Mayor Meuser, Councilmen McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. Not voting — Councilman Andel- finger. A communication from the- Bureau of Catholic Charities, relative to the unemployment situation in the City of Dubuque, recommending that there be a registration of all un- employed persons so as to determine the requirements of the City, recom- mending consideration of a program of public improvements. Councilman Schuckert moved that the communication be referred to the Council. Seconded by Council- man Andelfinger. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. Councilman McEvoy moved that the rules be suspended to allow any- one present who wishes to do so to address the Council. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. Attorney John Knoll, representing Mr. Frank Burlingame, owner of a sandwich wagon, addressed the Council relative to the operation of this wagon upon the streets in the City of Dubuque. He stated that be- fore Mr. Burlingame took out a lic- ense to operate this wagon, he talk- ed over the situation with former City Manager O. A. Kratz, who ap- proved the plan and told him that if 288 Special Session, September 15th, 1931 City of Dubuque, Iowa, has by Reso- lution No. 165 -31 given its prelim- inary approval on the proposed plans, specifications and form of con- tract and placed same on file in the office of the City Clerk for public inspection, for the construction of a six (6) inch Vitrified Tile Sanitary Sewer in Klingenberg Terrace from the manhole in Kleine Street west- erly to Rosaline Street and souther- ly in Rosaline Street to the north line of Lots Eleven (11) and Fifteen (15), C. A. Voelker's Addition, by constructing a six (6) inch Vitrified Tile Sanitary Sewer, manholes and Y branches as shown on plans, esti- mated cost $1,276.00, 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 public inspection, Be It Therefore Resolved that on the 6th dalr of October, 1931, a pub- lic hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Neces- sity and the City Clerk be and he is hereby directed to cause a notice of the time and plane of such hearing to be published in some newspaper published in the City of Dubuque, 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 consider- ation 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 hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of September, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: • Yeas — Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. Resolution No. 168 -31. Preliminary Estimate, Plans and Specifications for the construction of an eight (8) inch Vitrified Tile Sani- tary Sewer in Sidewalk space in Kaufmann Avenue, from the existing sewer in Kaufmann Avenue, wester- ly to the east line of Lot One Hun- dred and Sixty -six (166), L. H. Lang - worthy's Add., presented and read. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. Resolution No. 169 -31. (Necessity for Improvement). Whereas, proposed plans, specif- ications, form of contract, plat and schedule have been duly prepared and approyed by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improvement, and the size and kind of sewers. 4. Each lot proposed to be assess- ed together with a valuation fixed by the Council. 5. An estimate of Vie cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the construc- tion of an eight inch (8) Vitrified Tile Sanitary Sewer in sidewalk space in Kaufmann Avenue from the existing sewer in Kaufmann Avenue, westerly to the east line of Lot One Hundred and Sixty -six (166), L. H. Langworthy's Addition, by construct- ing an eight (8) inch Vitrified Tile Sanitary Sewer, manholes and Y branches as shown on plans for sewer in Kaufmann Avenue, estim- ated cost $1,245.00. Be It Therefore Resolved that the City Council, upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- Special Session, September 15th, 1931 289 ment, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying within assessable distance by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts theron or is adjacent thereto accord- ing to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, sewer 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 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 in the manner as provided by law. The above resolution was intro - duced, 'approved and ordered placed on file with the City Clerk this 15th day of September, 1931. Approved and placed on file for final action. Approved: WM. H. MEITSDR, ED, McEVOY, H. F. SCHUCKERT, Councilmen. M. B. ANDELFINGER, Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. Resolution No. 170 -31. (Fixing Date of Hearing.) Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 168 -31 given its prelim- . inary approval on the proposed plans, specifications and form of con- tract and placed same 011 file in the office of the City Clerk for public inspection, for the construction of an eight (8) inch Vitrified Tile Sanitary Sewer in sidewalk space in Kauf- mann Avenue from the existing sewer in Kaufmann Avenue westerly to the east line of Lot One Hundred and Sixty -six (166), L. H. Lang - worthy's Addition, by constructing an eight (8) inch Vitrified Tile San- itary Sewer, manhole and Y branch- es as shown on plans for sewer in Kaufmann Avenue, estimated cost $1,245.00, 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 5th day of October, 1931, a pub- lic hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract 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 Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, 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 consider- ation 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 hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of September, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays —None. Absent — Councilman Jansen. There being no further business, Councilman Schuckert moved to ad- journ. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. • Special Session, September 21st, 1931 291 $65,000, dated May 1st, 1928, bearing thirty days prior to November 1, interest at the rate of four and one- 1931. - quarter percent (4 %) per annum, Sec. 3. That all resolutions or payable semi - annually on the first orders or parts thereof in conflict days of May and November, which herewith be and the same are here - bonds by their terms mature serially by repealed. and in numerical order, $5,000 on Passed and approved September November 1 of each of the years 21st, 1931. 1935 to 1947 inclusive, but are op- tional for redemption as of Novem- ber 1, 1931, on notice; and Whereas, it is deemed advisable that the said bonds so optional be called for redemption as of Novem- ber 1, 1931, in order that the same may be refunded, and in order to effect such redemption it is neces- sary that notice thereof be given: Now, -Therefore, Be it and it is hereby Resolved by the City Council of the City, of Dubuque, Dubuque County, Iowa, as follows: • Section 1. That the outstanding Dock Bonds of the City of Dubuque, Iowa, as referred to in the preamble hereof, in the amount of $65,000, are hereby called for redemption as of November 1, 1931. Sec. 2. That the City Treasurer be and he is hereby ordered and di- rected to cause to be published in the Telegraph - Herald and Times - Journal, a newspaper printed and published in the City of Dubuque and having a general circulation throughout the State of Iowa, a no- tice of redemption in - substantially the following form: NOTICE OF REDEMPTION Public notice is hereby given that $65,000 Dock Bends of the City of Du- buque, in Dubuque County, Iowa, dated May 1, 1928, bearing interest at the rate of Four and One - quarter Percent (4 %) per annum, payable semi- annually on May 1 and Novem- ber 1, numbered consecutively from 1 to 65 inclusive, and maturing in numerical order $5,000 on November 1 of each of the years 1935 to 1947 inclusive, have been called for re- demption as of November 1 1931. All bonds should be surrendered at the place of payment designated therein on November 1, 1931, and if not so presented will cease to bear interest thereafter. By order of the City Council, this 21st day of September, 1931. OTTO F. PULS, City Treasurer. Said notice shall appear at least once in said newspaper not less than thirty days prior to November 1, 1931, and said City Treasurer shall, by letter, notify any and all known bond holders of said redemption and such letters shall be in substantially the same form as the published no- tice and shall be mailed at least WM. H. Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, Councilmen. Attest. JOHN STUBER, City Clerk. September 21, 1931. Honorable Mayor and City Co until, - Dubuque, Iowa. Gentlemen: In compliance with in- structions received Sept. 15th a let- ter was sent to all local banks and three Davenport bond houses advis- ing that up until eleven o'clock A.M. Sept. 21st sealed formal bids would be received for refunding of the $65,000.00, 4 %, Dubuque Dock Bonds. Accordingly this is to advise that at eleven o'clock today the 'City Treasurer and the writer were ready to open sealed ,bids and no sealed .bids were on file. However, representatives from the White- Phillips Company and Geo. M. Bechtel Company of Davenport, namely Messrs. Beck and Hill, were present and advised that they were authorized to bid orally for the said issue. • The bidding started by Mr. Beck offering to refund the 4 bonds for 4% bonds. On a spirited bidding the final offer was made by'Mr. Hill of the Bechtel Company on the basis of 4% bonds and an exchange agree- ment to the City of Dubuque in the sum of $651. We were advised that this is on the basis of approximately - 3 interest. Attached is a duplicate copy of a proposal made by Mr. Hill offering to refund this issue. We have at hand in the Treasurer's possession also a check, No. 15207, from the Bechtel Company in the sum of $1,000.00 as a guarantee that if alWarded contract same shall be en- tered into. Respectfully yours, R. M. EVANS, City Manager. Sept. 16, 1931. NOTICE TO BOND BIDDERS Sealed informal bids will be re- ceived by the City Manager of the city Dubuque, Iowa, at the City Hall, 13th and Cenral Avenue, Du- buque, Iowa, up to 11:00 o'clock A.M. Monday, Sept. 21st, 1931. Refunding df a $65,000 Bond Issue of 4 Dubuque, Iowa, Municipal Dock Bonds. Said $65,000 issue was 290 Special Session, September 21st, 1931 Nays —None. Absent -- Councilman Jansen. JOHN STUBER, City Clerk. Approved 1931. Adopted 1931. Councilmen: Attest: i City Clerk. • • CITY COUNCIL (Official) Special Session, September 21st, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Mayor Meuser read the call and stated that service thereof had been duly made. Notice and Call of •Special Meeting. To M. B. Andelfinger, Councilman. You are hereby notified and there is hereby called a special meeting of the City Council of the City, of Du- buque, to be held at the Council Chamber in the City Hall at 7:30 o'clock P. M., September 21st, 1931. At this meeting there will be pre- sented for passage and adoption a Resolution entitled: "A Resolution calling for redemp- tion of $65,000 Dock Bonds of the City of Dubuque, Dubuque County, Iowa" and there will also be transacted at such meeting any other business that may properly come before a regular meeting of said Council. Dated at Dubuque, Iowa, this 21st day of September, 1931. WM. H. MEUSER, GEO. O. JANSEN, Councilmen. Dubuque, Iowa, September 21st, 1931. The City Council of the City of Du- buque met in special session at the Council Chamber in said City at 7:30 P. M. The meeting was called to order and there were present Wm. H. Meuser, Mayor, in the chair, and the following named Councilmen: Geo. O. Jansen, Ed. McEvoy, H. F. Schuckert. Absent — Councilman M. B. Andel- finger. A Resolution entitled, "Resolution calling for redemption of $65,000 Dock Bonds of the City of Dubuque, Dubuque County, Iowa," was intro- duced by Councilman Schuckert, who moved that said resolution be adopted: seconded by Councilman Jansen, and the roll being called the following voted: Aye —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nay —None. Absent — Councilman Andelfinger. Whereupon the Mayor declared said motion duly carried and said resolution duly adopted. RESOLUTION calling for redemp- tion of $65,000 Dock Bonds of the City of Dubuque, Dubuque County, Iowa. Whereas, there is now outstanding the Dock Bonds of the City of Du- buque, Iowa, in the amount of • 292 Special Session, September originally dated May 1, 1928, and would mature at the rate of $5,000 each, November 1, from 1935 to 1947, both inclusive, interest May 1st and November 1st. Bidder shall bear cost of printing new $65,000 issue of bonds, and shall bear cost of preparation of proceed- ings and securing the approving opinion of Messrs. Chapman and Cutler. A certified check in the sum. of $1,000 is required with each bid as a guarantee that a contract will be entered into by successful bidders. City Council of Dubuque, Iowa, re- serves the right to reject any and all bids. Bid of the Geo. M. Bechtel Co. on the exchange of $65,000 Dock Bonds of the City of Dubuque. Dubuque, Iowa, Sept. 21, 1931. To the City Council, Dubuque, Iowa. Gentlemen: We will. exchange $65,000 Dock Bonds outstanding and issued by your City dated May 1, 1928, optioned` on and after the 1st. day of November, 1931, and due ser= ially 1935 to 1947; for a. like amount of Dock refunding bonds to be is- sued by. your City, to be dated No'- vember 1, 1931, bearing interest at the rate of four (4 %) per centum per annum, payable semi-annually; both principal, and interest, payable with Chicago Exchange at the office of the City Treasurer, Dubuque, Iowa, said bonds to become due and payable as follows, $5,000 each No- vember 1; 1935 to 1947 inclusive. We will furnish blank bonds ready for signature; pay all attorneys fees incurred by us; and furnish all legal papers necessary to complete the transaction, and pay you $651.00 for making the exchange. As evidence of our good faith in the performance of this contract, we de- posit herewith our certified check of $1,000 to be held by you uncashed pending completion of the provisions of this contract. Upon delivery of the legally issued bonds to us• this check is to be applied as part pay- ment for the above bonds, or in case of breach of contract on our part may be cashed as full liquidated damages. If for any reason this bid is not accepted or, if for any reason. Udr attorneys decline to approve the is- sue, said check is to be immediately returned to us. Prior to the exchange of said bonds the City is to furnish a cer- tified transcript of the legal pro- ceedings pertaining to said bond is- sues which shall show their legality to the satisfaction of our attorneys 21st, 1931 and furnish such other proceedings as they may require for this pur- pose. Respectfully submitted, GEO. M. BECHTEL & CO. By A. T. Hill. The above and foregoing proposi- tion having been accepted by 'he Council and the Mayor, and Clerk authorized to accept this agreement, . we hereby agree to deliver the above refunding bonds to Geo. M. Bechtel and Company, Davenport, Iowa, when issued. WM. H. MEUSER, Mayor. JOHN STUBER, City Clerk. Resolution Providing For The Sale Of $65,000 Dock Refunding Bonds. Whereas proposals have been re- ceived for the exchange of $65,000 Dock Bonds outstanding and issued by the City of Dubuue, dated May 1, 1928,, optioned on and after the first day of November, 1931, and due annually 1935 to 1947, for a like amount of Dock Refunding Bonds; and, Whereas George M. Bechtel and Co. has submitted the highest and best bid received. Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque, that the proposal submitted by said Geo. M. Bechtel and Co., Davenport, Iowa, be accepted and the Mayor and Clerk be and they are authorized to execute an acceptance of said pro- posal for and on behalf of said City of Dubuque. Passed, adopted and approved this 21st day of September,. 1931'. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, 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 Jansen, McEvoy and Schuckert. Nays —None. Absent — Councilman Andelfinger. Ordinance No. 19 -31 An Ordinance authorizing the use of white canes exclusively by pedes- trians wholly or partially, blind, and providing protection against street accidents to such persons, and pre- scribing a penalty for violation there- of. Special Session, September 21st, 1931 293 Be it ordained by the City Coun- cil of the City of Dubuque: Par. 179: Section 1. That, for the purpose of guarding against ac- cidents in traffic on the public thor- oughfares, it shall be unlawful for any person except persons wholly or partially blind to carry or use on the streets, highways and public places of the City any canes or walk- ing sticks which are white in color. Such canes or walking sticks may be used on the streets and other pub- lic places of the City by persons wholly or partially blind as a means of protecting them and for the pur- pose of identifying them by drivers of vehicles, operators of motor driv- en vehicles and other pedestrians with whom they come in contact on such streets, highways and public places. Par. 180, Sec. 2. Any driver of a vehicle, operator of a motor driven vehicle, or pedestrian who is. not wholly or partially blind, who ap- proaches or comes in contact with a person wholly or partially blind car- rying a cane or walking stick in color; shall immediately come for a full stop and take such precautions' before proceeding as may be nec- essary to avoid accident' or injury to the persons so carrying a white cane or walking stick. Par: 181; Sec. 3. Any person who shall carry a cane or walking stick such as is described' in Section 1 hereof contrary to the provisions of this ordinance, or who shall fail to heed the approach of a person so carrying a white cane or walking stick, or who shall fail' to come to a stop upon approaching or coming in contact with a person so carrying. such a cane or walking stick, or who shall fail to take precautions against accident or injury to such a person after coming to a stop as provided for herein, shall be fined not less than One Dollar nor more than One Hundred Dollars for each offense. Par. 182, Sec. 4. This ordinance shall take effect and be in force ten days from and after its passage - and due publication. Passed upon first and second read- ing this 15th day of September, 1931. Passed, adopted, and approved up- on final reading this 21st day of September, 1931. . WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F.- SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy and Schuckert. Nays —None. Absent— Councilman Andelfinger. Published officially in the Tele- graph-Herald and Times- Journdl newspaper, September 24, 1931. JOHN STUBER, City Clerk. September 21, 1931. Honorable' Mayor and City Council, Dubuque, Iowa. Gentlemen: There is attached hereto an application and bond, pro- perly executed, for the sale of cigar- ettes at 155 West llth Street under the name of Arthur J. Eisenegger. Above permit is for the period com- mencing' October 1, 1931, and ending July 1, 1932„ He had paid a license fee of $75.00. Respectfully, ALLEN E. SIGMAN, Secretary. Councihnan Schuckert moved that the bond' be approved and placed on file and the permit be granted. Sec - onded' by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays - -None. Absent — Councilman Andelfinger. Petition of Mullen Bros. & Co., stating. that they have the plumbing contract for the new Trausch Baking Co.'s building, and that on account of the fill foundation beneath the cement floor being entirely of cin- ders, which is very detrimental to lead bends, they hereby ask that they be permitted to use cast iron bends in the closets. Councilman McEvoy moved that the prayer of the petition be grant- ed, providing the Plumbing Inspect- or finds it • to be a practical installa- tion: Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schucker. Nays —None. Absent— Councilman Andelfinger. Grant and Easement. Know All Men by These Presents: That in consideration of $1.00, in hand paid by the City of Dubuque, Iowa, a Municipal Corporation, the receipt of which is hereby acknowl- edged, the undersigned being the owner of Lot 1, Pinehurst Subdivis- ion in the City of Dubuque, hereby grants and conveys to the City of Dubuque, a perpetual right in, over and across said Lot 1, Pinehurst Subdivision, for the purpose of con- structing a Storm Sewer, with the 294 Special Session, September 21st, 1931 1 Special Session, September 28th, 1931 295 right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall re- place whatever earth, sod or shrub- bery that may be disturbed in the installation or repair of said Storm Sewer to as good condition as it was before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, her heirs, executors, administrators, pur- chasers and assigns forever. BIRDENA E. BUSH. State of Iowa Dubuque County ss. Be it remembered that on this 16th day of September, 1931, person- ally appeared before me, a Notary Public in and for Dubuque County, Iowa, Birdena E. Bush, who is per- sonally known to me and adknowl- edged that she executed the fore- going instrument as her voluntary act and deed. JOHN STUBER, Notary Public in and for Dubuque County, Iowa. Councilman Schuckert moved that the Grant of Easement be accepted and recorded. Seconded by Council- man McEvoy. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of St. Paul's Evangelical Lutheran Church, asking for the use of the Municipal Athletic Park for Sunday, Sept. 27th, 1931, for the Fall Rally of the International Walther League. They are not charging any admission, therefore ask that they have the use of the park free. Councilman Schuckert moved that the prayer of the petition be grant- ed, under the supervision of Recrea- tional Director Syl McCauley. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of property owners on Coates Street requesting that said street, from the intersection of Coates and Cross Streets to the westerly City Limits, be granted. Councilman McEvoy moved that the petition be referred to the City Man- ager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of F. Hintz, asking per- mission to construct a two -foot con- Crete sidewalk in front of and abut- ting his property on Greely Street, stating that the walk will be used by only two families. Councilman McEvoy moved that the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of Herman H. Morris, an ex- service man, for permit to peddle from house to house, without being required to obtain a license therefor. He is not able to do all kinds of work. Councilman McEvoy moved that the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Report of the City Solicitor on the petition of Catherine Lundbeck, re- ferred to the Council by the Board of Supervisors, relative to suspen- sion of the 1930 tax on Lot 11, Cox's Add., recommending that the peti- tion be granted. Councilman McEvoy moved that the prayer of the petition be granted and the Board of Supervisors be ad- vised of the Council's action. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Report of the City Solicitor on the petition of Mrs. Fannie Kemp, re- ferred to the Council by the Board of Supervisors, relative to having the last one -half of the 1929 tax and all of the 1930 tax suspended, recom- mending that the petition be granted. Councilman Schuckert moved that the prayer of the petition be grant- ed and the Board of Supervisors be advised of the Council's action. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas - -Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Councilman McEvoy moved that the rules be suspended to allow any- one present, who wishes to do so, to address the Council. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Mr. F. Berendes, 3015 Shiras Ave- nue, addressed the Council, stating that on account of the ditch on Shiras Avenue; he cannot get in or out of his property without going through his neighbor's property, and he hereby asks the City Council to remedy this situation. Councilman Schuckert moved that the matter be referred to the Coun- cil to view the grounds. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Proposition of Theodore F. Ris, asking that the City vacate the alley running from Brunswick Street to Pinard Street in exchange for which he will deed to the City 25 feet of his property to widen Brunswick Street. Councilman Schuckert moved that the proposition be approved and the matter be referred to the Planning and Zoning Commission for their ap- proval. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. There being no further business, Councilman Schuckert moved to ad- journ. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. JOHN STUBER, City Clerk. Adopted 1931. Approved 1931. Councilmen: Attest: City Clerk. CITY COUNCIL (Official) Special Session, September 28th, 1931. Meeting called by order of Mayor Meuser and Councilman Schuckert. Council met at 7.30 P. M. The meeting was called to order and there were present Wm. H. Meu- ser, Mayor, in the Chair and the fol- lwoing named Councilmen: Martin B. Andelfinger, Geo. O. Jansen, Ed. McEvoy, H. F. Schuckert. Absent —None. Mayor Meuser read the following call: Notice and Call of Special Meeting of the City Council. To , Councilman. You are hereby notified and there is hereby called a special meeting of City Council of the City of Dubuque, to be held at the Council Chamber in the City Hall at 7:30 o'clock P. M., September 28th, 1931. At this meet- ing there will be presented a "Reso- lution to fix the date of meeting at which it is proposed to take action for the issuance of $65,000 Refund- ing Bonds of the City of Dubuque," and there will be transacted at such meeting any other business that may properly come before a regular meeting of said Council. And this date has also been fixed for adopting resolutions of necessity for the widening of West 12th Street from Locust Street to Bluff Street, and improving the Alley first West of North Booth Street from Lang - orthy Avenue to West 3rd Street. Dated at Dubuque, Iowa, this 26th day of September, 1931. Signed by: WM. H. MEUSER, H. F. SCHUCKERT, Councilmen. Councilman Andelfinger introduced and caused to be read a resolution entitled "Resolution to fix a date of meeting at which it is proposed to take action for the issuance of $65,000 Refundings Bonds" and moved its adoption. Seconded by Councilman Schuckert. After due consideration by the Council, the Mayor put the question and, upon roll being called, the following voted: Aye —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Whereupon the Mayor declared the resolution duly adopted and sign- ed his approval thereto. Resolution No. 177-' -31 RESOLUTION to fix date of meeting at which it is proposed to take ac- 3 • 1 :1 296 Special Session, September 28th, 1931 tion for the issuance of $65,000 Refunding Bonds. Whereas, The .City of Dubuque, in the County of Dubuque and State of Iowa, did under date of May lst. 1928, issue its Dock Bonds in the amount of $65,000, all of which are now outstanding and mature serial -, ly, $5,000 on November 1 of each of the years 1935 to 1947 inclusive, but are now redeemable at the option of said City, and Whereas, Said City does not now and will not on November 1, 1931, have funds available to pay the prin- cipal of any or all of said bonds; and Whereas, Said bonds are to be sur- rendered as of November 1, 1931, and it is deemed for the best inter- ests of said City that advantage be taken of the present favorable fin- ancing market and that Refunding Bonds of said City be issued as. of November lst,. 1931, for the purpose of refunding said outstanding Dock Bonds, but it is first necessary to give notice and a hearing as re- quired by Section 363 of the Code of Iowa; Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, as follows: Section 1. That this Council meet at the Council Chamber in the City Hall within said City on the 12th day of October, 1931, at 7:30 o'clock P. M., at which time and place proceed- ings will be instituted and action taken for the issuance of Sixty -five Thousand Dollars ($65,000) Refund- ing Bonds to be dated November 1, 1931, for the purpose of refunding as of that date a like principal amount of Dock Bonds referred to in the preamble hereof. Sec. 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said bonds, setting forth the amount and pur- pose thereof, the time when and place where said meeting will be held, by publication at least once for at least ten days before said meet- ing, in the Telegraph - Herald and Times - Journal newspaper, a news- paper of general circulation within said City. Said notice shall be in substantially the following form: NOTICE OF MEETING FOR ISSUANCE OF REFUNDING BONDS The City Council of the City of Du- buque, Iowa, will meet on the 12th day of October, 1931, at the Council Chamber in the City Hall, Dubuque, Iowa, at 7:30 o'clock P. M., for the purpose of instituting proceedings and taking action for the issuance of Sixty -five Thousand Dollars ($65,000) Refunding Bonds of the said City, to be dated November 1, 1931, for the purpose of refunding as of that date a like. principal amount of Dock Bonds of said City, dated May 1, 1928. At any time before the date of said meeting five or more taxpayers may file a petition in the office of the City Clerk, setting forth their objections thereto. By order of the City Council September 28th, 1931. JOHN STUBER, City Clerk. Sec. 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage and approval. Passed and approved September 28th, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, 11. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Proof of publication, certified to by the publisher, of notice of pend- ency of Resolution of Necessity for the widening of West 12th Street from the West property line of Lo- cust Street to the East property line of Bluff Street, presented and read. Councilman Schuckert moved that the proof of publication be received and filed, Seconded. by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, ' McEvoy, and Schuckert. Nays —None. Resolution No. 158 -31 Resolution of necessity for the widening of West Twelfth Street from the west property line of Lo- cust Street to the east property line of Bluff Street, by widening West Twelfth Street four feet and six in- ches (4' 6 ") on each side, by remov- ing existing concrete curb and gut- ter, doing necessary grading and constructing concrete sidewalks where necessary, and combination curb and gutter seven (7) feet wide on each side of West Twelfth Street from the west property line of Lo- cust Street to the east property line of Bluff Street. Estimated cost, $583.00; having been approved and placed on file at a meeting of the Council held September 8th, 1931, for final action, presented for final adoption. Councilman Andelfinger moved the adoption of the resolution. Seconded Special Session, September 28th, 1931 by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Absent —None. Petition of S. D. Ryan remonstrat- ing against the improvement of the Widening of West 12th Street, stat- ing that he protests against the im- provement because he has but re- cently been assessed for the curbing of 12th Street and improving of the street. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Schuckert, Carried by the following vote: Yeas —Mayor Meuser, Counciluen Andelfinger, Jansen, McEvoy, and Schuckert. Nays—None. Resolution No. 173 -31 (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements.) Whereas, proposed plans and spec- ifications and form of contract for the Widening of West Twelfth Street from the west property line of Locust Street to the east property line of Bluff Street, by widening West Twelfth Street four feet and six inches (4' 6-") on each side, by removing existing concrete curb and gutter, doing necessary grading and constructing concrete sidewalks where necessary. and combination curb and gutter seven (7) feet wide on each side of West Twelfth street from the west property line of Lo- cust Street to the east property line of Bluff Street, estimated cost $583.00, have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1927, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plan, specifications or con- tract for or cost of such improve- ments, said time being this 28th day of September, 1931; and Whereas, the City Council met in Special session this 28th day of September, 1931, at 7:30 o'clock P. M., at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider- ing any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have 297 been filed have been duly weighed and considered; now, therefor Be It Resolved by the City Council of the City of Dubuque, that all ob- jections which have ben made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifica- tions and form of contract hereto- fore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 28th day of September, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 174-31 (Ordering Construction). Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity, No. 158 -31, which was duly passed by this Council, for the widening of West Twelfth Street from the west property line of Locust Street to the east property line of Bluff Street, by widening West Twelfth street four feet and six inches (4' 6 ") on each side, by removing existing concrete curb and gutter, doing necessary grading and constructing concrete sidewalks where necessary, and com- bination curb and gutter seven (7) feet wide on each side of West Twelfth Street from the west prop- erty line of Locust Street to the east property line of Bluff Street, estim- ated cost $583.00, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the 1 • 1 i 1 1 1 1 • 1 1 1 1 1 298 Special Session, September 28th, 1931 cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the im- provements, whether such property abut upon the same or are adjacent thereto, according to the area there- of and in proportion to the special benefits conferred, and any defic- iency will be paid out of the general, improvement, or sewer funds of the City, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds or with to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein pro- vided by law, the said improvements shall be completed on or before the 15th day of November, 1931. Be it Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 28th day of September, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Proof of publication, certified to by the publisher, of notice of pendency of resolution for the improving of the Alley first West of North Booth Street, from the north property line of Langworthy Street to the south property line of West 3rd Street, presented and read. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Remonstrances against the im- provement filed by Mrs. H. D. Her- tel, Richard R. Davis, Mrs. Rosette Nagle, D. D. Prather, Alice Prather, Wm. F. Higgins, and Mrs. Anna Buelow. Councilman Jansen moved that the rules be suspended to allow any one present, who wishes to do so, to address the Council. Seconded by Councilman McEvoy. Carried by the .following vote: Ayes —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Eldon Fischer addressed the Coun- cil in favor of the improvement, stating that the alley is in bad con- dition and ought to be improved. Mrs. Anna Buelow addressed the Council stating that she had no ob- jections to the improvement, but al- though she is in the assessable limit, her property does not abut on the alley, and she thinks the assess- ment as will be levied against her property is high and thinks that it ought to be reduced. Councilman McEvoy moved that the petitions, with the exception of Mrs. Buelow's 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 Andelfinger moved that the petition of Mrs. Anna Bue- low -be referred to the Council for consideration. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 161 -31 Resolution of necessity for the im- proving of the alley first west of North Booth Street from the north property line of Langworthy Street to the south property line of West Third Street, by grading said alley to the proper sub - grade, furnishing Class D steel and paving said alley with a concrete pavement six (6) in- ches thick and sixteen (16) feet wide, estimated cost $977.90; having been approved and placed on file for final action, Sept. 8th, 1931, present- ed for final action and adoption. Councilman Andelfinger moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 175 -31 Special Session, September 28th, 1931 299 (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements.) Whereas, proposed plans and spec- ifications and form of contract for the improving of the alley first west of North Booth Street from the north property line of Langworthy Street to the south property line of West Third Street, by grading said alley to the proper sub - grade, fur- nishing Class D steel and paving said alley with a concrete pavement six (6) inches thick and sixteen (16) feet wide, estimated cost $977.90, have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1927, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 28th day of September, 1931; and Whereas, the City Council met in Special session this 28th day of September, 1931, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider- ing any and all objections which have been filed to the proposed plans, specifications or contract for or cost if the improvement herein described and proposed to be made; • and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and consid- ered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improve- ment herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 28th day of September, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy Schuck- ert. Nays —None. Resolution No. 176 -31 (Ordering Construction.) Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity, No. 161 -31, which was duly passed by this Council, for the improving of the alley first west of North Booth Street from the north property line of Langworthy Street to the south I roperty line of West Third Street, by grading said alley to the proper sub - grade, furnishing Class D steel and paving said alley with a con- crete pavement six (6) inches thick and sixteen (16) feet wide, estim- ated cost $997.50; be and the same are hereby ordered and constructed by this Council upon its own motion, and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the im- provements, whether such property abut upon the same or are adjacent thereto, according to the area there- of and in proportion to the special benefits conferred, and any defic- iency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds or with ..... ..... to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein pro- vided for in the manner provided by law, the said improvements shall be completed on or before the 15th day of November, 1931. Be It Further Resolved that this resolution being deemed urgent and 1 1 1 1 ■ 1 =1 s 1 = 1 ji 1 1 0 1 300 Special Session, September 28th, 1931 of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed. adopted and approved this 28th day of September, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of John Schilling claiming from the City $70.00 on account of personal injuries sustained by his minor son, Robert, stating that his son tripped over a fire hose on the sidewalk adjoining 3091 Jackson Street, during a fire, claiming that the fireman raised the hose just as the boy was about to step over it. He hereby asks that the City reim- burse him in the amount of $70.00, being the amount of the doctor's bill. Councilman Jansen moved that the petition be referred to the City Solicitor. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Notice of claim filed by Mrs. Freda Redmond, by her attorneys, in the sum of $2,000 for herself and minor child, for personal injuries sustained August 7th, 1931, - in an automobile accident, which happened when the automobile in which she was riding plunged into a ravine at the end of North Algona Street at the junction of Dexter Street, claiming that the street was unprotected. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Notice of Claim filed by Genevieve Freyman, by her attorneys, in the sum of $2,000 against the City, on account of personal injuries sustain- ed in an automobile accident, Au- gust 7, 1931, when the automobile in which she was riding plunged into a ravine at the end of North Algona Street at the junction of Dexter Street, which she claims was un- protected. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Notice of Claim of Jack Redmond, filed by his attorneys, in the sum of $650.00 on account of damages to his automobile, August 7, 1931, when he drove into an unprotected ravine at the end of North Algona Street at the junction of Dexter Street. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Fred Mussehl, referred to the Council by the Board of Su- pervisors, relative to having the 1930 tax suspended on N. 1 / 2 of Lot 1 of Sub. 4 of the N.E. 1 /2 of Sec. 13, 89 —2E. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote: Yeas - -Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Caroline Bargman, re- ferred to the Council by the Board of Supervisors, relative to having the 1930 tax cancelled on W. 1 /2 of Lot 252, East Dubuque, Add. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Mathilda and Juergen Brunjes, referred to the Council by the Board of Supervisors, relative to having the 1930 tax suspended on Lot 2, Breakey's Add. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Special Session, September 28th, 1931 301 Petition and Remonstrance, signed by 101 merchants of the City, object- ing to the passage by the City Coun- cil of any ordinance prohibiting the sale of fireworks in the City and stating their reasons therefor. Attor- ney Robert Clewell and E. Buettell, of Buettell . Bros. Co., addressed the Council relative thereto, objecting to the passage of the proposed ordin- ance. 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. The Ordinance was not passed. Communication of A. C. Wiprod, general counsel of the Upper Missis- sippi Barge Line Co., acknowledging the receipt of the City's contribution to the nine -foot channel fund, stating that the contribution is very much appreciated, -as well as the fine sup- port which the City has given move- ment in the past. Councilman Schuckert moved that the communication be received and filed. Seconded by Councilman An- delfinger. Carried by the 'following vote : Yeas—Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Carl Ziepprecht, with bill attached, in the sum of $9.25, stating that the sewage backed up through the toilet in the basement of his home at 14th and•Main Streets and did considerable damage. He herewith presents the plumber's bill which he paid and asks that the City reimburse him in this amount. Councilman McEvoy moved that the prayer of the petition be granted and the Auditor be instructed to draw a warrant in the amount of $9.25 in favor of Carl Ziepprecht. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of residents on Ryder and Perry Streets asking that a street light be installed at this intersec- tion. (5 signers). Councilman Schuckert moved that the petition be referred to the City Manager. Seconded 'by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The City Manager reported that lights are needed in other parts of the City, more necessary than at this place, and recommended that some of these should be placed be- fore the light at the intersection of Ryder and Perry Streets. Councilman Jansen moved that the recommendation of the Manager, be approved. Seconded by Council- man Andelfinger. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. - Nays —None. Petition of Key City Lodge, No. 275, Brotherhood of Railway Carmen of America voicing their objections to the cut of wages for City labor from 50c to 40c per hour, and re- questing that no reduction be made in wages and salaries Of employees of the City. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Andel- finger. Carried by the following • vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. The City Manager to write to Mr. Montell, Secretary Of the .Key City Lodge, explaining why the cut was made. Communication of H. A. Kennison objecting to the Engineering Depart- ment rendering private service to the public. Councilman Schuckert moved that the communication be received and filed. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of property owners asking that Simpson Street be brought to grade from Cross Street to Simpson Street. Councilman McEvoy moved that the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Thos. Flynn Coal Co. stating that due to the inclement weather and delay in starting work, as provided by law, they hereby ask that they be granted an extension of time for the improving of Grace Street to November 15th, 1931. Councilman McEvoy moved that the prayer of the petition be granted providing it meets with the approval 302 Special Session, September 28th, 1931 of the Bonding company. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Fred Lay and Henry Wille asking that the City adopt an Ordinance whereby all chimneys must be cleaned and that they, being professionals, be appointed the offic- ial chimney sweeps. Councilman Jansen moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. September 28, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In line with the in- structions given at the Council meet- ing September 15th, please be ad- vised that all local dealers known to handle sewer pipe were informed of the informal letting held at eleven o'clock September 26th for the pur- pose of securing bids for storm sewer material. In accordance with the notice to bidders, we attach herewith the re- sult of the letting which shows that Linehan & Molo were low in the unit quantities and the total estimated amount at certain lengths of our pre- liminary order. The City, in our notice to bidders, reserved the right to increase or de- crease any particular footage of cer- tain size. Prices were secured on, we believe, the various sizes that are to be used in the storm sewer con- struction. Accordingly the writer would rec- ommend the award of the sewer pipe for storm sewer construction to Line- han & Molo. Respectfully submitted, R. M. EVANS, City Manager. Councilman Andelfinger 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. Quotations on Tile Sewer Pipe Receipt of quotations, 11:00 A. M. Saturday, September 26, 1931, on Vitrified Tile Sewer Pipe, F. 0. B. cars, Dubuque, Iowa: Unit Price Quotations. LINEHAN & MOLO. Two foot lengths - 1000'-12" Standard $ .43 1000' - -15" Standard .63 750' -18" Standard .82 500' -21" Standard 1.11 Three foot lengths - 500'-25" Double strength $1.73 500' -27" Double strength ...... 2.52 750' -30" Double strength 3.06 . Less 5% 10 days on pipe. Totals $6,650.00 DUBUQUE STONE PRODUCTS 00. Two foot lengths - 1000' -12" Standard $ .441 1000' -15" Standard .637 750' -18" Standard .833 500' -21" Standard 1.127 Three foot lengths - 500'-24" Double strength 1.784 500' -27" Double strength 2.535 750'-30" Double strength 3.07 Less 5% 15 days on pipe. Totals $6,718.25 KEY CITY ROOFING CO. Two foot lengths - 1000'-12" Standard $ .45 1000' -15" Standard .63 750' -18" Standard .85 500' -21" Standard 1.15 Three foot lengths - 500'-24" Double strength $1.80 500' -27" Double strength 2.55 750' -30" Double strength 3.10 Less 5% 10 days on pipe. Totals $6,812.50 September 28, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In regard to the peti- tion for a new street light at Dela- ware and Ashton Streets, please be advised that the petition has been investigated and the writer finds that no light is installed at present on Delaware Street for two short blocks to the east and 'lone at the end of the block to the west. There is a light toward the west of this particular intersection of Cherry Street, but the house on the north- east corner of Avoca and Delaware hides this light. Toward the south from Delaware Street on Ashton Street there are in all six houses un- protected by any street light in this vicinity. The writer would strongly recom- mend the installation of a new 400 C.P. at Delaware and Ashton Streets. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Special Session, September 28th, 1931 303 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. September 28, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the petition of Mr. F. Hintz, 3594 Gree- ley Street, that he be permitted to construct a new concrete sidewalk of two feet width from King Street southwardly on the eastwardly side of said Greeley Street, please be ad- vised that this proposed walk would benefit the properties of Mr. Hintz and Mr. F. J. Berens of 3578 Greeley Street. The present sidewalk space on Greeley Street appears to be 6 feet from the back of the curb to the property line. In this portion of the block on the eastwardly side of the street and south of King Street there are three large trees. The writer discussed with both property owners the feaseability of a three -foot sidewalk being located at the regular position one foot from the property line and a tentative ac- ceptance was made by both property owners in case Council will permit of three -foot walks until such time as the trees are removed. The walk southwardly from King Street will never benefit any but these two properties as there is a bluff just south of the house at No. 3578. Accordingly the writer would recommend that approval be given for a three -foot walk temporarily and construction be made in such a manner that would permit of addi- tions to said walk toward the curb in the future. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that. the recommendation of the City Man- ager be approved. Seconded by Coun- cilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. — A representative of Ed Kuehnle addressed the Council relative to closing 15th Street between White and Jackson Streets during recess periods of St. Mary's School, stating that it is detrimental to the property on 15th and Jackson Streets, this be- ing a store building, and on account of shutting off the street it is hard for them to get a tenant for this store. Councilman Andelfinger moved that the matter be referred to the City Manager for investigation and report. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. City Solicitor reported on the peti- tion of Valentine Roth, referred to the Council by the Board of Super - visors for suspension of the second one -half of the 1930 tax on Lot 13, Linehan Park Add. On his recom- mendation the tax was suspended. Councilman Andelfinger moved that the recommendation of the City Solicitor be approved, the prayer of the petition be granted and the Board of Supervisors be advised of the Council's action. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of the City Solicitor on the petition of Mrs. Barbara LaTour, re- ferred to the Council by the Board of Supervisors, for cancellation of the second one -half of the tax for 1930 on S.E. 50 feet of S.E. 100 feet of Lot 151, L. H. Langworthy's Add., recommending that the tax be sus- pended. Councilman Jansen moved that the recommendation of the City So- licitor be approved, the tax be sus- pended and the Board of Supervisors be advised of the Council's action. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen. McEvoy, and Schuckert. Nays —None. John Kerper, of the Dock Board, addressed the Council and presented each of the members with a copy of the agreement reached by the Du- buque Dock Commission and the Kanawha- Mississippi Coal Co. of West Virginia, providing for the con- struction by the City of a river and rail coal and ore dock on the river front and the operation of the same as a coal distributing center by the company. He hoped that the Council will give this proposition favorable consideration. Councilman Andelfinger moved that the matter lay over to the next regular meeting of the Council to be held October 5th, 1931, to give the Councilmen ample time to acquaint themselves with the proposition. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Andelfinger moved that any member of the Council who wishes to attend the City Manager 304 Special Session, September 28th, 1931 Convention at Louisville, Ky., be authorized to do so. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Councilman Schuckert moved to ad- journ. Seconded by Councilman An- delfinger. Carried by the following vote. Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. JOHN STUBER, City Clerk. Approved 1931 Adopted 1931 Councilmen: Attest: City Clerk. an