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1931 October Council Proceedings1 1 1 i Regular CITY COUNCIL (Official) Regular Session, October 5th, 1931. Council met at 7:40 p. m. Present —Mayor Meuser, Council- men Andelfinger, Jansen, McEvoy, Schuckert and City Manager Evans. Mayor Meuser stated that this is the regular monthly meeting of the Council for the transaction of such business as may properly come be- fore a regular meeting of the Coun- cil, and that this date has also been fixed for the adopting of Resolutions of necessity and hearing on the plans and specifications, form of con- tract and cost of improvements for the construction of a sanitary sewer in Klingenberg Terrace from Kleine to Rosaline Street and a Sanitary sewer in the sidewalk space on Kauf- man Avenue, from the existing sewer in Kaufman Avenue, Westerly to the east line of lot 166 L. H. Lang - worthy's Addition. Proof of publication certified to by the publisher of notice of pendency of Resolution of .Necessity and hear- ing upon proposed plans, specifica- tions form of contract and cost of improvement for the construction of a sanitary sewer in Klingenberg Terrace, from the manhole in Kleine Street westerly to Rosaline Street and southerly in Rosaline Street to the north line of lots 11 and 15, C. A. Voelkers Add. Estimated cost $1276. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Resolution No. 166 -31 Resolution of Necessity for the construction of a Sanitary sewer in Klingenberg Terrace from the man- hole in Kleine Street westerly to Rosaline Street and southerly in Rosaline Street to the North line of lots 11 and 15 C. A. Voelkers Add. having been approved at a meeting of the Council held September 15th, 1931, and placed on file for final action, presented for final action and adoption. 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. Objections filed by Mr. and Mrs. Session, October 5th, 1931 305 Thalhammer, Mrs. Mary Kaiser, Mrs. Mary Schenker, and Mrs. Mamie Kaufman, stating that their lots are hill -side lots and not worth much, are not fit to build upon, and that they would receive no benefits from said proposed sewer. Councilman Jansen moved that the petitions be referred to the Council to view the grounds and that further action be deferred. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Proof of publication certified to by the publisher of notice of pend- ency of resolution and a hearing up- on plans and specifications, form of contract and cost of improvement for the construction of a sanitary sewer in the sidewalk space in Kauf- man Avenue from the existing sewer in Kaufman Avenue westerly to the east line of lot 166 L. H. Langwor- thy's Addition. Estimate cost $1,245. 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, Schuck- ert. Nays —None. Resolution No. 169 -31 Resolution of Necessity for the construction of a Sanitary sewer in the sidewalk space in Kaufman Ave- nue, from the existing sewer in Kauf- man Avenue westerly to the east line of lot 166 L. H. Langworthy's Addi- tion, having been approved at a meeting of the Council held Septem- ber 15th, 1931, and placed on file for final action, and adoption. 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. Remonstrances against the con- struction of said sewer in Kaufman Avenue filed by Robert Kaufman, Joseph Vogt, Fred Schmid, and Peter Maas, stating that their properties abutting this proposed sewer are mostly large tracts, used mostly for gardening purposes and the cost of this sewer would work a hardship on them, and further -more they do not need a sanitary sewer, and would receive no benefits therefrom. Councilman Andelfinger moved that the petition be referred to the Council to view the grounds, and fur- ther action at this time be deferred. 306 Regular Session, October 5th, 1931 Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. September 30, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Herman H. Morris of 849 Seminary Street, Dubuque, Iowa, dated September 21st, was re- ferred by Council to the City Man- ager for investigation and report on the same date. Please be advised that Mr. Morris is a man about forty years of age who has lived in Dubuque since August 5, 1930. He formerly worked in South Dakota. Mr. Morris is a World War veteran, enlisting in 1918 and having received his honorable discharge in 1919. He is married and has two children. Mr. Morris was not injured in ser- vice, but has since contracted rheu- matism and is unable to perform hard work and, in fact, has had no work except raising vegetables for nearly a year. For a short time he was employed at the Brunswick Plant, Dubuque. He has a small car and desires to secure a permit to sell vegetables and fruit from house to house in the City without paying the usual per- mit fee. It is the writer's recom- mendation that, due to the physical condition of this man and the fact he is a World War veteran, that a license be granted without charge until April 1, 1932. Yours very truly, R. M. EVANS, City Manager. Councilman Jansen moved that the recommendation of the City Manager be approved. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. September 30, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a special meeting of the Play- ground and Recreation Commission held Wednesday, September 23, 1931, a motion was passed to the effect that your Honorable Body be request- ed to set aside Block F Rafferty's Slough Subdivision for playground purposes until such time as its use for industrial purposes becomes nec- essary. The above action was deemed ad- visable due to many requests coming to the Recreation Office for the con- version of part of that field into a playground on the ground that no adequate play facilities are available for the south end of town. The Commission considered this a worthy project and favorable action from your Honorable Body will be greatly appreciated. Respectfully submitted, H. C. BAUMGARTNER, Chairman of Playground and Recreation Com. Councilman McEvoy moved that the request be granted. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Petition of Joseph Roidl referred to the Council by the Board of Super- visors, asking that the second one - half of the 1930 tax on lot 469 Ham's Addition be Suspended. Councilman Schuckert moved that the petition be referred to the City Solicitor. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Petition of Mrs. Nettie Lyon re- ferred to the .Council by the Board of Supervisors, asking that the 1930 tax be cancelled on Sub. 1 of Randall's Sub. lot 13. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Petition of Margaret I. Kelly re- ferred to the Council by the Board of Supervisors, asking that the 1930 tax on lot Sub. of Min. lot 39 lot 31 be suspended. Councilman Andelfinger moved that the prayer of the petition be granted 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, Schuck- ert. Nays —None. Petition of Mrs. Wm. E. Gregory referred to the Council by the Board of Supervisors, asking that the sec- ond one -half of the 1930 tax be ex- empted on lot 159 Finley's Addition. Councilman McEvoy moved that the second one -half of the 1930 tax be suspended, and the Board of Sup- Regular Session, October 5th, 1931 307 ervisors be advised of the Council's action. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEV0y, Schuck- ert. Nays —None. Petition of H. E. Lewis for per- mission to install two 250 gallon oil tanks in the basement of the build- ing located at 1324 Central Avenue and two 250 gallon oil tanks in the basement of a store located at 2802 Jackson Street, without bricking in same. Councilman McEvoy moved that the prayer of the petition be granted. Seconded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, .Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. October 2, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies cover- ing signs and desire to have your approval on same for filing: Grand Opera House Co., (Strand Theatre) 12th and Main Streets; Policy No. L.O.L. 319672, New Am- sterdam Casualty Co. Majestic Cafe, 429 Main Street; Policy No. IOLT 24 -202, The Home Indemnity Co. Nicholas Peschang, 743 Central Avenue; Policy No. IOLT 24 -201, The Home Indemnity Co. Ed. Bowman, 47 West 4th Street; Policy No. O. L. & T. 432096, Con- tinental Casualty Co. Charles P. Mettel, 2417 Rhomberg Avenue; Policy No. L.O.L. 319045, New Amsterdam Cacualty Co. Mathey Chevrolet Co., 6th and Iowa Streets, 445 Iowa Street; Policy No. IAC 82 -33, Southern Surety Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. October 2, 1931. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Undersigned hereby certifies that the contract for the improving of East Fourth Street from the east curb line of Central Avenue to the Chicago, Milwaukee, St. Paul & Paci- fic Railroad Tracks and West Fourth Street from the west curb line of Central Avenue to the east curb line of Locust Street by widening the travelled portion thereof to forty -four (44) feet between curbs, Uhlrich- Paley Company, contractor, has been completed. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Council. Respectfully submitted, 1t M. EVANS, City Manager. Resolution No. 178 -31 WHEREAS, the contract for the improving of East Fourth Street from the east curb line of Central Avenue to the Chicago, Milwaukee, St. Paul & Pacific Railroad Company tracks and West Fourth Street from the west curb line of Central Avenue to the east curb line of Locust Street by widening the traveled portion thereof to forty -four (44) feet be- tween curbs. The improvement shall consist of widening the traveled por- tion of East Fourth Street from the east curb line of Central avenue to the Chicago, Milwaukee, St. Paul & Pacific Railroad Company tracks and West Fourth Street from the west curb line of Central Avenue to the east curb line of Locust Street to forty -four (44) feet between curbs, constructing combination curb and gutter, grading, constructing cement sidwalks, driveways and catch basins, rebuilding existing catch basins and furnishing concrete and Kentucky rock asphalt to repair pavement at alley intersections, has been com- pleted and the City Manager has ex- amined the work and filed his. certi- ficate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule pub- lish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. • • 1 308 Regular Session, October 5th, 1931 BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the con- tractor from the funds to be realized from the sale of Improvement Bonds issued upon the above described im- provement in amount equal to the amount of his contract, less any re- tained percentage provided for there- in. Passed, adopted and approved this 5th day of October, 1931. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. 0. 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, Schuck- ert. Nays —None. October 2, 1931. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The undersigned hereby certifies that the contract for the installing of boulevard lights on East Fourth Street from the east property line of Central Avenue to the Chicago, Mil- waukee, St. Paul & Pacific Railroad Tracks and West Fourth Street from the west property line of Central Avenue to the east property line of Locust Street, Geo. W. Kennelly Electric Company, contractor, has been completed. The lights were tested out in sep- arate circuits on the afternoon of October 2nd and were required to burn an hour or so for inspectional purposes. The entire system of lights was inspected and all burned in each particular circuit. Due to the delay of the Interstate Power Company in not having the proper transformers ready for use on this equipment, the Iowa and Fourth Boulevard Lights cannot be illumin- ated for ten days to two weeks. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Council. Respectfully submitted, R. M. EVANS, City Manager. Resolution No. 179-31 WHEREAS, the contract for the installation of boulevard lights on East Fourth Street from the east pro- perty line of Central Avenue to the Chicago, Milwaukee, St. Paul & Pa- cific Railroad Company tracks and West Fourth Street from the west property line of Central Avenue to the east property line of Locust Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule pub- lish the notice of the Council's in- tention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the con- tractor from the funds to be realized from the sale of Improvement Bonds issued upon the above described im- provement in amount equal to the amount of his contract, less any re- tained percentage provided for there- in. Passed, adopted and approved this 5th day of October, 1931. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. 0. 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, Schuck- ert. Nays —None. October 2, 1931. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council. Dubuque, Iowa. Gentlemen: The undersigned hereby certifies that the contract for the installing of Regular Session, October 5th, 1931 309 boulevard lights on Iowa Street from West Fourth Street to West 14th Street, Geo. W. Kennelly Electric Company, contractor, has been com- pleted. The lights were tested out in sep- arate circuits on the afternoon of October 2nd and were required to burn an hour or so for inspectional purposes. The entire system of lights was inspected and all burned in each particular circuit. Due to the delay of the Interstate Power Company in not having the proper transformers ready for use on this equipment, the Iowa and Fourth Boulevard Lights cannot be illumin- ated for ten days to two weeks. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Council. Respectfully submitted, R. M. EVANS, City Manager. Resolution No. 180 -31 WHEREAS, the contract for the installation of Fifty -seven (57) single light boulevard standards, including cable, switches and fibre conduit, re- laying brick and cement sidewalks where disturbed, replacing brick, as- phalt and wood block pavements where disturbed and furnishing all necessary appurtenances for a com- plete installation on Iowa Street from West Fourth Street to West Fourteenth Street has been com- pleted and the City Manager has ex- amined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and spe- cifications and recommends its accep- tance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule pub- lish the notice of the Council's in- tention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the con- tractor from the funds to be realized from the sale of Improvement Bonds issued upon the above described im- provement in amount equal to the amount of his contract, less any re- tained percentage provided for there- in. Passed, adopted and approved this 5th day of October, 1931. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. 0. 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. October 5, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The complaint of Mr. Ed. Kuehnle regarding the blocking of East Fif- teenth Street between Jackson and White has been investigated by the Chief of Police and the writer. Please be advised that after dis- cussing the question of Mr. Kuehnle, it was decided to abide by the desire of the incoming tenant in regard to this blocking procedure of Fifteenth Street even to the extent of not per- mitting the - street to be entirely blocked. Due to the small school yard on the northerly side of Fif- teenth Street, we may have to per- mit the use of the northerly half of the street from White to the alley between Jackson and White. It is felt that this matter can be worked out to the satisfaction of Mr. Kuehnle in the future Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen,. McEvoy, Schuck- ert. Nays —None. October 5, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Mr. James F. Lee this afternoon has requested, through this office, an extension of time authorized by City Council toward the completion of the Locust Street resurfacing up until November 15, 1931. Regular Session, October 5th, 1931 311 Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. John Schafers addressed the Coun- cil stating that the storm sewer on 16th Street is not large enough to carry the volume of water during heavy rains, and that the street is flooded, doing damage to property, He asks that the City remedy this situation. Councilman Andelfinger moved that this matter be referred to the City Manager. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Petition of John B. Wersinger, a World War Veteran for a permit to peddle fruit and vegetables on the streets of the City without having to procure a license for same. Councilman Schuckert moved that the petition be referred to the City Manager for investigation and if found worthy, a permit be granted. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Petition of Eugene Ryan, Mary A. Schrup, and Joseph L. McFadden asking that the City take over the private sewer on Locust Street be- tween 13th and 14th Street and make it a part of the city sewer system. Councilman McEvoy moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Petition of the Curtis Straub Com- pany, stating that they are proceed- ing to repair the storm sewer line at the Masonic Temple, and propose to hold the City of Dubuque responsible for all costs and damages resultant from the improper placing of the water service, and plugging of the storm water line. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. October 5, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In laying out the storm sewer pro- posed for Locust Street, particularly between First and Second Streets, the question has arisen as to the most logical location for this sewer. The City Engineer and the writer had determined that the present loca- tion of existing street car tracks would be the logical position for the storm sewer inasmuch as there are no gas pipes, water pipes, or other sewers at this point. We have discussed the same with the Interstate Power Company as to their share in removing the present rails and ties if the location was decided. On conference with Mr. Maddock and Mr. Smith of the Inter- state Power Company this afternoon, the Power Company officials have agreed to remove the rail on Locust Street from First to Second and to cut off the present steel ties 5 feet in the trench which will accommo- date the 30 inch pipe. The brick taken from this section, which originally belonged to the In- terstate Power Company, will be the property of the City of Dubuque and can be used for catch basin and manhole construction. Inasmuch as the City would have to provide an asphalt top over the concreted section if the sewer had settled, it is deemed fair to the Power Company that the City will assume the entire cost of this asphalt top. We are losing about 2 feet in the a sphalt construction as the pre- sent brick is 7 feet wide, whereas the sewer trench will be approxi- mately 5 feet wide, yet it is recom- mended that this agreement be ap- proved by Council inasmuch as the street car company will immediately start to work on the above mentioned conditions and that the City gains the usable brick in the 7 foot sec- tion. Yours very truly, 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, Schuck- ert. Nays —None. Resolution No. 181 -31 Whereas there is on hand in the Treasurer's Office of the City of Du- buque an inactive fund not needed for current use and which is being accumulated as a sinking fund for the retirement of general obligation bonds of said City, the interest of which is being used for the same pur- pose: ■ • • 0 310 Regular Session, October 5th, 1931 It is the writer's recommendation that this request be granted. Yours very truly, R. M. EVANS, City Manager. Councilman Andelfinger moved that the time for the completion of the resurfacing of Locust Street be extended to November 1st, 1931, pro- viding it meets with the approval of the Bonding Company. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Extention of Time The Globe Indemnity Co. of New York, N. J., surety on the bond of Jas. F. Lee Paving Co. of Dubuque, Iowa, for the performance of a cer- tain contract entered into between Jas. F. Lee Paving Co., and the City of Dubuque, dated July 7th, 1931, for improving Locust Street from the south property line of West 6th Street to the north property line of West 16th Street except the West 8th Street intersection and West Lo- cust Street from the north property line of West 16th Street to the north property line of West 17th Street and the Bluff and West Locust Streets intersection, hereby consents to an extention of time for the completion of this contract to November 15th, 1931, without prejudice to the City of Dubuque. GLOBE INDEMNITY COMPANY, By D. J. Murphy, Attorney in Fact. Dated at Dubuque, Iowa, this 5th day of October, 1931. Communication from the Garden Department of the Dubuque Wo- men's Club. Requesting that the old Shot Tower near the river front be preserved by repairing and strength- ening same, on account of its his- torical value. Councilman McEvoy moved that the communication be referred to the Council. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Councilman Schuckert moved that the rules be suspended to allow any- one present who wishes to do so, to address the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. L. J. Hall addressed the Council relative to the stopping up of the sewer on Nevada Street, claiming that this condition did considerable damage to his property, and he was compelled to engage a plumber to relieve the situation, which cost him $37.62 and he hereby asks that the City pay at least one half of this bill. .Councilman McEvoy moved that the matter be referred to the City Manager for investigation. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Paul Mathis of the Pam Oil Co., addressed the Council objecting to the Ordinance, prohibiting the sell- ing of gasoline on the streets of the City from trucks. He was informed that when the Ordinance was passed it was approved by the oil compan- ies, and that it eliminates a fire hazard. No further, action was taken. A delegation from the Dubuque Trades and Labor Congress appeared before the Council, and several of their members addressed the Council objecting to the cut of wages for laborers on city work from 50 cents per hour to 40 cents, and hoped that the Council would put the wage back to 50 cents per hour. Spokesmen for the Organization were Frank Hying, Art Wolff, Geo. Hendricks, John Quinn - and Mr. Freeman. Mayor Meuser explained that the Council had approximately $16,000 available for work which was taken from other funds, and after considerable debate on the subject the Council came to the conclusion that by making the wage at 40 cents an hour. it would give employment to more men, there- fore the wage was made at this fig- ure. Councilman Schuckert also ex- plained the situation. Councilman Jansen moved that the matter be referred to the Council for consideration. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Arnold Thompson addressed the Council and complained about the sewer at West 3rd Street and Glen Oak Street stating that the sewer does not carry off the water during heavy rains, and leaves a lot of dirt and debris in front of his place after each storm. Councilman Schuckert moved that the natter be referred to the City Manager and Engineer. Seconded ml 'Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen A 312 Regular Session, October 5th, 1931 NOW THEREFORE: Be It Resolv- ed by the City Council of the City of Dubuque: That the Treasurer be and he is hereby directed to invest at least Twenty Thousand Dollars, ($20,000) of said fund in municipal bonds of the City of Dubuque and deposit said bonds to the credit of said sinking fund from which said funds have been withdrawn. Passed, adopted and approved this 5th day of October, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attent: 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, Schuck- ert. Nays —None. Report of the City Solicitor, on the petition of Mathilda Thielen for can- cellation of the 1930 tax on West 1 /Z of lot 38 Cox's Add., recommend- ing that the tax be suspended. Councilman Andelfinger moved that the tax be suspended 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, Schuck- ert. Nays —None. The City Manager reported that he had received bids for Cement and Gravel for use in the construction of sewer in Hawthorne St. and re- commends that the contract be awarded to the Molo Sand and Gravel Co., they being low bidder. Councilman Andelfinger moved that the recommendation of the City Manager be approved. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. The City Manager also quoted prices on cast iron man -hole covers, the matter was referred to the Man- ager; no motion. He also reported that the Light standards on Main Street ought to be painted, this was also left to the Manager; no motion. Councilman Andelfinger moved that members of the City Council who wish to do so, and the City Manager and City Solicitor be auth- orized to attend the annual conven- tion of the Mississippi Valley Asso- ciation to be held at St. Louis, Nov- ember 23rd and 24th, 1931. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. 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, Schuck- ert. Nays —None. JOHN STUBER, City Clerk. Approved Adopted 1931. Councilmen Attest: City Clerk. Adjourned Session, October 12, 1931 313 CITY COUNCIL the issue of $65,000 Refunding Bonds of the City of Dubuque, Iowa." Councilman Schuckert moved that said resolution be filed with the City Clerk for public inspection. Seconded by Councilman Andelfinger, after due consideration the Mayor put the question and the roll being called, on the motion the following voted: Aye —Wm. H. Meuser, Mayor; Councilmen Andelfinger, Jansen, Mc- Evoy, Schuckert. Nays —None. On motion and vote,. the meeting adjourned. (Official) Adjourned session of the Council held October 12th, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Notice and call of meeting of the City Council of the City o1 Dubuque. To M. B. Andelfinger, Councilman: You are hereby notified and there is hereby called an adjourned meet- ing of the City Council of the City of Dubuque to be held at the Coun- cil Chamber in the City Hall on Mon- day October 12th, 1931, at 7:30 o'clock p. m. At this meeting there will be conducted a hearing upon any petition of tax payers objecting to the proposed action of the City Council to institute proceedings and take action for the issuance of Sixty - five Thousand ($65,000) Dollars. Re- funding Bonds of said City. In the event that no objections are filed to the said proposed action then there will be introduced at said meet- ing and considered by the Council a Resolution entotled. Resolution providing for the issue of $65,000 Refunding Bonds of the City of Dubuque, Iowa. Such other business will be introduced at said meeting as may properly come be- fore a regular meeting of said Coun- cil. Dated at Dubuque, Iowa, this 10th day of October, 1931. WM. H. MEUSER, GEO. O. JANSEN, Councilmen. The City Council of the City of Dubuque, Iowa, met in adjourned session at the City Hall at 7:30 p. m. The meeting was called to order and there were present: Wm. H. Meuser, Mayor, in the chair and the follow- ing named Councilmen, M. B. Andel- finger, Geo. O. Jansen, Ed. McEvoy, H. F. Schuckert. Absent —None. The City Clerk presented a publish- er's affidavit of publication of notice of meeting for the issuance of $65,000 Refunding bonds, and the City Coun- cil found therefrom that notice of the time and place of this meeting and the intention to take action for the issuance of said bonds had, accord- ing to law and as directed by the City .Council, been duly given by publication on the 29th day of Sep- tember, 1931, in the Telegraph - Herald and Times - Journal, a news- paper of general circulation within said City, and that no petition set- ting forth objections to said proposed action has been filed. Councilman Schuckert introduced and caused to be read a resolution entitled "Resolution providing for John Stuber, City Clerk. Resolution No. 182 -31 Resolution providing for the issue of $65,000 Refunding Bonds. of the City of Dubuque, Iowa, approved and placed on file for one week for pub- lic inspection. Petition of Mathilda Browne, widow of James Browne, stating that Mr. Browne paid $50.00 for a license to operate a pop -corn wagon on the corner of 9th and Main Streets. Mr. Browne died in September and his son continued the business, thinking it was all right to continue on his father's license. That he was ordered to discontinue the business at this stand, which he was operating for his mother. Mrs. Browne therefore asks that the City refund her $25.00 which is one -half of the license for this year. Councilman McEvoy 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, Schuck- ert. Nays —None. Certificate of the ,City Manager submitting reports of the City Audi- tor, City Treasurer, City Water- works, Recreational Director, List of Claims, Payrolls and Report of the Health Department for the month of September, 1931. Councilman Jansen moved that the reports be approved and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. City Council preceedings for the month of August, 1931, presented for approval. Councilman Schuckert moved that they be approved as printed and placed on file. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Adjourned Session October 12, 1931 Vitrified tile sanitary sewer man- holes and Y Branches in Klingenberg Terrace from the manhole in Kleine Street, westerly to Rosaline Street, and southerly in Rosaline Street to the north line of lots 11 and 15 C. A. V oelker's Addition, 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 improvements 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 thereof and in proportion to the special bene- fits conferred, and any deficiency will be paid out of the general im- provement, 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 anticipa- tion of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is here- by ordered 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 December, 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 12th day of October, 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, Schuck- ert. Nays —None. 315 October 10, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the regular monthly meeting of the Planning and Zoning Commission held Tuesday, October 6, 1931, the following motions were passed: "It was moved by Mr. Bissell and seconded by Mr. Waller that the Planning and Zoning Commission ap- prove the petition of property own- ers requesting that the alley between Rosaline and Paul Streets from Lowell Street to Klingenberg Ter- race be vacated, said petition having been referred to the Commission by the Council at a meeting held August 31, 1931. Motion carried." * * "It was moved by Mr. Welch and seconded by Mr. Smith that the Plan- ning and Zoning Commission approve the proposition of Mr. J. Ris whereby he offers to exchange with the City a 25 foot strip of Brunswick Street owned by him for the vacation of an alley from Brunswick Street to Pin - ard Street, which matter was referr- ed to the Commission by the Council at a meeting held September 21, 1931. Motion carried." Respectfully submitted, PLANNING AND ZONING COM., R. V. McKay, Sec. Councilman Jansen moved that the report be approved and made a mat- ter of record, and that part of the report relative to vacating the Alley, from Brunswick Street to Pinard be referred to the City Solicitor to pre- pare the necessary documents. Sec- onded by Councilman McEvoy, Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. October 12, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies and bonds covering signs and desire to have your approval on same for filing: Charles Newkirk, 4th & Locust Streets; Policy No. 165481, Employ- ers Mutual Casualty Co. Carl F. Hartman, 872 Main Street; Policy N. O.L. &T. 432099, Continental Casualty Co. Byrne Brothers Company, 9th & Iowa Streets; Policy No. 7764, Amer- ican Automobile Ins. Co. Tri -State Motor Co., 880 Iowa St.; Public Indemnity Co. Central Battery & Electric Co., 393- 314 Adjourned Session, October 12, 1931 Nays —None. Notice of claim, of Evelyn Pelzer in the sum of $$3,000 filed by her Attorneys, Crissman, Linville & Bleakley. In account of injuries sustained on or about August 7th, 1931, at the north end of Algona Street while riding as a guest of Jack Redmond in his car, which he drove into an unlighted and unpro- tected ravine. Councilman Andelfinger moved that the petition be referred to the City Solicitor. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Notice of Claim of the adminis- tratrix of the Estate of Ambrose H. Ament, deceased, in the sum of $20,000 filed by her Attorneys, Crissman Linville & Bleakley, for loss of services to the Estate of said Ambrose H. Ament, resulting from fatal injuries suffered by him from which he expired. Said injuries were inflicted about August 7th, 1931, at the north end of Algona Street, at night, while riding in an automobile as a guest. The car was driven by Jack Redmond, owner of the car, into an unlighted and unprotected ravine. Councilman Andelfinger moved that the petition be referred to the City Solicitor. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Petition of Mr. and Mrs. Lawrence and Mary Gneier, referred to the Council by the Board of Supervisors, relative to having the 1930 tax can- celled on lot 2 of 2 of Cleminson's Add. 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, Schuck- ert. Nays —None. Resolution No. 183 -31 WHEREAS, proposed plans and specifications and form of contract for the construction of a six inch Vitrified tile sanitary sewer in Kling - enberg Terrace from the manhole in Kleine Street westerly to Rosaline Street, and southerly in Rosaline Street to the north line of lots 11 and 15 C. A. Voelker's Addition, esti- mated cost $1276.00, have been ap- proved 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 hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time be- ing this 5th day of October, 1931; and WHEREAS, the City Council met in Special session this 12th day of October, 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 considering any and all objections which have been filed to the proposed plans, spe- cifications 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 been filed have been duly weighed and considered; now, there- fore BE IT RESOLVED by the City Council 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, spe- cifications and form of contract here- tofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all ob- jections which have been filed to the plans, specifications and form of con- tract for or costs of said improve- ment be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 12th day of October, 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, Schuck- ert. Nays —None. Resolution No. 184-31 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 169 -31 which was duly passed by this Council, for the construction of a six (6) inch Special Session, October 19th, 1931 317 GITY 000NOIL (Official) Special session, October 19th, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 7:40 P. M. Mayor Meuser read the following call and stated that service thereof had been duly made. Notice and call of Special Meet- ing of the City Council of the City of Dubuque. Mr. 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 P. M. on October 19th, 1931. At this meeting there will be considered for adoption a Resolution, entitled, "Resolution providing for the issue of $65,000 Refunding Bonds of the City of Dubuque ", which resolution has been on file in the office of the City Clerk since October 12th, 1931. At this meeting there will also be transacted such other business as may properly come before a regular meeting of said Council. This date has also been fixed for considering bids for the improvement of West 12th Street from Locust Street to Bluff Street and for the improvement of the Alley 1st west of North Booth Street from Langworthy Ave. to West 3rd. Street. A Resolution being Resolution No. 182 -31 providing for the issue of $65,000 Refunding Bonds of the City of Dubuque, Iowa, having been ap- proved and on file in the office of the City Clerk since October 12th, 1931, for public inspection, was presented for final reading and adoption. Councilman Schuckert moved the adoption of the Resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Resolution No. 182-31 RESOLUTION providing for the issue of $65,000 Refunding Bonds of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, in the County of Dubuque and State of Iowa, has outstanding an indebted- ness evidenced by Dock Bonds dated May 1, 1928, in the amount of $65,000, which bonds become due in numer- ical order, $5,000 on November 1 of each of the years 1935 to 1947 inclu- sive, but are now redeemable and are to be surrendered as of Novem- ber 1, 1931; and WHEREAS, it is necessary and for the best interests of said City that Refunding Bonds in the amount of $65,000 be issued under date of November 1, 1931, for the purpose of refunding a like amount of said outstanding Dock Bonds: NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, as follows: Section 1. That there are hereby authorized to be issued sixty -five negotiable coupon bonds of the City of Dubuque in the aggregate prin- cipal amount of Sixty -five Thousand Dollars ($65,000), each of which shall be designated as a "Refunding Bond," for the purpose of refunding a like amount of the outstanding Dock Bonds of said City referred to in the preamble hereof. Section 2. That said Refunding Bonds be numbered from 1 to 65, both numbers included, be of the denomination of $1,000 each, be dated November 1, 1931, and become due and payable in numerical order, $5,000 on November 1 of each of the years 1935 to 1947 inclusive. That such bonds bear interest at the rate of four per cent (4 %) per annum, payable semi - annually on the first days of May and November in each year. That interest on said bonds be evidenced by proper cou- pons attached to each of said bonds, and that both principal and interest be payable at the office of the City Treasurer, Dubuque, Iowa. Section 3. That upon presentation at the office of the City Treasurer of said City of Dubuque, of any of said bonds, same may be registered as to principal, in the name of the owner, on the books of the Treasurer, such registration to be noted on the re- verse side of the bonds by the Treasurer, and thereafter the prin- cipal of such registered bonds shall be payable only to the registered holder, his legal representatives or assigns. Such registered bonds shall be transferable to another registered holder, or back to bearer, only upon presentation to the City Treasurer with a legal assignment duly acknowledged or approved. Registration of any of such bonds shall not affect the negotiability of the coupons thereto attached, but such coupons shall be transferable by delivery merely. Section 4. That such bonds and coupons be in substantially the fol- lowing forms: (Form of Bond) UNITED STATES OF AMERICA STATE OF COUNTY OF IOWA DUBUQUE CITY OF DUBUQUE REFUNDING BOND No. 316 Adjourned Session, October 12, 1931 395 Main Street; Public Indemnity Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert 'moved that the bonds be approved and placed on file. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. Petition of Helen Meehan referred to the Council by the Board of Sup- ervisors, relative to having the 1930 tax suspended on north 25 feet of City lot 553 and South 50 feet of City lot 553. 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, Schuck- ert. Nays —None. Assignment October 10th, 1931. For value received I hereby sell, transfer and assign to the Federal Bank and Trust Company of Du- buque, Iowa, all my right, title and interest to all money due me from the City of Dubuque, growing out of contract work done for said City, installing Boulevard Lights on East and West Fourth (4th) Street from the C. M. St. P. & P. railroad tracks to the East property line of Locust Street, and on Iowa Street from West Fourth (4th) Street to West Fourteenth (14th) Street. And I certify that there are no prior claims or assignments of any kind standing against this contract or the money due thereon. And I further agree to notify the City of Dubuque of this assignment and direct them to honor same and make all payments on above contracts to the Federal Bank and Trust Company. Geo. W. Kennelly Electric Co., By Geo. W. Kennelly. Councilman Schuckert moved that the assignment be received and filed for record. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schuck- ert. Nays —None. 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, Jansen, McEvoy, Schuck- ert. Nays —None. JOHN STUBER, City Clerk. Adopted..... _._...._ ...... .........._....._...._....1931. Approved .... _...._.... _...._...._........._.....1931. Councilmen: Attest: City Clerk. 318 Special Session, October 19th, 1931 KNOW ALL MEN BY THESE PRESENTS; That the City of Du- buque, in the County of Dubuque and State of Iowa, for value received, promises to pay to bearer, or if this bond be registered as to principal, to the registered holder hereof, the sum of One Thousand Dollars ($1;000), on the first day of Novem- ber, 19..., and to pay interest on said sum from date hereof until paid, at the rate of four per cent (4%) per annum, payable semi- annually on the first days of May and November in each year, on presentation and surrender of the interest coupons hereto attached; both principal and interest payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is issued by the City of Dubuque for purpose of refunding a like amount of legal, valid and bind- ing indebtedness of said City, evi- denced by bonds, pursuant to the provisions of Section 6252 et seq. of Chapter 320 and other pertinent pro- visions of the Code of Iowa, 1927, as amended, and in conformity to a resolution of the Council of said City duly passed and approved on , 1931. And it is hereby certified and re- cited that all acts, conditions and things required by the laws and the constitution of the State of Iowa to be done precedent to and in the issue of this bond and precedent to and in the incurring of the indebtedness hereby refunded, have been properly done, happened and been performed in regular and due form and time as required by law; that the faith, credit, resources and all the taxable property in said City are irrevocable pledged for the prompt payment of the principal and interest hereof as the same become due; and that the total indebtedness of said City, in eluding this bond does not now, and did not at the time of incurring the indebtedness hereby refunded, in- cluding said indebtdness, exceed any constitutional or statutory provisions or limitations of indebtedness, taxa- tion or otherwise. This bond shall pass by delivery unless it has been registered in the name of the owner on the books of the City Treasurer of said City, and such registration endorsed hereon. Thereafter no transfer of this bond shall be valid except when made on said books and similarly noted here- on, unless the last registration shall have been to bearer, in which case transferability by delivery shall be restored. Registration of this bond, however, shall not affect the trans- ferability by delivery only of the cou- pons hereto attached. IN TESTIMONY WHEREOF, the said City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City attached, and the coupons hereto at- tached to be signed by the fac- simile signatures of said officials, and said officials do hereby adopt as and for their own proper signatures, their respective facsimile signatures appearing on said coupons, this first day of November, 1931. Mayor of the City of Dubuque. Attest: Clerk of the City of Dubuque. (Form of Coupon) No ... $ The Treasurer of the City of Du- buque, Dubuque County, Iowa, will pay to bearer Dollars ($ ) on the first day of 19..., at the office o fthe City Trea- surer, Dubuque, Iowa, for interest due that day on the Refunding Bond of said City, dated November 1, 1931, No. Mayor of the City of Dubuque. Attest: Clerk of the City of Dubuque. On the back of each bond there shall be printed the certificate of the City Treasurer in the following form: The issuance of this bond has been duly and properly registered in my office as of the first day of Novem- ber, 1931. Treasurer of the City of Dubuque. Section 5. That on the back of each bond there shall be printed pro- visions for registration as to princi pal in substantially the following form: Date of Signature of Regis- Registered City tration Owner Treasurer Section 6. That such bonds shall be signed by the Mayor and attested by the City Clerk, with the seal of the City affixed, and interest cou- pons attached thereto shall be exe- cuted by said Mayor and City Clerk by their respective facsimile signa- tures, and said officials shall, by the execution of said bonds, adopt as Special Session, October 19th, 1931 319 and for their own proper signatures their respective facsimile signatures appearing on such coupons. When and as executed, said bonds shall be delivered to the City Treasurer to be by him duly registered as to issuance as provided by law, and said Trea- surer shall sign the certificate here - inbefore set out in Section 4 and endorsed upon the back of each of said bonds and deliver said bonds in exchange for a like principal amount of the bonds to be refunded and re- tired, and said Dock Bonds shall be canceled and retired simultaneously with the issuance of said Refunding Bonds, it being the intention not to increase the indebtedness of said City at any time by the issuance of said Refunding Bonds. Section 7. That pursuant to the provisions of Chapter 63 -B1 and Sec- tion 6211 of the Code of Iowa, the City Council of the City of Dubuque hereby provides for the levy and col- lection of a tax upon all the taxable property in said City for each year in amounts sufficient to pay the inter- est on said bonds as the same be- comes due and to pay the principle thereof as the same will become due, and said City hereby obligates itself to take all action in this respect as may be necessary. For the purpose of making further provisions for the assessment of the annual levy of taxes upon all the taxable property in said City to pay the principal and interest of said bonds, it is hereby determined and ordered that the said annual levy shall be the following sums in the following years respectively: In the year 1931 the sum of $2600 for interest, and all action heretofore taken in that connection by inclusion in the regular 1931 levy is hereby ratified and confirmed; In each of the years 1932 and 1933 the sum of $2600 for interest; In the year 1934 the sum of $7600 for principal and interest; In the year 1935 the sum of $7400 for principal and interest; In the year 1936 the sum of $7200 for principal and interest; In the year 1937 the sum of $7000 for principal and interest; In the year 1938 the sum of $6300 for principal and interest; In the year 1939 the sum of $6600 for principal and interest; In the year 1940 the sum of $6400 for principal and interest; In the year 1941 the sum of $6200 for principal and interest; In the year 1942 the sum of $6000 for principal and interest; In the year 1943 the sum of $5800 for principal and interest; In the year 1944 the sum of $5600 for principal and interest; In the year 1945 the sum of $5400 for principal and interest; In the year 1946 the sum of $5200 for principal and interest. Said tax shall be in addition to all other taxes of said City and when collected shall be converted into a special fund to be used only for the purpose of paying the principal and interest as aforesaid. The interest and principal coming due at any time when there are in- sufficient funds on hand to pay the same from funds derived from the tax as hereinbefore provided shall be promptly paid when due from any current funds of said City available for that purpose, in advancement of the collection of such tax, and when such tax shall have been collected, reimbursement shall be made in the amounts thus advanced. Section 8. That a certified copy of this resolution be filed with the County Auditor of Dubuque County, and that as required by Section 1179 - b2 of the Code of Iowa as amended, said Auditor be and he is hereby authorized and instructed in each of the years 1931 to 1946 inclusive to enter said tax so as to produce the amounts as aforesaid in each of the years 1932 to 1947 inclusive, respec- tively. Section 9. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed, and this resolution shall become effective forthwith upon its passage. Passed and approved Oct. 12th, 1931, and placed on file for public inspection. Adopted Oct. 19th, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Adopted, Oct. 19, 1931. Recorded Oct. 20, 1931. JOHN STUBER, City Clerk. Proof of publication certified to by the publisher of the notice to con- tractors of receipt of proposals 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 Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. Lt Special Session, October 19th, 1931 321 D steel and paving said alley with a concrete pavement six (6) inches thick and sixteen (16) feet wide, to the Uhlrich -Paley Co.. approved and placed on file. Councilman Schuckert moved that the awarding of the contract to Uhl- rich -Paley ,Co., be approved and placed on file for one week for pub- lic inspection. Seconded by Coun- cilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Proof of publication certified to by the publisher of the publication of the list of,claims for which warrants were drawn during the month of Sep- tember 1931, 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 Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. Report of the City Manager on the petition of John B. Wersinger for permit to peddle fruit and vegetables on the streets of the City without procuring a license therefor, being a World War Veteran. On recom- mendation of the Manager the per- mit was granted. Councilman Schuckert moved that the prayer of 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. Recommendation of the City Man- ager that a 250 C. P. light be in- stalled at the West end of Perry Street. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of Mollie Blum referred to the Council by the Board of Sup- ervisors relative to .having the 1930 tax cancelled on lot 1 of 354 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 Jansen, McEvoy Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of Lyda Lyons, referred to the Council by the Board of Super- visors relative to having the 1930 tax cancelled on lots 14 and 15 of lot 1 Randall's Sub. 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. Petition of Ada Nathan referred to the Council by the Board of Sup- ervisors relative to having the 1930 tax suspended on the S '/s of lot 829 A. McDaniel's Sub. 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. October 14, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: There are two drainage conditions on West 32nd Street, one at approxi- mately 7 -10 of a mile west from Cen- tral Avenue and the other about 9 -10 of a mile west of C Avenue which should be corrected by storm sewers. The first case mentioned is in front of property owned by Mr. Adam Stoltz at 1090 West 32nd Street. The wash from the ravine coming down from the north side of the street is damaging a bridge across the Bee Branch open channel. The solution to this wash would be the installation of a 24 inch pipe starting near the north edge of 32nd Street, running underneath the entire width of the street and about 10 feet to the edge of the open channel —in all about 60 feet. Mr. Stoltz has agreed to give us right -of -way for the 10 feet across his property. This proposed sewer would not only eli- minate the trouble which is damag- ing Mr. Stoltz's bridge, but would also remove the mud and water from a low place on 32nd Street which is impossible to , drain at this parti- cular time. Yours truly, R. M. EVANS, City Manager. Councilman McEvoy moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schuckert. Carried by the following vote: 320 Special Session, October 19th, 1931 October 16, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instruc- tions and our advertisement, bids were received at 10:00 a. m. Friday, October 16, 1931, for the widening of West Twelfth Street from the west property line of Locust Street to the east property line of Bluff Street. I am attaching hereto a tabulation sheet showing the unit prices and total prices bid and respectfully re- commend that the contract for the widening of said street be awarded to the James F. Lee Paving Company as their bid was the lowest one re- ceived. Respectfully submitted, R. M. EVANS, City Manager. Tabulations of Street Proposals for the widening of West Twelfth Street from the west property line of Locust Street to the east property line of Bluff Street. Proposals opened 10:00 a. M. Oct. 16th, 1931. James F. Lee Paving Company: Earth excavation, 48 Cu. Yds., .50; Concrete sidewalks, 100 Sq. Ft., .13; 326 Lin. Ft. 7 ft. Section Combina- tion Curb and Gutter, 1.15; 18 Lin. Ft. 7 ft. Section Radius Curb and Gutter, 1.25. Total bid, 434.40. Uhlrich -Paley Co.; Earth excava- tion, 48 Cu. Yds., .74; Concrete side- walks, 100 Sq. Ft., .14; 326 Lin. Ft. 7 ft. Section Combination Curb and Gutter, 1.14; 18 Lin. Ft., 7 ft. Section Radius Curb and Gutter, 1.19. Total bid, $442.58. City Engineer's Estimate, $530.00. Resolution No. 185-31 Awarding the contract for the wid- ening 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' 66 ") on each side, by re- moving 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 Locust Street to the east property line of Bluff Street to the James F. Lee Paving Co., approved. Councilman Schuckert moved that the awarding of the contract be ap- proved and placed on file for one week for public inspection. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilman Jansen, McEvoy, Schuckert. Nays —None. Absent— Councilman Andelfinger. Proof of publication certified to by the publisher, of the notice to con- tractors of receipt of proposals for the improvement 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, presented and read. Councilman McEvoy moved that the proof of publication be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. October 16, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instruc- tions and our advertisement, bids were received at 10:00 a. m. Friday, October 16, 1931, 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. I am attaching hereto a tabulation sheet showing the unit prices and total prices bid and respectfully re- commend that the contract for the paving of said alley be awarded to the Uhlrich -Paley Company as their bid was the lowest one received. Respectfully submitted, R. M. EVANS, City Manager. Tabulations of Street Proposals for the improvement 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. Proposals opened 10:00 a. m. Oct. 16, 1931. Uhlrich -Paley Co.: Excavation of Old Macadam and Gravel, 75 Cu. Yds., $1.00; 500 Lbs. Steel, Class D, $.025; 640 Sq. Yds. 6 inch .Concrete, $1.18. Total bid, $842.70. James F. Lee Paving Co.: Excava- tion of Old Macadam and Gravel, 75 Cu. Yds., $.50; 500 Lbs. Steel, Class D., $.035; 640 Sq. Yds. 6 inch Con- crete, $1.25. Total bid, $855.00. James Saul & Son.: Excavation of Old Macadam and Gravel, 75 Cu. Yds., $.60; 500 Lbs. Steel, Class D., $.04; 640 Sq. Yds. 6 inch Concrete, $1.25. Total bid, $865.00. City Engineer's Estimate, $889.00 Resolution No. 186 -31 Awarding contract for the improv- ing of the alley first west of North Booth Street from the north proper- ty line of Langworthy Street to the south property line of West Third Street, by grading said alley to the proper sub - grade, furnishing Class 1 322 Special Session, October 19th, 1931 Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of property owners in the vicinity of Wood Street and Julien Avenue, asking that a street light be installed at this intersection. Signed by W. J. O'Brien, Geo. Es- linger, Ed. Oberfoehl, et al (16 sign- ers). Councilman Schuckert moved that the petition be referred to the City Manager with power. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Petition of Wm. Robinson for re- fund of $5.00 paid by him for a building permit. He states that the building was not constructed. Councilman McEvoy moved that the prayer of the petition be granted. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Absent — Councilman Andelfinger. Councilman Andelfinger entered and took his seat at 8:00 o'clock p. m. Communication from A. A. Coyle Advising that the Council consider carefully the Contract which it is about to enter into with the Kinawha Mississippi Coal Company of West Virginia, for the Coal Terminal which is now being considered by the Council. Councilman Jansen moved that the communication be referred to the Council for consideration. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Report of the City Milk Inspector for the month of October, 1931, pre- sented for approval. Councilman Jansen moved that the report be approved and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. October 19, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and poli- cies and desire to have your approval on same for filing: SIGNS E. L. Scheppele, 1420 Central Ave- nue; Policy No. G. L. X. I. 401764, Globe Indemnity Co. L. F. Rolling, 255 W. 8th Street; Policy No. L.O.L. 319099, New Am- sterdam Casualty Co. EXCAVATION Ray Powers Plumbing & Heating, 824 Cleveland Avenue; Public In- demnity Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. October 19, 1931. To the Honorable Mayor and City . Council, Dubuque, Iowa. Gentlemen: In connection with the proposed storm sewer as recommended to be constructed in the report submitted to the Council September 11th from Fremont Avenue toward the west along lot lines between 7 and 3 and also 11 and 12 towards Stetmore Street, please be advised that we have found it impossible thus far to secure right -of -way across land owned by Mr. E. C. Peaslee. In further studying this drainage system, it is recommended that the original scheme be abandoned; that a sewer be constructed in the park- ing on the west side of Fremont Ave- nue from the present catch basin discharge at a low place in the street southwardly to St. Joseph Street a distance of approximately 200 feet and that, instead of running down through private property toward Stetmore Street, that a sewer be provided on St. Joseph Street for approximately the same distance, which would carry it below the pre- sent houses on St. Joseph Street and would snake it available for the ,City in the future to construct catch basins on St. Joseph Street. We ask your authority for the change as above enumerated. Yours very truly, R. M. EVANS, City Manager. Councilman Jansen moved that the Communication be referred to the Council to view the grounds. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Special Session, October 19th, 1931 323 October 19, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the authoriza- tion to proceed with work on storm sewer relief at Pierce Street south from West Locust Street, please be advised that the pipe is actually laid in nearly this entire original pro- posal. In other words, the pipe is laid from a stub off Locust Street along the west side of Pierce Street up to the property of Mr. McInerney and will, in a day or so, connect with the present pipe through Mr. Mc- Inerney's yard. Mr. W. J. Huber and other proper- ty owners along Pierce Street above the actual authorized sewer con- struction make request that the Pierce Street sewer be extended from the McInerney property up the. hill in a southwestwardly direction to or near Angella Street. This addi- tional construction would take ap- proximately 300 feet of 24 inch sewer pipe, costing about $750.00. This matter is called to Council's attention for immediate decision in order that the work can be extended without removing tools and equip- ment from this street. Yours very truly, R. M. EVANS, City Manager. Councilman Jansen moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. October 17, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The case of Mr. L. J. Hall of 115 Nevada Street concerning his request that the City stand 50% of a bill amounting to $37.62 for certain sewer repairs at the junction of his lateral and the main sewer on Nevada Street has been inevstigated and please be advised as follows. Mr. Hall's contention is that the City is responsible for the fact that his men discovered a broken bell on the joint just below his Y. Mr. Hall claims that the roots grew from the tree across the street from his home through this broken bell and entered the main sewer and eventu- ally into his sewer lateral which was upstream in the direction of the flow of sewage. Our sewer men claim that roots do not grow up- stream; that the force of sewage in all cases causes the thin roots to be washed downstream and roots usu- ally find crevices below the opening. It would seem that the City is responsible for the main sewer and records at the City Hall do not ad- vise upon what authority the Y branch was installed in an improper manner. We believe that the owner is responsible for his lateral and since no serious trouble was found in the main sewer, we cannot see why the City should stand 50% of the cost of repairing the sewer. Yours very truly, R. M. EVANS, • ,City Manager. Councilman Andelfinger moved that the recommendation of the City Manager be approved and the bill be not allowed. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. October 19, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In September trouble arose at the sewer pump on Gilliam Street which was caused, we believe, by the cast iron sewage discharge pipe coming loose at the connection at a flange through the wall of said tank from the line leading to the free discharge near Grace and Algona Streets. Messrs. Uhlrich and Paley, the con- tractors on this work, were imme- diately notified and they advised that inasmuch as they had no skilled mechanics at hand, that the City take charge of the work and correct the same and charge any costs en- countered thereunder to the Uhlrich - Paley Company. At the same time the Fairbanks - Morse people were notified in Beloit, Wisconsin. They sent a man here who. diagnosed the trouble in that the design of the apparatus did not include a bead from the sewage pipe at the flange to prevent the same from pulling loose as did occur after the lead had been packed around the joint. The purpose of this letter is to advise that repairs to the two motors that were flooded by sewerage were made by the Orne Electric Company of this City. The total cost for this service was $169.15. Today Mr. Orne presented his request to the City that inasmuch as the Uhlrich -Paley Company had not paid the bill for $169.15 and that Mr. Uhlrich advised that they were waiting to her from Fairbanks -Morse in this connection, that the City pay this blil and charge 324 Special Session, October 19th, 1931 the amount to the contractors, Uhl- rich- Paley. Telephone verification from Mr. Frank Uhlrich disclosed the fact that the City pay this cost and charge his company until such time as adjustment was secured from Beloit. Accordingly, on advice of City Solicitor, Mr. Orne was paid a check for $169.15 today and Uhlrich - Paley Company was charged for the same amount. We attach herewith a copy of a letter from Mr. Orne to the City in which he assigns his service, upon receipt of the cost of the samb, to the City of Dubuque. This matter is brought to your at- tention for matter of information. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the Communication be received and filed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Petition of Mullen Bros & Co., re- questing permission to install in the basements of the following named persons, two 250 gallon basement oil storage tanks to be used in conjunc- tion with oil burner installations: Walter Koerner, 93 Nevada St.; Daniel Hall, 1087 Melrose Terrace; Hardie Printing Co., 544 Locust St.; Leik's Drug Store, 501 Rhomberg Ave. Councilman McEvoy moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Councilman Schuckert moved that all action and resolutions pertaining to the Sanitary sewer in the side- walk space on Kaufman Avenue, be rescinded. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Petition of the Central West Cas- ualty Co., asking that the bond of Thos Byrne, sidewalk contractor, be cancelled and returned. Prayer of petition granted; no motion. Councilman Schuckert moved that the rules be suspended to allow any- one present who wishes to do so, to address the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Paul Brown and Frank Uhlrich addressed the Council relative to the cancellation of the contract for the Shiras Avenue Storm Sewer. Frank Uhlrich of the Uhlrich -Paley Co., contractors, stated that his company is willing to cancel the contract for said sewer. The following Resolution was adopted. Resolution No. 187 -31 Whereas Uhlrich -Paley Company, Contractors, to whom has been awarded a contract for the con- struction of a segment block storm sewer in Shiras Avenue, Lincoln Ave- nue and the alley between Shiras Avenue and Lincoln Avenue, has con- sented to the cancellation and sur- render of said contract, and this Council deeming it advisable at this time to relieve said contractor of its obligation under said contract and to undertake the constructing of said improvement by the City of Dubuque 111 order to assist in the relief of un- employment now prevalent in said City; Be It Therefore Resolved by the City Council of the City of Dubuque that the contract heretofore entered into by and between the City of Du- buque and Uhlrich Paley Company for the construction of the storm sewer above described be and the same is hereby cancelled and an- nulled and the bond furnishel by said contractor for the performance of said contract be and the same is hereby released. Passed and adopted this 19th day of October, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, • H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Fred Leiser, President of the Dubuque Base Ball Club, stating that the baseball season was a losing proposition for him and he hereby asks that the City cancel the rent for the use of the Municipal Athletic Park, amounting to $300.00. Councilman Jansen moved that the matter be referred to the Council Special Session, October 19th, 1931 325 for consideration. Seconded by Counucilman McEvoy. 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 Joseph I. Speak, relative to constructing Sanitary Toilet and Toilet facilities. Mr. Speak pur- chased this property from John Telser and Florian Telser, under contract, being lot 2 of Bushman's Subdivision and is known as No. 664 Lowell Street. They hereby agree that the City install these Toilet Facilities and connect the property with the sewer, under provisions 5784 -5785 and 5786 of the Code of Iowa of 1927 and as- sess the cost against the property and provide for the payment there- of by special assessment in ten an- nual installments as provided by Sec- tion 5786 of the Code. We, John Telser and Florian Tel - ser, owners of the legal Title of the above property do hereby join in the foregoing petition. Signed JOHN TELSER, FLORIAN TELSER, Councilman McEvoy moved that the prayer of the petition be granted and the Clerk be and is hereby in- structed to advertise for bids. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. • Petition of Mrs. Lawrence Gneier relative to having the 1930 tax can- celled on lot 2 of 2 of Cleminson's Sub., reported on by the City Soli- citor. Councilman Jansen moved that the tax be suspended, and the Board of Supervisors be advised of the Coun- cil's action. Seconded by Council- man Schuckert. Carried by the fol- lwwing vote: Report of the City Solicitor on the petition of Mrs. Mathilda Brown, relative to having the City refund to her $25.00 of the license money paid for operating a popcorn wagon on 9th and Main Streets, claiming that they operated at this stand only about one -half of this year. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Councilman Andelfinger moved that the City Manager prepare plans and advertise for bids on pipe for Storm Sewer in Shiras Avenue, Lin- coln Avenue and alley between Shiras Avenue and Lincoln Avenue. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Contract for painting light posts was awarded to J. Juergens, he be- ing low bidder; no motion. C. E. Rhoades of the Dubuque Automobile Club presented a petition requesting that the Council estab- lish Zones for loading and unloading passenger busses. Councilman Schuckert m oved that the petition be referred to the Coun- cil for consideration and a repre- sentative of the Interstate Power Company be present when the mat- ter comes up for hearing. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Petition of the Dock Board rela- tive to the Terminal proposed to be constructed on the River Front, for the Kinawha Mississippi Coal Co., of Virginia, requesting that bonds be issued in the sum of $150,000 as needed. Reports were made by the Committee, Messrs Fawkes, Kane, Norman, Berg and Czizek, who visit- ed the Coal Fields. Councilman McEvoy moved that the petition be referred to the Plan- ning and Zoning Commission for their approval. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEVoy and Schuckert. Nays —None. There being no further business Councilman Andelfinger moved to adjourn. Seconded by Councilman McEvoy. 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. 326 Special Session, October 26th, 1931 CITY COUNCIL (Official) Special Session, October 26th, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 7:45 p. m. Present —Mayor Meuser, Council- men Andelfinger, Jansen, McEvoy, Schuckert, and City Manager Evans. Absent —None. Mayor Meuser read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of final award- ing of Contracts for the widening of West 12 Street from Locust Street to Bluff Street, to the James F. Lee Paving Co., and the improving of the Alley 1st West of North Booth Street from Langworthy Street to West 3rd Street to Uhlrich -Paley Co.; the con- tracts having been approved and on file since Oct, 19th, 1931, for public inspection, and acting on any other Business that may properly come be- fore a regular meeting of the Coun- cil. Resolution No. 185 -31 WHEREAS, proposals have been submitted by contractors for the wid- ening 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 re- moving 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 Locust Street to the east property line of Bluff Street. Estimated cost, $583.00; pursuant to Resolution No. 174 -31 and James F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing 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 James F. Lee Paving Co., and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on Oct. 19, 1931. Passed and adopted this 26th day of October, 1931. WM. H. MEUSER, Mayor. DD. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDDLFINGER, 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. 186 -31 WHEREAS, proposals have been submitted by contractors 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) inches thick and sixteen (16) feet wide. Estimated cost $977.90; pur- suant to Resolution No. 176 -31 and Uhlrich -Paley Co., contractor, has submitted the lowest bid for the fur- nishing 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 Uhlrich- Paley Co., and the Manager be and he is hereby directed to execute a contract on behalf of the City of Du- buque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on Oct. 19, 1931. Passed and adopted this 26th day of October, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded Special Session, October 26th, 1931 327 by Councilman Schuckert. .Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Petition of William Bennett re- ferred to the Council by the Board of Supervisors relative to having the 1930 tax suspended on lot 30 of Min- eral lot 39, presented and read. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Counucilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Jos. C. Pauly referred to the Council by the Board of Sup- ervisors, relative to having the 1930 tax suspended on lot 2 of 86 of Mc- Craney's Ist 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 Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Petition of Frank Hamel Jr., ask- ing permission to extend the terrace on his property at York and Curtis Streets to within 6 or 7 feet from the curb, presented and read. 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 the Lange Cleaning and Dyeing Co., asking that the City re- turn to them $15.00 for annual in- specting fee, claiming that this fee was paid twice. Councilman Jansen moved that the petition be referred to the Building Commissioner, and if the statement is correct, a warrant be drawn in favor of said Lange Cleaning and Dyeing Co., in said amount. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Petition of Ed. Muntz stating that on December 5th, 1927 he purchased tax sale certificates on lots A sub. 76 and 77 Union Add., for the improve- ment of Bryant Street. The County Treasurer refused to issue him deeds on the grounds that there are no such lots in the City, his expense in this transaction amounts to $16.09. He asks that the matter be investi- gated to see if the City Treasurer made a mistake in transferring same from the City's books to the .County's books. Councilman Schuckert moved that the petition be referred to the City Treasurer for investigation and re- port. Seconded by Councilman Andel- fanger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. October 21, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the report of the City Manager to Council of Octo- ber 19th regarding the extension of the Pierce Street storm sewer, which matter was referred to Council, Octo- ber 19th, was discussed informally at an informal meeting of .Council, October 20th and authority was giv- en to the City Engineer and City Manager to proceed from the north side of Mr. McInerney's lot across private property on the west side of Pierce Street to the present pipe crossing under Angella Street. This is brought to your attention for confirmation. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be approved and placed on file. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. October 26, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same for filing: SIGNS Orange Bowl, 1078 Main Street; U. S. Fidelity & Guarnty Co. Star Auto Exchange Co., 235 West Second Street; U. S. Fidelity & Guar- anty Co. ' 328 Special Session, October 26th, 1931 BLASTING L. M. Healey, 1610 Audubon Street; Independence Indemnity Co. Respectfully submitted, ' R. M. EVANS, City Manager. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and. Schuckert. Nays —None. October 26, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Commis- sion passed the following Resolution at a special meeting held Friday, October 23, 1931: RESOLUTION "RESOLVED that the Dubuque Planning and Zoning . Commission, considering solely the question of location of the proposed terminal of the Kanawha- Mississippi Coal Co., approves the petition referred to the Commission, which petition was pre- sented to Council by the Dubuque Dock Commission, with the provision that a clause be inserted in the con- tract stipulating that at any time that the City of Dubuque provides the Kanawha- Mississippi Coal Co., another location with equally advan- tageous facilities, the dock location may be moved to it by order of said City of Dubuque." Respectfully submitted, PLANNING AND ZONING COM., By R. V. McKAY, Secretary. Councilman Schuckert moved that the report be referred to the Coun- cil. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. October 26, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The following bids were received at the office of the City Manager at 11:00 a. m. Monday, October 26, 1931, for the furnishing of 400 lin. ft. (more or less) of 84 inch standard vitrified salt glazed clay Segment Sewer Blocks for use on the Shiras Avenue Sewer: Linehan & Molo: Unit Price, $10.50; Total Price, $4,200.00; Terms, 2% 10 days -30 days net. Dubuque Stone Product Co.: Unit Price, $_10.75; Total Price, $4,300.00; Terms, 2% 10 days. Key City Roofing Co.: Unit Price, $11.12; Total Price, $4,448.00; Terms, 2% 10 days. Midwest Lumber Co.: Unit Price, $11.42; Total Price, $4,568.00; Terms, No Discount. I respectfully recommend that the contract for the above mentioned sewer pipe be awarded to Linehan & Molo as their bid was the lowest one received. Respectfully submitted, R. M. EVANS, City Manager. Councilman Andelfinger moved that the contract be awarded to Line- han and Molo. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Petition of M. A. Hill asking per- mission to install two 200 gallon oil tanks to supply oil for oil burner in the basement of the Joseph Dreher residence at 1733 White Street. Councilman McEvoy moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas—Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Petition of the Chamber of Com- merce relative to the proposed con- struction of a Coal dock and terminal on the river front for the Kinawha, Mississippi ,Coal Co., stating that the Chamber's committee on taxation has given the matter careful study and feels that at the present time the City of Dubuque should avoid enter- ing into any contract for the con- struction of a coal terminal which might ultimately result in higher taxes to the City. In the event that it is impossible to obtain a contract and performance bond which will protect the City to the full extent of the City's investment, the Chamber recommends that the Council post- pone action on the matter of con- struction of a terminal for another year. Councilman McEvoy moved that the petition be referred to the Coun- cil for further consideration. Second - de by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Resolution No. 188 -31 Preliminary Estimate, plans and Special Session, October 26th, 1931 329 specifications, for the construction of permanent concrete sidewalks on Bennett Street, presented and read. Councilman Jansen moved the adoption of the Resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 189 -31 RESOLUTION ORDERING THE Construction of Permanent Side- walks and Directing the City Clerk to Advertise for Bids. WHEREAS, it is deemed necessary and advisable by the City Council of the City of Dubuque that perma- nent sidewalks be constructed in front of the lots and parcels of real estate herein described and general plans and specifications therefor have been duly prepared by the En- gineer and approved by the Council, the cost and expense tl=ereof to be assessed against such real estate, as provided by law; Now Therefor, Be it resolved by the City Council of the City of Dubuque that, perma- nent sidewalks be and the same are hereby ordered constructed, laid and put in place according to general plans and specifications heretofore prepared therefor in front of and abutting upon the following de- scribed real estate, namely, to wit: East 107.94 feet of North 135 feet of Lot 25 Ann O'Hares Subdivision, width of walk four feet, C. W. Pow- ers, owner; Lot 6 Davis Subdivision, width of walk four feet, John B. Conway, owner. Be it further resolved that the City Clerk be and he is hereby directed to publish a notice of the intention of the Council to construct such sidewalks in the official news- paper of said City stating therein the description of the lots or parcels of real estate before which the same are to be constructed, the names of the owners and the width thereof. Be it further resolved that said Clerk be and he is hereby directed to advertise for bids for the con- struction of such sidewalks, notice thereof to be given by two publica- tions in the official newspaper, the first of which shall be not less than 15 days before the date of receiving bids, which notice shall state the location of the proposed sidewalks, when the work shall be done, the terms of payment the time when bids will be acted upon and refer the contractor to the plans and speci- fications as to the manner of con- struction and materials to be used. Be it further resolved that the sidewalks shall he fully completed on or before the 1st. day of Decem- ber, 1931. Re it further resolved that, upon the completion of said sidewalks, the cost thereof shall be' assessed against the lots or parcels of real estate before which the same, are laid and the contractor shall be paid in sidewalk certificates in form and manner provided by law and the ordinances of the City of Dubuque. Be it further resolved that a con- tract will be awarded to the lowest bidder reserving however to the Council the right -Co reject all bids and readvertise for bids, -if necessary. Passed, adopted and approved this 26th day of October, 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 and Schuckert. Nays —None. An Ordinance No. 20 -31 An Ordinance vacating the Alley (also referred to as East 30th Street) from Pinard to Brunswick Sts. and lying between lot 1 of Subdivision of lot Eight of the Subdivision of M. Lot 322 and the north two thirds (2 -3) of lot one of the subdivision of lot 73, Glendale Addition of the City of Dubuque, and conveying said va- cated alley to Theodore F. Ris, for valuable consideration, presented and read. Councilman Schuckert moved that this be considered the first reading of Ordinance. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. NayS —None. Councilman Schuckert moved that the rules be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The Ordinance was then read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by 330 Special Session, October 26th, 1931 Councilman Andelfinger.. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. City Solicitor Czizek reported on the petition of Nettie Lyons, referred to him by the Council, and referred to the Council by the Board of Sup- ervisors, for cancellation of the 1930 tax on lot 1 of Randall's Sub lot 13 he recommended that the tax be sus- pended. Councilman Andelfinger moved that the tax be suspended 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. Report of the City Solicitor on the petition of Lyda Lyons, referred to the Council by the Board of Super- visors, and referred to the City Soli- citor by the Council, asking that the 1930 tax be cancelled on lots 14 and 15 of lot 1 of Randall's Sub.; he recommends that the tax be sus- pended. Councilman Andelfinger moved that the tax be suspended 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. Petition of Columbia College, by Rev. W. G. Kessler, Curator, asking that the City donate the old Fire Engine or cart used by the City in about 1850 for the Museum at said Columbia College, the same to be preserved for Historical purposes. Councilman McEvoy moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. 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 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mrs. Lawrence Gneier addressed the Council stating that she peti- tioned the Board of Supervisors and Council for the cancellation of her taxes and the City Council suspended the tax. She stated that her hus- band is an exservice man, out of work, and that he never got a sol- diers exemption on their taxes, and she hereby asks the Council to even up matters by cancelling the tax. Councilman McEvoy moved that the Council reconsider its action tak- en at the meeting of Oct. 19. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Councilman McEvoy moved that the action taken by the Council at that meeting be rescinded. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Councilman Andelfinger moved that the taxes on the property of Mr. and Mrs. Lawrence Gneier be cancelled for the year 1930, and the Supervisors be notified of the action. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Communication of the Recreation Commission presented and read by Syl McCauley, Recreational Director, stating that at the regular monthly meeting of the Commission, he pre- sented a tentative program for the coming winter. This program in- cludes several neighborhood ice rinks, a ski jump, and possibly a toboggan slide, for out door sports, and basket ball, dancing and horse- shoe pitching for indoors. The ice rinks tentatively planned are, Rafferty Slough, Dodge and Booth Streets Corner of Atlantic and Custer Streets, Welbes Field, and Marshall School grounds. For indoor sports such as dancing and basket- ball they ask the use of the Armory about three nights a week, and for horseshoe pitching they ask the use of the 3rd floor of the City Hall. Councilman Jansen moved that the petition be referred to the City Man- ager. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The City Manager presented a list of prices submitted by various Truck dealers in the City, as follows: Chev- rolet Truck, price $862.50; Ford Truck $887.50; Dodge Truck, $997.45; Special Session, October 26th, 1931 International Truck, $1226.45. He re- commended that the City purchase a Chevrolet Truck. Councilman Mc- Evoy moved that the recommenda- tion of the Manager be approved and that the City purchase a Chevrolet Truck. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that the City Manager be and he is here- by instructed to notify the C. G. W. R. R. Co., to permanently improve all their R. R. Crossings in the City. If not complied with within five days of notice, the work will be done by the City at the R. R. company's ex- pense. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. , Nays —None. To the City Council, City of Dubuque: For a number of months past this board has been investigating the feasibility and desirability of pro- viding a coal terminal at some point on the river front. After careful and continuous consideration and months of negotiations, we now wish to say to you that we feel that the time has Come when, in order to take advan- tage of our opportunity to further benefit from our location on the Mis- sissippi River, we should move for the establishment of said Coal Ter- minal. We have had plans drawn for the terminal to be located north of the lower high bridge and south of East Eighth Street fronting a slough through which Eighth Street runs to the river. We propose to use the land at that location deeded to the city for park purposes, and the city has had it appraised for the purpose of carry- ing out the conditions of the deed. The other land which we propose to use and which is contiguous to the park property above mentioned is under an option which expires October 29th. To the north of this property and under water are some lots over which an easement will be necessary. This easement has been promised us. It is anticipated that the pur- chase of the land, the building of the sea wall, the filling behind it, the relocation of a street, the building of a railroad track and the necessary super structure consisting of unload- ing, screening, weighing and other equipment and the necessary build- 331 ing can be constructed at this time for not more than $150,000. A contract for leasing of this ter- minal has been negotiated with offi- cials of the Kanawha - Mississippi Coal Company, a West Virginia cor- poration, which contract has been be- fore you and has been subject to dis- cussion; therefore, you are familiar with.. its provisions. In view of the above we hereby recommend the building of a Coal Terminal at the location named and request that bonds to an amount not to exceed $150,000 be issued as needed and when the said Kanawha - Mississippi Coal Company can show that it has not less than $200,000 paid into the Company as capital. Board of Dock Commissioners, By P. S. FAWKES, President. By J. A. KERPER, Secretary. An agreement made and entered into in duplicate this 26th day of September, 1931, by and between the City of Dubuque, Iowa, acting by and through its Commissioners of Pub- lic Docks, Party of the first part, and the Kanawha - Mississippi foal Com- pany of West irginia, A corporation organized and existing the laws of State of West Virginia, Party of the Second Part. Signed by Kanawha - Mississippi Coal Company of West Virginia. By N. Y. GARVEY, President, By ERNEST E. MER- RILL, Secretary, City of Dubuque, Iowa, By Commissioners of, Public Docks, By P. S. FAWKES, President, By J. A. KERPER, Secretary, By J. W. WINALL, Commissioner. Presented and read. The rules having been suspended, the following Citizens addressed the Council rela- tive to the proposed Dock Terminal. Geo P. Rose, on addressing the Council stated that he is in favor of anything that is for the good of the City. He said that the contract is practically all in favor of the Kan- awha- Mississippi Coal Company. Un- der this contract it is almost im- possible for our Industries to get Coal from any other Company. He stated that this is an organiza- tion formed in West Virginia with an authorized Capital stock of a Mil- lion Dollars, but only $60,000 has been paid in and some of this has already been spent for development purposes among themselves. This is a contract in which the City puts up 332 Special Session, October 26th, 1931 a large part of free - . ground and a coal clock which goes under the con- trol of the coal company. This com- pany wants an exclusive control of the dock facilities, virtually shutting out shippers from all other coal fields whose coal is used in Dubuque the most. If the contract was entered into with a $60,000 corporation they are not financially responsible to comply with the terms of the contract and retire $150,000 bonds in 20 years. These bonds are a direct obligation of the City of Dubuque. It would be better to insist that the coal company put up a bond to secure the City or else put up a suf- ficient amount of cash into their Treasury to insure their responsibil- ity. Or, let the City build and lease the dock on a tonnage basis. Messrs Eugene Adams of the Adams Co., and J. C. Collier of the Carr, Ryder & Adams Co., also ad- dressed the Council, coinciding with Mr. Rose. John A. Kerper of the Dock .Com- mission stated that the contract will not become effective until the Kan- awha Coal Co. has $200,000 paid in capital. He said that the reason the company hasn't any more money subscribed is because everything is predicted on the obtaining of con- tracts with the cities along the river. They have the money and the coal but no place to go, and there is no good reason why they should throw money in a pot until they know how they are fixed as to terminals. P. S. Fawkes also made a strong talk favoring the contract, as did also the City Solicitor, M. H. Czizek. Mayor Mouser stated that he un- derstands that several men of the Kanawha- Mississippi Coal Company will be in the City the latter part of this week and suggested that the Council, Dock -Board and any other citizens interested meet with them, the meeting to be called when it is definitely known when they will be here. Councilman Andelfinger moved that a meeting be called as suggested by the Mayor. Seconded by Council- man Jansen. Carried by the follow: ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Councilman Andelfinger moved to ad- journ. 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: i City Clerk. Special Session, October 30th, 1931 333 Mr. Richards, and were answered by Messrs Garvey and Merrill of the Coal Company. Messrs Garvey and Merrill both stated that their corporation has an authorized capital stock of One Mil- lion Dollars, with $60,000 paid in at the present time and that the paid in capital stock will be $200,000 by November 10th, and that the capitali- zation will be completed when the company is assured of having ter- minals along the Mississippi river. He said that the group of men that he and Mr. Merrill are associated with own coal mines, steamboats and barges and at the present time he is shipping 365,000 tons annually by water. As to a performance bond, he said that his company will not consider it as he believed the city is asking too much, inasmuch as the company is to pay for the terminal site and equipment in Dubuque in 20 years, by retiring the bonds, and the City will always own the site and equip- ment. He said that his company must also maintain the terminal and equipment and assume liability for anything that might happen while the terminal is operated. They must also move not less than 50,000 tons of coal to Dubuque every year by water. Mr. Merrill augmented Mr. Gar - vey's statements and explained the benefits that Will be derived by the City and inland waterways transpor- tation as a whole if Dubuque goes through with the terminal. City Solicitor Czick made a strong plea for the approval of the contract which he assisted the dock com- mission to draw up. He stated that the Dock Board had entered into the execution of the contract with the intention of doing something for the people of Dubuque. This contract was nothing that was conceived in a moment. He said it took a long time of investigation before it was executed. The Dock Board members believed that this contract was going to rebound to the interest of 40,000 people in Du- buque. He stated that he had heard that the contract is one sided, that the dock board and the City Solici- tor sold out the City to the Coal cor- poration. That does not sit very well. They thought they had done a fairly man's size job, and thought so concientiously. He then explained that the idea • of a performance bond was his own, but finally decided that he was argu- ing for an unreasonable thing. The only proposition involved in the whole controversy is this: Is the coming of these men to Dubuque a good thing for a community of CITY COUNOIL (Official) Special Session, October 30th, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 8:00 o'clock p. m. Present —Mayor Meuser, Council- men Andelfinger, Jansen, McEvoy, Schuckert and City Manager Evans. Mayor Meuser read the call and stated that notice thereof had been duly made and that this meeting is called for the purpose of approving the contract entered into by the Dock Commissioners of the City of Dubuque, with the Kanawha- Missis- sippi Coal Company of West Virginia for the construction of a Coal Ter- minal on the river front and authoriz- ing the issuance of Municipal bonds in the amount of $150,000 and act- ing on any other business that may properly come before the meeting. There were also present at this meeting Martin Garvey, President, and Ernest M. Merrill, Secretary, of the Kanawha- Mississippi Coal Com- pany, Members of fhe Dock Com- mission and approximately one hun- dred interested citizens., Mayor Meuser stated that this is an open meeting for discussion of the proposition of entering into a contract with the Kanawha- Missis- sippi Coal Company and the issuing of bonds in the amount of $150,000, and anyone present who wishes to do so, may speak on the subject, for or against the proposition, and asked John A. Kerper, Secretary of the Dock Commission to explain the contract which the Dock Commis- sion and the Coal Company have agreed upon, and that all persons in- terested would have an opportunity to ask questions on any points they desired to have explained. Mr. Kerper told of the negotiations the Dock Board has had with the Coal company executives over a period of several years and then ex- plained the terms of the contract. He said that there is not an item in the contract that wasn't thorough- ly discussed. Everything was thor- oughly thrashed out, and the Dock Commissioners feel that they did the best they could and have suc- ceeded. The coal terminal will bring about industrial development; will tend to reduce fuel costs for every body and is a good thing for all con- cerned. Questions relating to the financial responsibility of the Kanawha -Mis- sissippi Coal Company, performance bond, coal prices and other points in the contract were asked by J. C. Col- lier, Eugene Adams, Lowell Watkins, John Quinn, E. H. Scheppele and i 334 Special Session, October 30th, 1931 40,000? If not, cut it out; let's not Andelfinger, Jansen, McEvoy, and throw up a smoke screen on account Schuckert. . of other collateral issues. Nays —None. 4 The Chamber of Commerce has for JOHN STUBER, years demanded the city own Ham's City Clerk. = Island. Committees of the chamber Approved 1931 NI have been busy getting options on MI this property because they feel that Adopted Dubuque must have it if the City is 1931 3 to keep pace with other river cities in river development. • The Dock Board have decided to put Ham's Island in the picture. It Councilmen: { was good judgement. f He stated that through the ter- I - urinal contract Dubuque will acquire I a great part of Ham's Island, and l J will have a site on the river front — I suitable for any kind of an industry, Attest: __________________ _ all of which will be worth $100,000 City Clerk. ✓ That $35,000 will be expended for 1 labor and thus relieve the unemploy- ment situation, and Dubuque will ob- tain a new industry. He also dis- _ cussed other clauses in the contract, and in closing said we all want to see the old town shoot ahead, that Dubuque is the only city between St. Paul and St. Louis that has four railroads and our hope for our future rests in the future of the Mississippi river, if we don't help to make this _ river a real transportation line, Du- : - buque will still be a city of 40,000 — population in 50 years from now. We are not bargaining away the E N City's interests, and to him this coal terminal looks like a direct and in- direct benefit to every man woman and child in this community. Direct- ly, by the low cost of fuel, indirectly, to induce other industries to locate here. We will have river transporta- tion and fuel to offer, and if that does'nt bring them here nothing else will. He feels there is not much of a gamble in this thing. Dubuque might reasonably undertake this pro- = position. Jos. J. Ott, and H. G. Melchior, a former mayor of Dubuque also spoke in favor of the Coal terminal pro- ject. Councilman McEvoy moved that the matter be referred to the Coun- cil for further consideration. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Councilman Jansen moved to ad- journ. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen