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1930 April Council ProceedingsTotal No. of Electors Who Voted Precincts Schuckert Andresen Iiuehnle KooaquaNsId 431 Ilst ,-100 CO 0 + CO C ,-4 00 00 c- CC 01 00 -0 0 0010 010n -1 1- -1 0 CO CO * 0 COC-0 COC- 00100000 C -00000 ti I N N NN 00000 N N 1000 IV N NN 0000 F- v N CT 0-W-• 0000000 -1 N 0000 WO 00 01 01 01 00 00 0 CO 00 425 2nd .._ 563 3rd ...._ 362 4th ....._ 455 5th 463 6th 320 7th 355 8th O FJ O F+ F+ N .-1 348 9th 499 10th 326 11th 386 12th 328 13th 453 14th 358 15th 6072 Totals 13352 340212210 22171 1 4011 CITY COUNCIL (Official) Special session April 1st, 1930. Meeting called by order of Mayor Andelfinger and Councilman Jansen. Council met at 7:50 o'clock p. m. Present —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser and Schuckert. Mayor Andelfinger read the call and stated that service thereof had been made and that this meeting is called for the purpose of canvassing the vote cast at the Municipal elec- tion held March 31st, 1930, and act- ing on any other business that may come before the meeting. The vote of the election of March 31st, 1930, was then canvassed and showed the following result: VOTE CAST — MARCH 31st, 1930 Resolution No. 162 -30 Whereas the City Council of the City of Dubuque having met this day for the purpose of canvassing the vote cast at the regular Munici- pal Election held on the 31st day of March, 1930, and; Whereas said Council having can- vassed said vote finds that Edward McEvoy and Henry F. Schuckert re- ceived the greatest number of votes cast at said election for the office of councilmen, the term to commence in April, 1931; and Frank J. Piek- enbrock for the office of park com- missioner. Now, therefore, be it resolved by the City Council of the City of Du- buque, that Edward McEvoy and Henry F. Schuckert be and they are hereby declared elected to the office of Councilmen of the City of Du- buque for the term to commence in April, 1931, and Frank J. Pieken- brock to the office of park commis- sioner. Special Session, April 1st, 1930 109 Passed, adopted and approved this 1st day of April, 1930. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, and Schuckert. Nays —None. Signed: M. B. ANDELFINGER, Mayor. GEO. O. JANSEN, ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved that the rules be suspended to allow any one present who wished to do so, to address the Council. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, and Schuckert. Nays —None. C. L. Sheffield addressed the Coun- cil stating that when Plymouth St. was improved the assessment levied against lots 19 and 20 Grandview Heights Add. was $620.00, the lots are assessed for taxation at $50.00 each. The assessment as levied is exhorbitant and he hereby asks that the Council reduce the assessments. Councilman Meuser moved that the Council view the grounds. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, and Schuckert. Nays —None. Harvey Lange addressed the Coun- cil relative to J. J. Duffy's petition for the position of Police Judge, stating that Mr. Duffy is 'a lawyer, having graduated from college with high honors and that he has also had several years practice, is an ex- service man and the Veteran's Coun- cil hereby endorses him for said position. There was no action taken at this time. An Ordinance establishing 'a cen- ter line grade on Robinson Street from the West property line of Bluff Street to a point about 210 feet westerly, being profile No. 1268, pre- sented and read. Councilman Meuser moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Council- i 110 Special Session, April 1st, 1930 men Jansen, McEvoy, Meuser, Schu- ckert. Nays —None. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. The ordinance was then read a second time. Councilman Meuser moved that this be considered the second read- ing of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, Schuckert. Nays —None. Councilman Meuser moved that the assessment against N.E. 25 feet of Lot 2 of Lot 1A of City Lot 682, Jas. R. Kean, owner, be cancelled as this was an erroneous assess- ment and the Treasurer be notified accordingly. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, Schuckert. Nays —None. Grant of Easement Know all men by these presents: That in consideration of the sum of $1.00 in hand paid by the City of Du- buque, Iowa, a municipal corpora- tion, the receipt whereof is hereby acknowledged, the undersigned be- ing the owner of Lot 22 of Quigley's Subdivision of Outlot 710, in the City of Dubuque, hereby grants and conveys to said City of Dubuque a perpetual right of easement, in, over and across said Lot 22 of Quigley's Subdivision of Outlot 710, for the purpose of installing and maintain- ing therein a sanitary and storm sewer, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or re- pair of said sewers to as good con- dition as it was before the same was disturbed. This grant of easement shall be binding upon the undersigned, his heirs, executors, 'administrators, pur- chasers and assigns forever. EDWIN C. KUEHNLE. State of Iowa ) ss. Dubuque County ) Be it remembered that on this 13th day of March, 1930, personally ap- peared before me, a notary public, in and for Dubuque County, Iowa, Edwin C. Kuehnle, who is personal- ly konwn to me and acknowledged that he executed the foregoing in- strument as his voluntary act and deed. Florence E. Buxton, Notary Public in and for Dubuque County, Iowa. Councilman Meuser moved that the grant and easement be approved and placed on file and be recorded. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, Schuckert. Nays —None. Grant of Easement Know all men by these presents: That in consideration of the sum of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corpora- tion the receipt whereof is hereby acknowledged, the undersigned being the owners of lot 21 of Quigley's Sub- division of Outlot 710, in the City of Dubuque, hereby grants and conveys to said City of Dubuque a perpetual right of easement, in, over and across said lot 21 of Quigley's Sub- division of Outlot 710 for the pur- pose of installing and maintaining therein a combination sanitary and storm sewers with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when in- stalled; provided, however, that said City of Dubuque shall replace what- ever earth, sod or shrubbery that. may be disturbed in the installation or repair of said sewers to as good condition as it was before the same was disturbed. This grant of easement shall be binding upon the undersigned, his heirs, executors, administrators, pur- chasers and assigns forever. S. E. SWANN. State of Iowa ss. Dubuque County J Be it remembered that on this 13 day of March, 1930, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, S. E. Swann, who is personally known to me and acknowledged that he executed the foregoing instrument as his voluntary act and deed. FLORENCE E. BUXTON, (Seal) Notary Public in and for Dubuque, County, Iowa. Councilman Meuser moved that the Grant and Easement be approv- ed and placed on file and be record- ed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, and Schuckert. Nays —None. Grant of Easement Know all men by these presents: That in consideration of the sum of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corpor- ation the receipt whereof is hereby acknowledged, the undersigned be- ing the owner of Lot 20 of Quigley's Subdivision of Outlot 710 in the City of Dubuque, hereby grants and con- veys to said City of Dubuque a per- petual right of easement, on, over and across said Lot 20 of Quigley's Subdivision of Outlot 710 for the purpose of installing and maintain- ing therein a combination sanitary and storm sewers with the right to go upon said premises at all rea- sonable times for the purpose of in- specting and repairing the same when installed; provided, however, that said City of Dubuque shall re- place whatever earth, sod or shub- bery that may be disturbed in the installation or repair of said sewers to as good condition as it was be- fore the same was disturbed. This grant of easement shall be binding upon the undersigned, his heirs, executors, administrators, pur- chasers and assigns forever. NICK THILMANY. State of Iowa Dubuque County J eS ' Be it remembered that on this 12 day of March, 1930, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, Nick Thilmany, who is personally known to me and acknowledged that he executed the foregoing instru- ment as his voluntary act and deed. KARL W. HARKER, Notary Public in and for Dubuque, County, Iowa. Councilman Meuser moved that the Grant and Easement be approved and placed on file and be recorded. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, and Schuckert. Nays —None. Councilman McEvoy moved that the Judges and Clerks of Election be paid what the Budget provides for, being $6.00 each. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, and Schuckert. Nays —None. Councilman McEvoy moved that the rent for buildings for registration Special Session, April 1st, 1930 and election purposes, being $5.00 for each registration day: Feb. 1st, 8th, 15th, and 28th, and $10.00 for elec- tion day, amounting to $30.00 for the Arnsdorf building and $30.00 for Rit- ter Motor Co. building, be paid, and the County be billed for one -half of the registration expense. Seconded by Councilman Jansen. Carried by the following vote: Yeas—Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser and Schuckert. Nays —None. Councilman McEvoy moved that the bills for rent of chairs and tables for registration and election purposes R. Herrmann & Sons, in the sums of $26.00 for registration and $26.00 for election purposes, be paid and the County be 'billed for one -half of the bill for registration. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, ant! Schuckert. Nays —None. There being no further business, Councilman McEvoy moved to ad- journ. Carried. JOHN .STUBER, City Clerk. Approved 1930. Adopted 1930. Councilmen : Attest: City Clerk. 111 112 Regular CITY COUNCIL (Official) Regular Session, April 7th, 1930. %ouncil met at 7:45 P. M. Present — City Manager Kratz, Mayor Andelfinger, Councilmen Jan- sen, McEvoy, Meuser, Schuckert. Mayor Andelfinger stated that this is the regular monthly meeting of the City Council, and also the first meeting of the fiscal year 1930, for the transaction of such business as may properly come before the meet- ing. Mayor Andelfinger moved that Councilman Meuser be appointed Mayor for the ensuing year. Second- ed by Councilman Jansen. Carried by the following vote: Mayor Andel- finger, Councilmen Jansen, McEvoy, Schuckert. Nays —None. Not voting — Councilman Meuser. Whereupon Mr. Meuser was de- clared Mayor of the City of Dubuque for the ensuing year. He thanked the Council for the honor bestowed upon him and took his seat in the Mayor's chair. The following resolutions were adopted: Resolution No. 163 -30 Be it resolved by the City Council of the City of Dubuque: That the following officers be ap- pointed to serve during the fiscal year, 1930, at the pleasure of the Council, and be paid the salaries pro- vided for in the budget adopted by this Council, on March 31, 1930: O. A. Kratz, City Manager. M. H. Czizek, City Solicitor. Milton Glenn, Police Court Judge. John Stuber, City Clerk. George Bennett, City Assessor. Passed, adopted, and approved, this 7th day of April, 1930. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Jansen moved the ad- option of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andefinger, Jansen, McEvoy, and Schuckert. Nays —None. The Honorable Mayor and City Coun- cil of the City of Dubuque: Gentlemen: As City Manager of the City of Du- Session, April 7th, 1930 buque, the undersigned hereby advis- es your Honorable Body that he has reappointed all officers and employ- ees now serving and acting in their respective capacities, whom he has the power to appoint under the law, at the salaries provided for in the budget adopted by the City Council on March 31, 1930, and requests your approval of such appointments, said officers and employees to serve at the pleasure of the undersigned. Respectfully submitted, O. A. KRATZ, City Manager. Resolution No. 164 -30. Be it resolved by the City Council of the City of Dubuque: that the appointment of the officers and em- ployees made by the Manager be and the same are hereby approved, said officers and employees to serve during the pleasure of the Manager and to be paid the salaries provided for in the budget adopted by this Council 011 March 31, 1930. Passed, adopted and approved this 7th day of April, 1930. 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 McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilman Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Resolution No. 165 -30. Be it Resolved by the City Coun= cil of the City of Dubuque: that the following banks be appointed depos- ittories of City funds and the City Treasurer, hereby authorized to dis- tribute such funds in such banks in amounts not to exceed the follow- ing: Union Trust and Savings Bank $60,000 Iowa Trust and Savings Bank 60,000 Federal Bank and Trust Com- pany 60,000 First National Bank 60,000 Consolidated National Bank 60,000 American Trust and Savings Bank 20,000 Passed, adopted and approved this 7th day of April, 1930. 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 by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Councilman Schuckert moved that the rules be suspended to allow any- one present who wishes to do so to address the Council. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Attorney Kerz addressed the Coun- cil stating that he represented Mrs. Ed. Milligan and that he hereby pro- tests against the assessment as lev- ied against her property for the im- provement of West 17th Street and Clark Street and also against the assessment for water and gas con- nections, stating that the assess- ments are too high in comparison to valuation of the property and asks that the Council reconsider their action and reduce the assess- ments. Councilman McEvoy moved that the matter be referred to the Coun- cil for further consideration. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Attorney R. P. Roedell addressed the Council and presented a petition of W. J. Connolly and Julia E. Mos- her stating that they were assessed for the improvement of Pierce Street against lots as follows: Lot 1, Connolly's Sub $222.42 Lot 3, Connolly's Sub 6.66 Lot 5, Connolly's Sub 149.36 Lot 7, Connolly's Sub 19.42 Lot 2, Connolly's Sub 67.14 Lot 4, Connolly's Sub 147.52 Lot 6, Connolly's Sub 166.84 Claiming that this is far in excess of the value of the property, stating that some of these assessments have been partly paid, and the City has bought in some of this property at tax sale, they hereby offer to settle these delinquent assessments for $300.00. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Jansen. Carried by the following vote.: Yeas —Mayor Meuser, Councilman - men Andelfinger, Jansen, McEvoy, Schuckert. Regular Session, April 7th, 1930 113 Nays —None. Patrick Mclnerny also addressed the Council relative to the assess- ment as levied against his property for the improvement of Pierce Street, stating that although the Council did reduce the assessments, it is still too high and that the prop- erty is not worth as much as the as- sessments amount to, and asks that the Council reconsider its action and give him a further reduction. Councilman Jansen moved to re- fer this matter to the Council. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Petition of the Dubuque Leader, a weekly newspaper in the City of Du- buque, edited by J. M. Conley, ask- ing that this newspaper be desig- nated as one of the official news- papers of the City of Dubuque for the purpose of publishing official do- ings of the City Council and for pub- lication of official notices. ' Councilman Andelfinger moved that the petition be referred to the Council for consideration. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Petition of Mrs. Bridget Brunskill, referred to the Council by the Board of Supervisors, asking the cancella- tion of the 1929 and 1930 tax on East 24 feet of Lot 22, Cox's Add., presented and read. 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, Schu- ckert. Nays - -None. Petition of Anna Peter, referred to the City Council by the Board of Supervisors, asking that the tax be suspended on •Lots 95- 96 -97 -98 for the year 1929. Property assessed to John A. Peter. Councilman Schuckert moved that the prayer of the petition be grant- ed and the Board of Supervisors be advised of the Council's action. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Petition of Martin Rabbett, asking that the personal tax against the C. O. D. Laundry for the years 1927 • as of April 28th, 1930, upon prelim- inary estimate, plans. and specifica- tions, form of contract and cost of the proposed sanitary sewer in Groveland Street from the manhole in Burden Street to within about 80 feet of Sheridan Street and in Argyle Street from the manhole in Grove- land Street 120 feet southerly. Pre- sented and read. Councilman Jansen moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held March 21st a petition from Edward Muntz requesting that a reduction be made in assessments levied against lots 1 and 2, block 19, Dubuque Har- bor Addition, made for the paving of South Main Street was referred to the Council to view the grounds. This is to advise that the Council did view the grounds on April 5th and decided that the assessments were just and not entitled to any reduction. Will you therefore present this matter to the Council for confirma- tion and record? Very truly yours, 0. A. KRATZ, City Manager. Councilman McEvoy moved that the petition of Edward Muntz be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held March 21st a petition from various property owners in the vicinity of the Maize - wood Company complaining about the noise and odor from the manu- facturing plant was referred to the Council to view the grounds. This is to advise that the Council did view the grounds on April 5th and decided that the Maizewood Company was doing everything in their power to correct the matters complained of in said petition and therefore said petition should be filed at this time awaiting develop- ments from the Maizewood Company. Regular Session, April 7th, 1930 115 Kindly present this matter to the Council for confirmation. Very truly yours, 0. A. KRATZ, City Manager. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —N one. April 7, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held April 1st a verbal petition from C. L. Shef- field for reduction on assessments levied against Lots 19 and 20, Grand- view Heights Addition, for the im- provement of Plymouth Street was referred to the Council to view the grounds. This is to advise that the Council did view the grounds on April 5th and decided that a reduction in as- sessments was not justifiable. Will you kindly present this matter to the Council for confirmation and record? Very truly yours, 0. A. KRATZ, City Manager. Councilman Andelfinger moved that the petition be received and filed. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- cert. Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Feb- ruary 24th a petition from three property owners on Simpson Street requesting that Simpson Street be paved from Freemont Avenue to the westerly terminus of said street was referred to the Council to view the grounds and this is to advise that the Council did view the grounds and decided that not a sufficient number of property owners were re- questing the improvement and there- fore the improvement should be de- layed until additional property own- ers were in favor of same. Kindly present this matter to the Council for confirmation and record. Very truly yours, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the petition be received and Ailed. Seconded by Councilman Jansen. Carried by the following vote: 114 Regular Session, April 7th, 1930 and 1928 be cancelled, referred to the Council by the Board of Super- visors. Councilman McEvoy moved that the petition be referred back to the Board of Supervisors for indepen- dent action on this petition. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilman Andelfinger, Jansen, McEvoy, Schu- ckert. Nays - -None. Petition of J. H. Schiltz, asking that the Council allow him to con- struct - a 4 -foot sidewalk on Nevada Street, extending north from Julien Avenue to the north end of his lots, approximately 484 feet, and that the same be installed with a park space of 2 ft. 6 in. between the curb and the sidewalk. Councilman McEvoy moved that the prayer of the petition be grant- ed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert Nays —None. Petition of John L. Duffy making application for the office of Police Judge on the termination of the present incumbent's term of office, stating that he is a citizen of the State of Iowa and the City of Du- buque, a taxpayer and an attorney - at -law; also that he is an honorably discharged soldier of the war with Germany. 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, Schu- ckert. Nays —None. Petition of the Veteran's Council, recommending and endorsing John L. Duffy for the position of Police Judge, presented and read. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Petition of M. E. McEnany, mak- ing application for the office of Pol- ice Judge on the expiration of the present incumbent's term of office, presented and read. Councilman Schukert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ck ert. Nays —None. April 7th, 1930. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Auditor, City Treasurer and City Water Works for the month of March, 1930. Very truly yours, 0. A. KRATZ, City Manager. Councilman Jansen moved that the reports be approved and placed on file. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman McEvoy moved that all former action on resolutions for the construction of a sanitary sewer in Groveland Street be descinded. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 166 -30 Preliminary estimate, plans and specifications, form of contract and cost of the proposed construction of an 8 inch sanitary sewer in Grove- land Street from the manhole in Bur- den Street to within about 80 feet of Sheridan Street and in Argyle Street from the manhole in Groveland Street 120 feet southerly. Present- ed and read. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 167 -30 Necessity for improvement for the the construction of an 8 inch sanitary sewer in Groveland Street from the manhole in Burden Street to within about 80 feet from Sheridan Street and in Argyle Street from the man- hole in Groveland Street about 120 feet southerly. Presented and read. Councilman Schuckert moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 168 -30 Resolution fixing date of hearing 116 Regular Session, April 7th, 1930 Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held March 21st, 1930, a petition from property owners on Villa Street asking that a sanitary sewer be constructed in Villa Street from Cleveland Avenue to a connection with a sewer in Val- ley Street was referred to the Coun- cil to view the grounds. This is to advise that the Council at an informal meeting held April 5th decided that this improvement should not be made during 1930. Will you therefore present the mat- ter to the Council for confirmation and record? Very truly yours, 0. A. KRATZ, City Manager. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: The matter of paving the alley be- tween Windsor Avenue and Queen Street from Clinton to Sutter Streets And Sutter Street from Windsor Ave- nue to Quedn Street, which was re- ferred to the Council to view the grounds, came up for discussion at an informal Council meeting held April 5th and it was decided by the Council that it was not proper for the City to pay any portion of the alley or Sutter Street and therefore proceedings for the improvement of both the alley and street should be discontinued awaiting further re- quests from property owners to make said improvements. Will you kindly present the matter to the Council for final 'action? Very truly yours, 0. A. KRATZ, City Manager. Councilman Schuckert moved that all action on this improvement be rescinded and proceedings for the improvement be discontinued. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and S chuckert. Nays —None. April 7, 1930. To the Honorable Mayor, and City Council, Dubuque, Iowa. Gentlemen: This is to 'advise that I have ap- proved the following bonds and pol- icies and desire to have your ap- proval on same for filing: SIGNS Potterveld Drug Company, 1687 Delhi Street; Policy No. 5416298, The Fidelity & Casualty Co. Automobile Paint Shop, 480 West Locust Street; Policy No. MPL- 691674, Continental Casualty Co. Universal Car & Tractor Co., 950 Central Ave.; Policy No. IFA- 708855, The Travelers Indemnity Co. North -End Grocery, 3165 Central Ave.; Policy No. 594356, Southern Surety Company. EXCAVATION POLICY Mullen & Son, 1749 Central Ave.; Policy No. MPL- 691673, Continental Casualty Co. HEATING CONTRACTOR Dyas Overby, 2247 Delhi Street; Policy No. 343545, United States Casualty Co. CONTRACTOR'S BOND Fred Fichter, 914 Garfield Ave.; Bond No. 17 -12- 190 -30; Schlueter In- surance Agency. Respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the bonds be approved and placed en file. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilman Andelfinger, Jansen, McEvoy and Schuckert. . Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: Attached hereto is a petition filed by 60% of the property owners that will be affected by the paving of Pennsylvania Street from the north- erly line of Delhi Street to the west- ern city boundary, said improve- ment to consist of paving the street twenty -four (24) feet wide between curbs and construct a sidewalk on the northerly side of said Pensyl- vania Street. The Council viewed this improve- ment on the ground on April 5th and decided that inasmuch as 60% of the property owners were in 'favor of the improvement, that it should be made this year. Kindly submit this petition to the Council for confirmation and record. Very truly yours, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the petition be made a matter of record and the Engineer be instruct- ed to prepare the proper plans and specifications. Seconded by Council- man Andelfinger. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: In connection with the improve- ment of Catherine Street from An- gella Street to the northerly term- inus of Catherine Street, the Coun- cil viewed the grounds on April 5th and decided that Catherine, Street should be improved along the grades now laid out by the City Engineer and to extend from the southerly line of Quigley Lane to the norther- ly terminus of Catherine Street. Kindly present this matter for con- firmation. Very truly yours, 0. A. KRATZ, City Manager. Councilman McEvoy moved that the decision 6f the Council be con- firmed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen McEvoy and Schuckert. Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. At the Council meeting held March 10th a verbal petition pursuant to a written petition filed some time ago by G. W. Meyer asking that Custer Street be paved from Auburn to Al- gona Street was referred to the Council to view the grounds. This is to advise that the Council did view the grounds on April 5th and decide that the improvement should go ahead. Will you therefore present the matter to the Council for action? Very truly yours, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation be approved. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 7th, 1930. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: Regular Session, April 7th, 1930 117 This is to advise that the Council viewed the grounds in connection with the paving of Green Street from the east property line of As- bury Street to the west property line of Avoca Street on April 5th and decided that the improvement should not be made this year. Will you kindly present this matter to the Council for confirmation? Very truly yours, 0. A. KRATZ, City Manager. Councilman Schuckert moved the recommendations be approved. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, McEvoy, Jansen, and Schuckert. Nays —None. Resolution No. 80 -30. Resolution of ,necessity for the im- provement of Custer Street from the west property line of Auburn Street to the east curb line of Algona Street by grading said street to the proper sub - grade, constructing concrete driveways and sidewalks, concrete curb where necessary, removing ex- isting sidewalk and curb at Algona Street and paving said street with a concrete pavement six (6) inches thick and 31 feet wide or, by paving with a three (3) inch black or as- phalt binder base and a two (2) inch Warrenite Bitulithic wearing service with combination curb and gutter. Presented and read. The resolution have been approv- ed and placed on file for final ac- tion Feb. 7th, 1930. Councilman Schuckert moved that the resolution be adopted. Seconded by Council- man McEvoy. Carried by the follow- ing vote: Yeas—Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 169 -30 Decision of the Council upon ob- jections to plans and specifications, form of contract and cost of improve- ment for the improving of Custer Street from the west property line of Auburn Street to the east curb line of Algona Street, by grading said street to the proper sub -grade constructing concrete driveways and sidewalks, concrete curb where nec- essary, removing existing sidewalk and curb at Algona Street and pav- ing said street with a concrete pave- ment six (6) inches thick and . 31 feet wide or by paving with a three inch black or asphalt bind& base, and a two (2) inch Warrenite-Bithul- ithic wearing service with combina- 118 Regular Session, April 7th, 1930 tion curb and gutter. Presented and read. Councilman McEvoy moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 170 -30 Resolution ordering construction of the improving of Custer Street from the west property line of Auburn Street to the east curb line of Algona Street, by grading said street to the proper sub - grade, constructing con- crete driveways and sidewalks, con- crete curb where necessary, remov- ing existing sidewalk and curb at Algona Street, and paving said street with a concrete pavement six (6) inches thick and 31 feet wide, or by paving with a three (3) inch black or asphalt binder base, and a two (2) inch WarreniteBithulithic wear- ing service with combination curb and gutter. Presented and read. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman McEvoy moved that all previous proceedings and resolu- tions for the proposed improvement of the following named streets be descinded and discontinued, to -wit: Green Street from the east pro- perty line of Asbury Street to the west property line of Avoca Street. West 8th Street from the east pro- perty line of Wilson Street to the west property line of Hill Street. Queen Street from the north pro- perty line of Edwards Street to the north property line of Marquette Place. Stafford Street from the west pro- perty line of Garfield Avenue to the northerly end of said street. Avoca Street from the south pro- perty line of Seminary Street to the south curb line of Decorah Street. Foye Street from the north proper- ty line of Lowell Street to the south property line of Napier Street, and Napier Street from the east curb line of Foye Street to about 70 feet west- erly. Roosevelt Street from the west property line of Rhomberg Avenue to the north line of Peil's Sub. Lot 6. Spruce Street from the north pro- perty line of Jefferson Street to the south property line of West 11th Street. Decorah Street from the east pro- perty line of Avoca Street to the east property line of Ashton Street. Solon Street from the east pro- perty line of Alpine Street to the east property line of Lois Street. Paul Street from the south proper- ty line of Lowell Street to the north property line of Seminary Street. Sutter Street from the west pro- perty line of Windsor Avenue to the east property line of Queen Street. Ries 'Street from the west proper- ty line of Stafford Street to the east property line of Windsor Avenue. Henry Street from the west pro- perty line of Windsor Avenue to the east property line of Queen Street. Lois Street from the south proper- ty line of Solon Street to the north property line of Reeder Street. Marquette Place from the west the property line of Queen Street to the present concrete pavemnt. Reeder Street from the east pro- perty line of Alpine Street to a point 50 feet east of Lois Street. South Hill Street from the north property line of Curtis Street to south property line of Dodge Street. Angella Street from the east pro- perty line of Catherine Street to the east property line of Cox Street. Alley between Windsor Avenue and Queen Street from the north property line of Sutter Street to the south curb line of Clinton Street. Eagle Street from the west proper- ty line of Thomas Place to the east property line of Viola Street. Seconded by Councilman Schuck- ert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman McEvoy moved that all petitions and remonstrances on the above named streets be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman McEvoy moved that Paul Simones be allowed $30.00 on account of damages done to his au- tomobile, when he drove over an unprotected excavation in the street, the auditor be instructed to draw a wararnt in said amount in favor of Mr. Simones. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that the resolutions pertaining to the im- provements of Algona Street, Cath- erine Street, Wood Street, and Au- burn Street be refered to the Coun- cil for further consideration. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, the Council adjourned. JOHN STUBER, City Clerk. Approved 1930. Adopted 1930. Councilmen: Attest: Special Session, April 14th, 1930 City Clerk. CITY COUNCIL 119 (Official) Special Session, April 14th, 1930. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 7:45 P. M. Present —Mayor Meuser, Council- men Andefinger, Jansen, McEvoy and Schuckert. Mayor Meuser read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a hearing on the proposed sanitary and storm sewers in the West Du- buque Sewer District, as delimited by Ordinance No. 3 -30, adopting a - resolution of necessity for said sew- er and acting on any other business that may properly come before the meeting. Proof of publication certified to by the publisher of the notice of pendency of resolution of necessity for public improvements and hear ing upon proposed plans and speci- fications, form of contract, and cost of improvement for the construction 01 storm and sanitary sewer in what is known as the West Dubuque Sew- er District, presented and read. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — •Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays - -None. Petition of property owners ask- ing that the name of Mt. Carmel Road be restored to that part of South Locust Street lying between the Rockdale Road and South Grand - view Avenue. Councilman McEvoy moved that the prayer of the petition be granted and the City Solicitor be instructed to prepare the proper ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition and remonstrances filed by property owners for and against said sewers in the West Dubuque Sewer District presented. Councilman Jansen moved that the rules be suspended to allow any one present who wishes to do so, to address the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. i 120 Special Nays —None. In checking up the names on the petitions it was shown that 98 pro- perty owners representing 227 lots out of 628 lots were opposed to the sewer, and 135 property owners rep- resenting 188 lots were in favor of it. Spokesmen for the remonstrators were Carl Page, E. C. Loetscher, Mrs. Grace Jaeger, Mrs. Michael Theis, John P. Frantzen, and E. B. Lyons. Briefly summarized, the points they brought out were along the fol- lowing lines: That property owners with septic tanks, installed at much expense. will have to duplicate this expense i� the sewer is installed. That streets, lawns and shrubbery will be torn up and repairs will be another big item of expense. That the assessments are so high that many property owners will be unable to pay and be deprived of their homes. That times were hard during the past winter and that many property owners cannot withstand the added burden. That septic tanks are functioning satisfactorily, the sewage stays un- derground and there is no outlet. That part of the district has a nat- ural drainage in the direction of Cat- fish creek. That because of the topography of the district, it will be impossible for many property owners to make con- nections with the sewer and it will be of no benefit to them; also that many lots assessed are practically worthless, just "chicken yards." That there is no danger of the city's water supply becoming con- taminated under the present system of sewage disposal. That it is an inopportune time to carry out such a costly project. Spokesmen for the installation of the sewer were Dale D. Welch, E. C. Kuehnle, Mrs. Maude Hutchings, T. M. Stampfer, Carl Peterson, Ste- phen Bennett, City Engineer Walter Cullen, Dr. W. J. Connell and A. H. Wieter of Des Moines, chief engineer of the Iowa state board of health. Mr. Welch, in his remarks said that sanitation and health is the real issue and that conditions in the dis- trict in which he resides are far from being sanitary at the present time. He referred to a "fragrant odor" that lasts for days at a time. He declares that the "inopportune time" argument of the objectors was an ancient alibi, and aimed against all public improvements at all times. "If the sewer is a good thing, and we all know that it is," he said, "let's build it now." Session, April 14th, 1930 Dr. Connell, director of the city health department, told of the men- ace of a typhoid epidemic in a' dis- trict where sewage disposal is ac- complished by the use , of septic tanks, crevasses and fissures and of the peril to the city's water supply. He said that the city was responsi- ble if an epidemic was caused by an impure water supply. He added that it is now necessary to chlorinate wat- er from the level pumping station on Kaufmann Avenue. It was his statement also, that in a limestone area it is impossible to determine where sewage goes. Questioned as to his opinion on a tank, he said that the septic tank at is best, was nothing more than a substitute for a sewer. Mr. Wieters, state board of health engineer, said that plans and speci- fications for the proposed sewer were submitted to the state board of health by City Engineer Cullen and NI ere approved. He declared that the present proposal is feasible and that, later on, if the district served by the sewer should grow, that the system can be extended to Catfish creek. He added that the proposed system would also be an advantage to the city if, at some future time, the city should be forced to build its own sewage treatment plant. It was his opinion that all larger cities along the Mississippi river will eventually have to discontinue dumping sewage in the river and have their own sew- age treatment plants. "Any improvement is almost cer- tain to work hardships on some in- viduals," Mr. Wieters said. "Because of the topography of the district in which the proposed sewer is to be installed, the proposal is expensive. "However, the state board of health is interested in public health and public health cannot be meas- ured in dollars and cents. We can- not place a monetary value on a hu- man life." Municipalities are held responsible, the speaker said, for epidemics tha are traceable to impure water. "So, council," he said, "in permit- ting the use of crevasses for sewage disposal, you are violating all rules of sanitation. You haven't got a leg to stand on in court." Throughout his talk, he empha- sized the fact that it is his belief, and that of the state board of health, that the West Dubuque sewer pro- ject should go through without fur- ther delay. Councilman Schuckert moved that all petitions and remonstrances be referred to the Council for +considera - tion at an informal meeting of the Council to be held Thursday, April 17th, 1930. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Assignment and Transfer of Title to Lighting Posts We, the undersigned, real proper- ty holders adjacent to and abutting upon Central Avenue between Twelfth and Fourteenth Streets, in the City of Dubuque for and in con- sideration of the promises and agree- ments heretofore made and agreed to be performed at an early date by said City, do hereby grant, convey, assign and transfer to said city for the use heretofore agreed upon by said City, all our property, right, title, and interest in and to the iron light stands or posts and fixtures formerly employed on Central Aven- ue, at and between the points here - inbefore designated, for the light- ing of said avenue and recently re- moved and now in custody and under the control of said City. The said posts and fixtures to be located in front of the Senior High School and Clarke College. Dated at Dubuque, Iowa, this 9th day of April, 1930. Signed: Union Trust and Savings Bank, C. A. Voel- ker Estate, by C. A. Voelker Adm., Mrs. Mary Kleih, Lena Bechtel et al, H. Trenkle Co., Geo. C. Rath & Sons Inc., Oscar J. Haas, A. R. Staufen- beil, W. C. Luther, J. V. Rider, by Wm. Kretschmer Agt., Ellen Rider Knowlton, J. M. Burch Jr. and Wm. Kretschmer, under the will of Sam P. Rider, Wm. Kretschmer trustee, C W. Ziepprecht. Councilman Schuckert moved that the posts be accepted, the petition be made a matter of record and a vote of thanks be extended to the donors. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Annual valuation and inventory as of March 31st, 1930, of the Dubuque City Waterworks, presented for ap- proval. Councilman Andelfinger moved that the report be approved and the su- perintendent be commended on said report. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The following ordinance having Special Session, April 14th, 1930 121 passed upon 1st and 2nd reading, presented and read a third time. Ordinance No. 5 -30 Establishing a center line grade on Robinson Street from the west pro - prety line of Bluff Street to a point 250 ft. westerly. Be it ordained by the City Council of the City of Dubuque: Section 1. That a center line grade on Robinson Street from the west property line of Bluff Street to a point 250 ft. westerly, be and • the same is hereby established and ad- opted as shown by the profile of said street and grade prepared by the City Engineer being Profile No. 1268. B. M. west end of 1st cement step in curb at the N. W. entrance to the Telegraph - Herald and Times - Journal building. Elevation 66.51. Said grade begins at the west property line of Bluff Street which is station 0+00 Center line elevation 63.2., thence to station 1 +30 center line elevation 66.94, thence to station 1 +60 center line elevation 68.16, thence to station 1 +90 center line elevation 69.96, thence to station 2 +50 center line elevation 74.3. Section 2. This ordinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and pub- lication as provided by law. Passed upon first and second read- ing April 1st, 1930. Passed, adopted and approved April 14th, 1930. WM. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, - City Clerk. Published officially in the Tele- graph- Herald & TimesJournal news- paper April 17th, 1930. JOHN STUBER, City Clerk. Councilman McEvoy moved the ad- option of the ordinance. Seconded by Councilman Schuvkert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Lida Slattery referred to the Council by the Board of Su- pervisors, of Dubuque County, ask- ing that the 1929 tax on Lot 14 Mor- gan's Sub. be cancelled, presented and read. Councilman Schuckert n moved that the petition be referred to the City Solicitor. Seconded by Councilman I 122 Special Session, April 14th, 1930 Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Bond of F. J. Piekenbrock, Park Commissioner, renewal of bond of Glenn Brown, Park Commissioner, plumber's excation bond of Mullen & Son, sidewalk contractors' bonds of Orvel Wimber and Fred Fichter, presented for approval. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Notice of suit of L. R. Fear against the City of Dubuque in the sum of $2,000 for personal injuries received in falling on an icy sidewalk in front of and abutting lot 16 City of Du- buque, Jan. 14, 1930. Councilman . Schuckert moved that the notice be referred to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Roshek Realty Co., ask- ing permission to erect three mar- quise over sidewalk spaces on 7th Street, Locust Street and 8th Street, one Marquise on each of the three streets mentioned, in accordance with the building code of the City of Du- buque, and the plans and specifica- tions, of Charles Wheeler Nichol, Inc., architect, on file in the City Building Department, for permission to maintain the present loading dock in alley and also permission to con- struct an areaway in the alley as per above mentioned plans and speci- fications and city requirements. Councilman Andelfinger moved that the prayer of the petition be grant- ed. , Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The Civil Service Commission pre- sented the Councilmen with Police and Fire Manuels. Councilman Andelfinger moved that they be accepted, and the Coun- cil tender them a vote of thanks for same. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen I Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Council adjourned, and went into a meeting of the Board of Health. JOHN STUBER, City Clerk. Approved 1930. Adopted 1930. Councilmen: Attest: City Clerk. BOARD OF HEALTH (Official) Special Session, April 14th, 1930. Present —Mayor Meuser, Council- men Andelfinger, Jansen, McEvoy, Schuckert. Mayor Meuser in the Chair. Report of the activities of the Health Department for the month of March, 1930, presented for approval. Councilman Schuckert moved that the report be approved and placed on file. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication of the Sanitary In- spector. He reports that he had re- ceived complaint about the unsani- tary condition of a barn in the rear of 1599 Jackson Street, owned by Oliver Kringle. He states that he found the barn in a very dilapidated and unsanitary condition and recom- mends that the barn should be eith- er condemned or remodeled and kept in a sanitary condition. Councilman Schuckert moved that the recommendation of the Sanitary Inspector be approved. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Board adjourned. JOHN STUBER, Clerk of the Board of Health. Approved 1930 Adopted 1930 Board of Health Special Session, April 21st, 1930 Attest: Clerk of the Board of Health. CITY COUNCIL 123 (Official.) Special Session, April 21st, 1930. Meeting called by order of Mayor Mouser and Councilman Jansen. Council met at 7:40 P. M. Present —City Manager Kratz, Mayor Meuser, Councilmen Andel- finger, Jansen, McEvoy, Schuckert. Mayor Meuser read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing bids for the improvement of Robinson Street from the west prop- erty line of Bluff Street to about 210 feet westerly, and acting on any oth- er business that may properly come before the meeting. Proof of publication certified to by the publisher of notice to con- tractors of receipt of proposals for the construction of pavement im- provement of Robinson Street from the West property line of Bluff Street to about 210, feet westerly, by grading said street to proper sub - grade, constructing concrete curb and sidewalk, furnish steel if neces- sary, extending eight (8) inch sani- tary sewer and by paving said street with a concrete pavement seven (7) inches thick and twenty feet wide with integral curb on one side, using either plain concrete or a quick - setting cement known as "Quick - ard," presented and read. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 2st, 1930. To the Honorable City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 A. M. Monday, April 21st, 1930, for the paving of Robinson Street from the west property line of Bluff Street, westerly about two hundred and ten (210) feet. I am attaching hereto a tabulation sheet showing the unit prices and total prices bid and respectively rec- ommend that the contract for the paving of this street be awarded to Uhlrich -Paley Co. as their bids was the only one received. Respectfully submitted, 0. A. KRATZ, City Manager. 124 Special Session, April 21st, 1930 Total amount bid: Plain concrete $1,351.04 Quickard 1,539.04 City Engineer's estimate $1,480.15 Resolution No. 171 -30. Whereas, proposals have been sub- mitted by contractors -for the im- proving of Robison Street from the west property line of Bluff Street, westerly about two hundred and ten (210) feet by grading said street to proper curb grade, constructing con- crete curb and sidewalk, furnish steel, if necessary, extending eight (8) inch sanitary sewer and by pav- ing said street with a concrete pave- ment seven (7) inches thick and twenty (20) feet wide with integral curb on one side, using either plain concrete or a quick- setting cement known as " Quickard," pursuant to Resolution No. 151 -30 and Uhlrich- Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, Be It Resolved by the City Coun- cil 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 on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 21, 1930. Councilman Jansen moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Council- man McEvoy. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 6 -30. An Ordinance amending an Ordin- ance entitled "An Ordinance creat- ing and establishing 'West Dubuque Sewer District,' which district em- braces all the lands within the drain- age area of the sewer system to be constructed within the same declar- ing that all lands therein and sub- ject to a special assessment for the payment of the cost of such sewers and appurtenances thereto and de- fining all of such lands which are subject to be furnished with sewer connections or drainage by said sewer system to be adjacent prop- erty by changing the name of the district 111 the title thereof to West Dubuque Sewer District No. 1, also by changing the limits of said dis- trict by eliminating therefrom cer- tain defined areas; also by elimin- ating therefrom the construction of certain sanitary sewers, force mains, storm sewers and appurtenances, re- ferred to in said Ordinance, present- ed and read. Councilamn Schuckert moved that this is considered the first reading of the Ordinance. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The Ordinance was read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas—Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 172 -30. Resolution amending a resolution of necessity hereto approved by the City Council of the City of Dubuque, providing for the construction of Storm and Sanitary sewers and ap- purtenances in what is known as the West Dubuque Sewer District. Whereas a resolution of necessity providing for the construction of Storm and Sanitary sewers and ap- purtenances in what is known as the West Dubuque Sewer District, was introduced and approved by the City Council on March 24th, 1930, and no- tice of its pendency was duly pub- lished as provided by law and the date was set for final hearing there- on on April 14th, 1930, and Whereas said hearing was held by said Council on said date and the Council after having heard all ob- jections to the passage and adoption of said resolution, and it being deem- ed advisable by said Council to change and amend said resolution; now therefore, Be it resolved by the City Council of the City of Dubuque, that said original resolution of necessity be and the same is hereby changed, modified and amended so that said resolution as amended hereby shall provide for the construction of the following sewers and appurtenances in and along the streets, alleys and other places, as herein set forth. Be it further resolved that, except for the changes herein set forth, said original resolution of necessity shall remain as originally approved on March 24th, 1930, with the only further exception that said resolu- tion shall have reference to the lim- its of the District known by the title of "West Dubuque Sewer District" No. 1 and as delimited and shown in an amendment to Ordinance No. 3- 30 which has been duly adopted by this Council. Construction of sanitary sewers and appurtenances in what is known as the West Dubuque Sewer District as delimited by Ordinance No. 3 -30 as amended. The improvement shall consist of constructing sanitary and storm sewers in the following locations: An 8 -inch Sanitary sewer in: Pennsylvania Street from man- hole in Delhi Street three hundred fifty -eight (358) feet northwesterly. Two (2) lines in parking space either side of Delhi Street from western city limits to Finley Street. Gilliam Street from West Street to Delhi Street. Mineral Street from Gilliam Street to O'Hagen Street. Finley Street from Mineral Street to Pearl Street. Pearl Street from the western City Limits to one hundred (100) feet west of McCormick Street. O'Hagen Street from Mineral Street to a point one hundred (100) feet south of Delhi Street. West Street from Gilliam Street to Finley Street, and Finley Street from West Street to McCormick Street. McCormick Street from Bennett Street to a point one hundred fifty (150) feet west of No. Grandview Avenue. Grace Street from McCormick Street to a point two hundred twen- ty (220) feet west of Algona Street and from a point fifty (50) feet east of Algona Street to a point one hun- dred fiifty (150) feet west of North Grandview Avenue. Grigg Place from Bennett Street to Grace Street. Algona Street from St. Joseph Street to Bennett Street. Gondolfo Street from St. Joseph Street to Dodge Street. Dodge Street from Gondolfo Street to the alley first west of Al- gona Street and from a point eighty (80) feet east of Algona Street to Stetmore Street. Special Session, April 21st, 1930 125 Alley first west of Algona Street from Dodge Street to a point one hundred (100) feet south of Hale Street. West Third Street from a point two hundred eighty -two (282) feet west of Algona Street to a point eighty (80) feet west of No. Grand- view Avenue. Bennett Street from McCormick Street to a point fifty (50) feet west of Algona Street and from Algona Street to a point one hundred fifty (150 feet) west of No. Grandview Avenue. Hale Street fro m a point eighty (80) feet east of Algona Street to a point seventy (70) feet west of No. Grandview Avenue. Auburn Street from Grace Street to the alley first south of Delhi Street. Alley first south of Delhi Street from Auburn Street to a point fifty (50) feet south of Algona Street. St. Joseph Street from a point three hundred (300) feet east of Al- gona Street to a point thirty -five (35) feet west of Fremont Avenue. A 10 -inch Sanitary Sewer in: Stetmore Street from Marion Street to Dodge Street and across Lots 51, 52 and 33, Quigley's Sub., Lot 5 Quigley's Sub., Lot 9, Hodges Sub., south 192.49 feet of the south 201.5 feet of Lot 25, Ann O'Hare's Sub., and the north 9.01 feet of the south 201.5 feet of Lot 25, Ann O'Hare's Sub., and across the east 107.94 feet of the north 135 feet of Lot 25, Ann O'Hare's Sub. St. Joseph Street from Gondolfo Street to a point three hundred (300) feet east of Algona Street. Coates Street from Concord Street to Fremont Avenue. Concord Street from Coates Street to Marion Street. FORCE MAINS An 8 -inch force main in: Mineral Street from Gilliam Street to McCormick Street. McCormick Street from Mineral Street to Grace Street. Grace Street from McCormick Street to Algona Street. A 10 -inch force main in: Stetmore Street from Marion Street to Dodge Street and Dodge Street from Stetmore Street to a point six hundred fifty (650) feet easterly and across vacated portion of Dodge Street and Lot 1 of 1 and 2, Sisters Add., across Fremont and No. and So. Grandview and in Dodge Street from No. and Soy Grandview Avenue to a point one hundred eighty -six (186) feet east and No. and So. Grandview Ave. STORM SEWERS. Stetmore Street from Marion Street to Dodge Street and across 126 Special Session, April 21st, 1930 Lots 51, 52 and 33, Quigley's Sub., Lot 5, Quigley's Sub., Lot 9, Hodges Sub., South 192.49 feet of the south 201.5 feet of Lot 25, Ann O'Hare's Sub., and the north 9.01 feet of the south 201.5 feet of Lot 35, Ann G'Hare's Sub., and across the east 107.94 feet of the north 135 feet of Lot 25, Ann O'Hare's Sub. In Mineral Street from Gilliam Street to McCormick Street. McCormick Street from Mineral Street to Pearl Street: Consisting of 352 lineal feet of 8 inch sewer, 742 lineal feet of 12 inch, 302 lineal feet of 15 inch, 494 lineal feet of 18 inch, 601 lineal feet of 27 inch, 698 lineal feet of 30 inch, 1560 lineal feet of 36 inch, 125 lineal feet of 42 inch. Relief Sewer in Dodge Street Under Storm Sewer. A 12 -inch line in Dodge Street from Bluff Street to Main Sanitary Outlet Sewer in Terminal Street. The improvement shall consist of constructing the following: Sanitary Sewer Section - 17155 lineal feet of eight (8) inch vitrified tile or concrete sewer pipe. 3064 lin. ft. of ten (10) inch vit- rified tile or concrete sewer pipe. 71 Six (6) by ten (10) Y branches. 652 Six (6) by eight (8) Y branches. 97 Manholes — Sanitary sewer — brick or concrete. 2 Manhole rings and covers in place. 53 Risers complete. 14197 cu. yds. earth excavation. 620 cu. yds. loose rock excavation. 1111 cu. yds. solid rock excavation. 14 cubic yds. Class B concrete (Tank base). 58.8 cu. yds. Class A Concrete re- inforced in place (wet well). 200 lbs. Steel Class A. 5000 ft. lumber left in place. 2 Josam valves in place. 250 lin. ft. of tunneling complete with 10 in. C. I. pipe in place. 13 Drops for deep manholes. 120 lin. ft. of tunneling complete with 8 in. C. I. pipe in place. 618 lin. ft. of tunneling complete with 8 in. tile pipe in place. 2684 lin. ft. (10) inch cast iron pipe in place with fittings. 1790 lin. ft. eight (8) inch cast iron pipe in place with fittings. 2 Fairbanks -Morse pumping sta- tions complete and ready for opera- tion No. 501 - 542 -583, or equal. Storm Sewer Section and Relief Sewer in Dodge Strtet- 2016 cu. yds. earth excavation. 208 cu. yds. loose rock excavation. 192 cu. yds. solid rock excavation. 16 Concrete or brick manholes. 6 Catch basins. 4 Special inlets. 2 Drops for deep manholes. 352 Eight (8) inch Vitrified tile or concrete pipe. 302 Fifteen (15) inch Vitrified tile or concrete pipe. 494 Eighteen (18) inch Vitrified tile or concrete pipe. 601 Twenty -seven (27) inch Vitri- fied tile, segment block or concrete pipe. 698 Thirty (30) inch Vitrified tile, segment block or concrete pipe. 1560 Thirty -six (36) inch Vitrified tile, segment block or concrete pipe. 125 Forty -two (42) inch Vitrified tile, segment block or concrete pipe. 2250 Lin. Ft. Twelve (2) inch Class 50 cast iron pipe in place in storm sewer. 1 Brick Manhole, 3 ft. deep. 7 Clean out boxes, concrete. 2 Ten inch cast iron expansion joints. 2 Eight inch cast iron expansion joints. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Adopted April 21st, 1930. WM. H. MEUSER, Mayor. M. B. ANDELFINGER, GEO. O. JANSEN, ED. McEVOY, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Resolution No. 173 -20. Decision of the Council upon ob- jections to plans, specifications, form of contract, and cost of im- provements for the construction of Storm and Sanitary sewers and ap- purtenances in what is known as the West Dubuque Sewer District as de- limited by Ordinance No. 3 -30 as amended. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen - Andelfinger, Jansen, McEvoy, and Schuckert. Councilman Schuckert moved that all remonstrances and petitions rela- tive to the construction of the sew- ers in the West Dubuque Sewer District be received and filed. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilman Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Special Session, April Resolution No. 174 -30. Resolution ordering construction of Storm and Sanitary sewers and appurtenances in what is known as the West Dubuque Sewer District as delimited by Ordinance No. 3 -20 as amended. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilman Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Councilman Jansen moved that the rules be suspended to allow any- one present who wishes to do so, to address the Council. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. F. C. Potterveldt addressed the Council asking what the Council did with the petition that he sent in some time ago asking that Simpson Street be improved. He was inform- ed that the petition was received and filed, owing to the fact that the street will not be improved before a sewer is constructed in said street, he . stated that the street is in bad condition and if it is not possible to improve it at this time there should be some cinders hauled there so that he can get to his home with his automobile. Manager will inves- tigate. No motion. Mr. G. H. Wolff addressed the Council stating that he heard that a filling station was going to be erect- ed at the corner of Delhi Street and No. Grandview Avenue. This lot was formerly included in the restricted residential district, but has recently been excluded therefrom. He hereby objects to the erection of a filling station claiming that it will be detri- mental to his property which is the second lot below this corner. No action taken. Mr. C. Caquelin addressed the Council asking permission to con- struct an approach to his garage and lower the sidewalk on the alley back of the southwest corner of 17th and Jackson Streets. The matter was referred to the City Manager to view the premises. No motion. Amendment to claim of Ethel Lo- per filed March 17th, 1930. Claim for $10,000 on account of personal in- juries sustained in falling on an ice - covered sidewalk in front of and ad- joining 574 West 5th Street Febru- ary 18th, 1930. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman 21st, 1930 127 Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, MeEvoy, and Schuckert. Nays —None. Ordinance No. 2. An Ordinance regulating the use and occupancy of lands within the control and under the jurisdiction of the Department of Public Docks and fixing and regulating the fees and charges to be paid for the use and occupancy of lands lying along and constituting the water front of the City of Dubuque. Whereas, the Department of Pub- lic Docks has exclusive charge and control of the wharf property be- longing to the City of Dubuque, to- gether with the water front of said City and the structures located thereon, with the power of control the use, occupancy and leasing of said property and to fix and regulate the fees and charges to be paid for the use and occupancy of any por- tion of said water front; Now therefore: Be it ordained by the Board of Dock Commissioners of the City of Dubuque: Section 1: That, by the term, "wa- ter front," shall be meant all lands which are publicly owned and the waters adjacent thereto which lie outside of and beyond the property lines of privately owned property abutting upon or adjacent to the Mississippi river and Lake Peosta. Sec. 2. That from and after the passage and adoption of this ordin- ance, every person, firm, or corpor- ation, desiring to use or occupy any part or portion of the water front of the City of Dubuque, as the same ex- tends along the Mississippi river and Lake Peosta, from the souther- ly to the northerly limits of said City, shall make written application to the Commission of Public Docks for the right and privilege to use and occupy the same, said applica- tion to state the purpose for which the same is to be used, describe the location of the lands or water front desired, and give the number of square feet or water front feet with- in the area for which request is made. Sec. 3. The application herein re- ferred to shall be filed with the Commission of Public Docks on or before the 15th day of May in each year commencing with the month of May, 1930. The applicant shall ac- company his application with the fees and charges herein provided for and no permit will be granted unless and until such fees and charges are paid. All permits shall expire on the 128 Special Session, April 21st, 1930 31st day of March, following. In the event that an application for space, as herein provided for, be not made to the Commission of Public Docks within the time stated, then the Commission may declare the right to use or occupy water front lands ter- minated and annulled and any struc- ture or materials located or erected upon said lands shall be removed therefrom by the owners thereof within the time prescribed by said Commission and, should the owner of such structures or materials fail or refuse to remove the same within the time fixed by said Commission, said Commission may, by appro- priate proceedings instituted for that purpose, cause such structure or materials to be removed. Permits may be issued, however, upon appli- cations filed at any time by persons, firms, or corporations who had not previously used or occupied river front property or the waters adja- cent thereto. Sec. 4. All applications for space upon or along the water front, as herein defined, shall be considered by the Commission and granted or refused. within thirty days after the same have been filed. Sec. 5.- New structures or repairs to existing structures upon or along said water front shall not be under- taken except upon application to the Commission and under permit from the Commission and then such struc- ture or repairs shall be made in ac- cordance with the general plans of said Commission and in pursuance of specifications submitted to it and approved by it. Sec. 6. That the schedule of fees and charges to be paid for use and occupancy of any part of the water front and the water adjacent there- to (except as provided in subdivis- ions H and J hereof) shall be as follows: A. For space northerly from the southerly limits of the City of Du- buque to the South line of Railroad Avenue, one- fourth cent per square foot and /or fifty cents per water front foot. B. For space northerly from the South line of Railroad avenue to the South line of the Ice Harbor, three - fourths cents per square foot and /or one dollar per water front foot. C. For space along the southerly and westerly line of the Ice arbor, three- fourths cents per square foot and /or one dollar per water front foot. D. For space along the northerly line of the Ice Harbor, three - fourths cents per square foot and /or one dollar per water front foot. E. For space northerly from the north line of the Ice Harbor to the North line of East 7th Street, three fourths cents per square foot and /or one dollar per water front foot. F. For space northerly from the North line of East 7th Street along Lake Peosta to the northerly end of said lake, one - fourth cent per square foot and /or fifty cents per water front foot. G. For space northerly of the northerly end of Lake Peosta to the northerly City Limits, three - fourths cent per square foot and /or one dol- lar per water front foot. H. The Dock Board shall have the right to permit any department of the Federal, City, or Municipal Gov- ernment to occupy space in the har- bor or any part of the water front on a basis other than those outlined under the foregoing schedule of fees and charges and may exempt such a government from the payment of any fees or charges if, in the judg- ment of the Commission, it is de- sirable or advisable so to do. I. It is understood that the rental of any water front property carries with it the right to use whatever land there may be up to twenty feet beyond low water mark. J. The Dock Board shall have the right to grant a reduction of 35 per cent in the rentals herein provided for to any person, firm, or corpora- tion using any of the property under the jurisdiction of the Board for in- , dustrial purposes. Sec. 7. Whenever a permit is granted to use or occupy any part of the water front or the waters adja- cent thereto, the space so occupied and used shall be maintained at all times in a clean and sanitary con- dition and in good state of repair, consistent with the purposes for which it is used. Boat houses or other wooden or metal structures shall be painted a uniform gray col- or. If the occupants of said prem- ises fail or refuse to maintain the same in such condition, the Com- mission may revoke the permit 0rantgd and thereafter the occu- pants shall discontinue using the same. Permits may also be revoked if the occupants use or occupy the premises for an illegal or immoral purpose. Whenever a permit is re- voked no part of the fees or charges theretofore paid shall be refunded. Sec. 8. That any part of the wa- ter front which is now or may here- after be occupied by any person, firm or corporation, which has lo- cated upon it buildings or structures which are not occupied or in good state of repair, the same may be ta- ken down or removed by order of the Commission. Sec. 9. The owner of a permit shall be required to occupy only such space along the water front or the waters adjacent thereto as are provided for in such permit. Per- mits provided for hereunder shall not be transferable nor shall any part of the premises covered by the permit be subject to any other per- son, firm, or corporation without the consent of the Commission. Sec. 10. That upon the passage and adoption of this ordinance a cer- tified copy thereof shall be filed with the City Clerk of the City of Du- buque to be by him transscribed in the Book of Ordinances of said City and the same shall go into effect from and after its publication by said Clerk in the official newspaper of said City, as provided by laly, and a copy thereof shall be kept posted in a conspicuous place in the office of the Board of Dock Commis- sioners. Passed, adopted and approved this 9th day of April, 1930. P. S. FAWKES, President. J. W. WINALL, J. A. KERPER, Attest: J. A. KERPER, Secretary. Published officially in the Tele- graph- Herald and Times - Journal newspaper April 17th, 1930. JOHN STUBER, City Clerk. April 18, 1930. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your informal meeting held April 17, a communication from Lor- enz Laundry requesting permission to drill a well in the sidewalk space opposite their plant on 19th Street was referred to me to view the grounds, and this is to advise that I have viewed the grounds and see no objection to granting the permission, provided the sidewalk is replaced in a manner suitable to this office. Respectfully submitted, O. A. KRATZ, City Manager. Councilman Jansen moved that the prayer of the petition be grant- ed. Seconded by Councilman Schuck- ert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. April 14th, 1930. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and pol- Special Session, April 21st, 1930 129 idles and desire to have your appro- val on same for filing. SIGNS. Fluckiger Motor Company, 490 Central Avenue; U. S. Fidelity & Guaranty Co. Diamond's Grille, Federal Bank Bldg.; U. S. Fidelity & Guaranty Co. Spahn & Rose Lumber Co., 11th and Jackson Streets; U. S. Fidelity & Guaranty Co. Spiritual Science Society, 236 W. 9th Street; Bond No. 76835, Mary- land Casualty Co. Adam Zillig, 1347 Central Ave- nue; Bond No. 17 -12- 291 -28, U. S. Fidelity & Guaranty Co. Majestic Garage, 144 Locust Street; Policy No. AG- 240801, Iowa Mutual Liability Insurance Co. Becker - Hazelton Co., 280 -284 Iowa Street; Policy No. 594367, Southern Surety Company. Spensley Theatre, 4th and Main Streets; Policy No. OLT- 403892, Globe Indemnity Company. HEATING CONTRACTORS. P. J. Burke, 130 West 13th Street; Bond No. 17 -12- 877 -24, U. S. Fidelity & Guaranty Co. Curtis & Company, 1069 Main Street; Bond No. 17 -12- 676 -24, U. S. Fidelity & Guaranty Co. GENERAL CONTRACTOR. Harry J. Schiltz, 125 South Hill Street; Bond No. 17 -12- 644 -24, U. S. Fidelity & Guaranty Co. T. G. Efferding, 74 South Grand- view; Bond No. 549771; Hartford Ac- cident & Indemnity Co. Respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andlefinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of C. O. D. Laundry Co. asking that the balance of the 1927 and 1928 and all of the 1929 personal tax against their laundry be can- celled, stating that the Board of Supervisors granted this petition and they hereby ask that the City Council give them the same consid- eration. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Joseph Fuhrman, stat- ing that when Central Avenue was improved and widened, his sidewalk was ruined and in order to avoid 130 Special Session, April 21st, 1930 Special Session, April 28th, 1930 131 accidents he had it repaired. He hereby asks that the City Council re- imburse him for the amount of the repairs. Bill attached for $70.00. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Mrs. W. Sanders, 612 Providence Street, asking that the 1929 and 1930 installments for the improvement of Johnson Avenue be cancelled and that the City give her husband employment so he will be able to support his family and pay his taxes. Councilman Jansen moved that the petition be received and filed. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Annual report of the City Treas- urer for the fiscal year ending March 31st, 1930, presented for approval. Councilman Andelfinger moved that the report be approved and placed on file. Seconded by Council- man McEvoy. Carried by the follow- ing vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Lida Slattery referred to the Council by the Board of Su- pervisors, asking that hte 1929 tax on Lot 14 be cancelled, also her per- sonal tax. Councilman Jansen moved that the petition be received and filed and the Board of Supervisors be notified 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. Claim of Rent -a -Ford Co. in the sum of $35.60 for damages to car by driving over a defective manhole cover in front of 654 Seminary Street, referred to the City Solicitor at a former meeting, was reported on by the Solicitor. He recommend- ed that the City settle with him for $24.60. Councilman Andelfinger moved that the recommendation of the City Solicitor be approved and the Aud- itor be instructed to draw a warrant in the amount of $24.60 in favor of the Rent -a -Ford Co., settlement in full for said claim. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. City Solicitor Czizek reported that the City holds tax sale certificates against the property of Clara Dris- coll, Kaufmann Avenue, 355, for the improvement of Kaufmann Avenue, and he recommends that the City ac- cept $25.00 in full for this assess- ment and upon payment of same surrender the certificates. Councilman Andelfinger moved that the recommendation of the City Solicitor be approved and the City Treasurer be instructed accordingly. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman McEvoy moved that John Robinson be permitted to ped- dle fruit without procuring a license, being an ex- soldier. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that a notice be published notifying the abutting property owners on Cen- tral Avenue from 22nd Street and Kaufmann Avenue to 32nd Street that there will be conducted a hear- ing on the proposed improvement of Central Avenue, at which meeting property owners on said street may appear and file their objections, if any they have, against said proposed improvement. Seconded by Council- man Andelfinger. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Councilman Andelfinger moved to adjourn. Carried. Approved 1930 Adopted , 1930 Councilmen Attest: L City Clerk. CITY COUNCIL (Official.) Special Session, April 28th, 1930. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 7:40 P. M. Present —City Manager Kratz, Mayor Meuser, Councilmen Andel- finger, Jansen, McEvoy, Schuckert. Mayor Meuser read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of levying a special assessment for construction of sewer and water connections to Lot 2, Sub. 2 of 2 of City Lot 670, on the improvement of West 17th Street and Clark Street; adopting a resolution of necessity and conduct- ing a hearing for the construction of a sanitary sewer in Groveland Street; considering bids for the im- provements of Viola Street, Custer Street and Nowata Street, and act- ing on any other business that may properly come before the meeting. Proof of publication, certified to by the publisher, of the City Coun- cil's intention to levy a special as- sessment and issue certificates to pay for the construction of sewer and water connections on West 17th Street and Clark Street, from the South property line of West Locust Street to the East property line of Pierce Street. Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Return of service sworn to by Donald Bandy that he posted the notice of assessment along the line of the improvement. Councilman Schuckert moved that the return of service notice be re- ceived and filed. Seconded by Coun- cilman McEvoy. Carried. by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckertt Nays —None. Resolution No. 161 -30. Resolved by the City Council of the City of Dubuque, that to pay for the installing of sewer and water connections in and alofig West 17th Street and Clark Street from the south property line of West Locust Street to the east property line of Pierce Street, by Curtis & Co., con- tractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter' named, sit- uate and owned, and for the several amounts set opposite each lot or par- cel of real estate, as follows. Special assessment submitted Ap- ril 28, 1930. 25 Lin. ft. 4 -inch tile pipe at $1.84 per lin. ft. $ 46.00 31 Lin. ft. 3 /4 -inch water pipe at $2.80 per lin. ft 86.80 Extra expense .13 Total ........$132.93 All of which is assessed in pro- portion to the special benefits conferred. Approved April 28th, 1930. Adopted April 28th, 1930. WM. H. MEUSER, Mayor. M. B. ANDELFINGER, ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 175 -30 Authorizing the Issuance of Certificates. Whereas, the contract hreetofore entered into by the City of Dubuque for .the installing of sewer and water connections in West 17th Street and Clark Street from the south prop- erty line of West Locust Street to the east property line of Pierce Street has been completed and the Engineer has computed the cost and expense thereof and special assess- ments have been levied by the City Council against the lots or parcels of real estate benefited by such im- provements and it is now deemed advisable to provide for the issuance of certificates to pay the contractor for the construction of such improve- ments; now therefore Be it resolved by the City Council of the City of Dubuque that the Mayor be and he is hereby directed to execute and deliver to the City Treasurer, to be by him registered and countersigned certificates as follows: One certificate in the sum of $132.93 for assessment levied against Lot 2 of the Sub. of Lot 2 of 2 of City Lot 670, Donald Morrow Estate, owner. Each certificate shall be numbered consecutively and be made in favor 132 Special Session, April 28th, 1930 of Curtis & Company, contractors, and bear date of April 28th, 1930, and be payable on or before seven (7) years after the date thereof and bear interest at the rate of 6% per annum, payable semi - annually. Principal and interest payable at the office of County Treasurer. Passed, adopted and approved this 28th day of April, 1930. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication, certified to by the publisher, of pendency of resolution of necessity for public im- provements and hearing upon plans and specifications, form of contract and cost of improvements for the construction of an eight (8) inch tile or concrete sanitary sewer, man- holes and Y branches in Groveland Street from the manhole in Burden Street to within about eighty (80) feet of Sheridan Street and in Ar- gyle Street from the manhole in Groveland Street one hundred and twenty (120) feet southerly. Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 167 -30 Necessity for Improvement. For the construction of an eight (8) inch tile or concrete sanitary sewer manholes and Y branches in Groveland Street from the manhole in Burden Street to within about eighty (80) feet of Sheridan Street and in Argyle Street from the man- hole in Groveland Street one hun- dred and twenty (120) feet south- erly. The resolution having been ap- proved and placed on file for public inspection at a meeting held April 7th, 1930, was presented for adop- tion. 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. Resolution No. 176 -30 Decision of the Council upon ob- jections to plans and specifications, form of contract, and cost of im- provements, for the construction of an eight (8) inch tile or concrete sanitary sewer manholes and Y branches in Groveland Street from the manhole in Burden Street to within about eighty (80) feet of Sheridan Street and in Argyle Street from the manhole in Groveland Street one hundred and twenty (120) feet southerly. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 177 -30. Ordering construction of an eight (8) inch tile or concrete sanitary sewer manholes and Y branches in Groveland Street from the manhole in Burden Street to within about eighty (80) feet of Sheridan Street and in Argyle Street from the man- hole in Groveland Street one hun- dred and twenty (120) feet south- erly. 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. Councilman McEvoy moved that the rules be suspended to allow any- one present who wished to do so, address the Council. Fred Gronau addressed the Coun- cil objecting to the construction of the sanitary sewer in Groveland Street. Resolution No. 176 -30 decision of the Council upon objections filed to plans and specifications, form of con- tract and cost of improvement for said sewer in Groveland Street, cov- ers this matter. Resolution No. 171 -30. Awarding contract for improving of Robinson Street from the west property line of Bluff Street, west- erly about two hundred ten (210) feet by grading said street to proper sub grade, constructing concrete curb and sidewalks, furnish steel, if necessary, extending eight (8) inch sanitary sewer and by paving said street with a concrete pavement seven (7) inches thick and twenty (20) feet wide with integral curb on one side, using either plain concrete or a quick- setting cement known as "Quickard," to Uhlrich -Paley Co., having been approved and placed on file April 21st, 1930, for one week for public inspection, presented for adoption. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication, certified to by the publisher, of the notice of con- tractors of the receipt of proposals for the improving of Custer Street from the west property line of Au- burn Street to the east curb line of Algona Street, presented and read. Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 28, 1930. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instruc- tions and our advertisement, bids were received at 10 A. M. Monday, April 28, 1930, for the paving of Cus- ter Street from the west property line of Auburn Street to the east curb line of Algona Street. I am attaching hereto a tabulation sheet showing the unit prices and total prices bid and respectfully rec- ommend that the contract for the paving of this street be awarded to James Saul & Son as their bid was the lowest bid received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution No. 178 -30: Awarding the contract for the im- proving of Custer Street from the West property line of Auburn Street to the East Curb line -of Algona Street to James Saul & Son, they being the low bidder, presented and read. << Councilman McEvoy moved that the resolution be approved and placed on file for one week. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Special Session, April 28th, 1930 133 Proof of publication, certified to by the publisher, of the notice to contractors of the receipt of pro- posals for the improving of Viola Street from the north property line of Eagle Street to the north curb line of Merz Street, presented and read. Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 28, 1930. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instruc- tions and our advertisement, bids were received at 10 A. M. Monday, April 28, 1930, for the paving of Vi- ola Street from the north property line of Eagle Street to the north curb line of Merz Street. I am attaching hereto a tabulation sheet showing the unit prices and total prices bid and respectfully recommend that the contract for the paving of this street be awarded to Uhlrich -Paley Company as their bid was the lowest bid received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution No. 179 -30. Awarding contract for the im- provement of Viola Street from the north property line of Eagle Street to the North Curb line of Merz Street, to Uhlrich -Paley Co., they be- ing the lowest bidders, presented and read. Councilman Schuckert moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication, certified to by the publisher, of the notice to contractors of receipt of proposals for the improving of Nowata Street from the South Curb line of West 14th Street to the North Curb line of Julien Avenue, presented and read. Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman McEvoy - Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. April 28, 1930. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held November 25, a petition from five property owners on West Fifth Street re- questing a reduction in their assess- ments due to the fact that John Street was vacated between West Fifth and Cooper Street was re- ferred to your City Manager for in- vestigation and report. Your City Manager feels that the Council erred in vacating John Street before those benefiting there- by or those acquiring the vacated street paid for the assessment of the intersection of John Street, and therefore believes that the prayer of the petitioners should be granted as he feels they are entitled to a reduction due to the fact that they are paying for something that they will not benefit from. The recommendation is as fol- lows: All being in Coriell's Dubuque Subdivision. South one hundred twenty -five (125) feet, Lot 1, C. E. Kinney, $ 7.47. South one hundred twenty -five (125) feet, Lot 2, Henry and C. Holtz, $7.47. West forty (40) feet, Lot 3, Wil- liam Meyer, $6.58. East ten (10) feet, Lot 3, William Meyer, $6.04. Lot 4, R. G. Ebberly, $30.17. Lot 5, Jay Luckey, $30.17. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved and the Aud- itor be instructed to draw warrants in the various sums in favor of the persons named in the petition. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. An Ordinance, being Ordinance No. 7 -30, changing the grade on Nowata Street, presented and read. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Councilman Schuckert moved that the rules be suspended requiring an Special Session, April 28th, 1930 135 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 S chuckert. Nays —None. The Ordinance was read a second fime. Councilman Schuckert moved that this be considered the second read- ing of the ordinance. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays- -None. An Ordinance, being Ordinance No. 8 -30, establishing the grade on Viola Street, presented and read. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The ordinance was read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Louis Baumhover, stat- ing that when the assessment was levied for the improvement of Main Street from Kaufmann Avenue to Seminary Street he was assessed $2.99 too high and he hereby asks to be reimbursed for this amount, on Lot 24, Marsh's Addition. City Manager Kratz reported that he had investigated this claim and finds that this statemetn is true. Councilman McEvoy moved that the claim be allowed and the Aud- itor be instructed to draw a warrant in this amount in favor of said L. J. Baumhover. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen 134 Nays —None. Special Session, April 28, 1930. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instruc- tions and our advertisement, bids were received at 10 A. M. Monday, April 24, 1930, for the paving of No- wata Street from the south curb line of West Fourteenth Street to the north curb line of Julien Avenue. I am attaching hereto a tabulation sheet showing the unit prices and total prices bid and inasmuch as the City owns four lots in the assess- ment district and the City's share of this improvement would be approx- imately twenty per cent of the total or approximately $1,000 and due to the fact that this street, at the pres- ent time, has no houses on it that will be benefited by this improve- ment and the fact that the City has such a small appropriation for pub- lic improvements and the fact that so many more needed improvements have been eliminated from the 1930 program, I am recommending that bids be rejected on this street and that the improvement be not made during 1930. Respectfully submitted, O. A. KRATZ, City Manager. 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. Nays— Counmilman Schuckert. Notice of appeal from the special assessment on lots 19 and 20, Grand- view Heights Add., for the improve- ment of Plymouth Street, to the Dis- trict Court of Dubuque County, filed by Cunningham and Kerz, attorneys for Clifford L. Sheffield, owner. Councilman McEvoy moved that the petition be referred to the City Solicitor. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Notice of suit, Ethel Loper, plain- tiff, against the City of Dubuque in the sum of $10,000 on account of personal injuries sustained in fall- ing on an icy sidewalk in front of 574 West 5th Street. Taylor & Knoll, attorneys for plaintiff. Councilman Schuckert moved that the notice be referred to the City Solicitor. Seconded by Councilman • April 28th, 1930 McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of C. O. D. Laundry, re- ferred to the Council by the County Board of Supervisors, asking that the 1929 personal tax be cancelled. Councilman Jansen moved that the petition be referred back to the Board of Supervisors take indepen- dent action. Seconded by Council- man McEvoy. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Samuel Koppel asking permission to peddle ice cream with- out procuring a license therefor, stating that he operates an ice cream stand, but the income is small and he is compelled to peddle the cream to make a living. Councilman Jansen moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of the City Auditor for the fiscal year of 1929 presented for approval. Councilman Schuckert moved that the report be approved and placed on file. Seconded by Councilman .Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of John H. Bradley, Guy Spera, et al., stating that when the boulevard lights were installed on Grandview Avenue, the light at the intersection of Perry Street and South Grandview Avenue was re- moved, and the residents hereby petition the Council to install a light on Perry Street at the intersection of the alley first west of Grandview Avenue. Councilman Schuckert moved that the petition be referred to the City Manager. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas- -Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —Nc • 136 Special Session, April 28th, 1930 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman McEvoy moved that the City Manager be instructed to notify the Chief of Poloice that an- gular parking be prohibited on 4th Street from Central Avenue to Lo- cust Street. Seconded by Council- man Schckert. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays- -None. Ordinance No. 6 -30, having pass- ed upon first and second reading, April 21st, 1930, presented and read a third time. r Ordinance No- 30. ( An Ordinance amending an ordin- ance entitled "An ordinance creat- ing and establishing 'West Dubuque Sewer District,' which district em- braces all of the lands within the drainage area of the sewer system to be constructed within the same, declaring that all lands within said districts are benefited by the sewers to be constructed therein and sub- ject to special assessments for the payment of the cost of such sewers and appurtenances thereto and defin- ing all of such lands which are sub- ject to be furnished with sewer con- nections or drainage by said sewer system to be adjacent property" by changing the name of the district in the title thereof to "West Dubuque Sewer District No. 1," also by chang- ing the limits of said district by eliminating therefrom certain de- fined areas; also by eliminating therefrom the construction of cer- tain sanitary sewers, force mains, storm sewers and appurtenances, re- ferred to in said ordinance. Be it ordained by the City Council of the City of Dubuque: Par. 109, Section 1. That an ordi- nance entitled "An ordinance creat- ing and establishing 'West Dubuque Sewer District,' which district em- braces all of the lands within the drainage area of the sewer system to be constructed within the same; declaring that all lands within said district are benefited by the sewers to be constructed therein and sub- ject to special assessments for the payment of the cost of such sewers and appurtenances thereto and de- fining all of such lands which are subject to be furnished with sewer connections by said sewer system to be adjacent property," be and the samb is hereby amended as follows: 1. That the title of said ordinance, being ordinance No. 3 -30, be amend- ed so as to describe said sewer dis- trict as "West Dubuque Sewer Dis- trict No. 1" instead of describing the same as "West Dubuque Sewer Dis- trict" and hereafter said sewer dis- trict shall be known as West Du- buque Sewer District No. 1." 2. That par. 99, section 1, of said ordinance be and the same is hereby amended by striking therefrom all of the last paragraph of said para- graph and section commencing with the words "and bringing at the northerly point of Lot 1 of 4 of 64 of Simpson's Add." and ending with the words "to the point of begin- ning," at the end of said paargraph, so that hereafter said district shall . include all of the territory as shown in par. 90, section 1, of said ordin- ance except that portion thereof which is hereby eliminated. 3. That par. 100, section 2, of said ordinance be amended by striking therefrom all of that portion com- mencing with the words "in Concord Street from Coates Street to Marion Street" down to the end of said para- graph containing the sentence "and in Simpson Street from a point 260 feet West from Cross Street to Fre- mont Avenue." 4. That said par. 100, section 2, of said ordinance be further amended wherein the same refers to the con- struction of force mains by eliminat- ing therefrom the following: "In Coates Street from Cross Street to Concord Street; in Concord Street from Coates Street to a point 300 feet North of Coates Street." 5. That said par. 100, section 3, be further amended wherein the same refers to the construction of storm sewers by eliminating there- from the following: "across Lot 12 and Lot 7 of Sister's Add. from Stet - more Street to Fremont Avenue." 6. That said par. 100, section 2, be further amended wherein the same refers to the construction and instal- lation of Fairbanks -Morse Sewage Lift Stations by eliminating there- from station No. 583. Par. 110, section 2. That with the exception of those portions of said ordinance which are hereby elimin- ated and with the exception of the changes hereby made in the title of said ordinance, said ordinance shall be in force and effect in form and manner as the same was adopted by the City Council of the City of Du- buque on the 31st day of March, 1930. Par. 111, section 3. This ordin- ance being deemed urgent and of im- mediate necessity and in the inter- est of public health and general wel- fare, shall be in force and effect from after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ing this 21st day of April, 1930. Passed, adopted and approved this 28th day of April, 1930. W. H. MEUSER, Mayor. ED. McEVOY, GEO. 0. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially May 1st, 1930, in the Telegraph - Herald & Times - Journal newspaper. JOHN STUBER, City Clerk. Councilman Schuckert moved that the Ordinance be adopted. Seconded by • Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 180 -30. Whereas the City of Dubuque has instituted appropriate proceedings for the laying and constructing of sanitary and storm sewers within a district described as "West Dubuque Sewer District," said district being delimited as defined by Ordinance No. 6 -30; and a right of way ten feet in width through private prop- erty and along a ravine and natural water course is needed for the con- struction and maintenance of such sewer, said property being described as Lots 33, 51, and 52, Quigley's Sub- division of the City of Dubuque; and Whereas Lot 33 of said subdivis- ion is owned by Peter Linden, whose residence is Route No. 6, Dubuque, Mosalem Township, Dubuque Coun- ty, Iowa, and Lots 51 and 52 of said subdivision are owned by John Bie- berman Est., having their residence at 2005 Dodge in the City of Du- buque, Iowa; and Whereas a plat showing and de- scribing said right of way over and across said lots has been duly pre- pared by the City Engineer and a copy thereof is hereto attached and made a part hereof; and Whereas the owners of said lots and the officers of the City of Du- buque are unable to agree upon a price to be paid for said right of way and it is necessary to condemn the right of way across said lots, as shown by said plat; Now Therefore: Be it Resolved by the City Council of the City of Du- buque, that the Sheriff of Dubuque County be and he is hereby peti- tioned to summon a jury of six free holders of the City of Dubuque, the same to act as a commission to as- 'Special Session, April 28th, 1930 137 sess the damages to the real estate above described on account of the right of way herein referred to, as above described on account of the right of way herein referred to, as shown by the plat hereto attached and that appropriate proceedings be taken by said Sheriff of Dubuque for the purpose herein stated, all as pro vided for in chapter 36 of the Code of Iowa, 1927, Be It Further Resolved, That the City Clerk of the City of Dubuque be and he is hereby directed to certify this resolution to the Sheriff of Du- buque County, Iowa, together with a plat of the right of way referred to. Passed, adopted, and approved this 31st day of March, 1930. WM. H. MEUSER, Meuser. GEO. 0. JANSEN, ED. McEVOY, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 9 -30. An Ordinance providing for the vacation of the Alley first westerly of Althauser Street from Merz Street to Eagle Street and granting and conveying the same to the Indepen- dent School District of the City of Dubuque, Iowa, presented and read. Councilman Schuckert moved that this be considered the first reading of the Ordinance. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man McEvoy. Carried by the follow- ing vot6: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The Ordinance was read a second time. Councilman Schuckert moved that this be considered. the second read- ing of the Ordinance. Seconded by Councilman Jansen. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Louis Wemett 76 George Davis 73 Respectfully submitted, R. L. WOODWARD, Chairman. E. J. RYAN, J. E. ERNSDORFF, - Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to before me this 24th day of April, 1930. (Seal) M. E. WOLFIE, Notary Public. Councilman McEvoy 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. There being no further business, Councilman Andelfinger moved to adjourn. Carried. JOHN STUBER, City Clerk. Approved 1930 Adopted 1930 Councilmen: Attest: City Clerk. Special Session, April 28th, 1930 139 138 Special Session, April 28th, 1930 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 10 -30. An Ordinance establishing a pub- lic alley from Merz Street to Eagle Street, between Althauser Street and Riverview Street, presented and read. Councilman Schuckert moved that this be considered the first reading of the Ordinance. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilman Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. - The Ordinance was read a second time. Councilman Schuckert moved that this be considered the second read- ing of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with chapter 289 of the Iowa State Code, 1927, The Civil Service Commission conducted an examination for appli- cants to the Police and Fire Depart- ments on April 7th, 1930. The following ten names on the Fire Department and five on the Police Department lists are those who have passed the mental and physical examinations with the high- est average, .and are respectfully submitted for your information and approval: Fire Department: Thomas Garvin 97 Theodore Whelan 90 Edward Welu 80% Herman P. Knoernschild 73% Ellwood Flick 93% Earl P. Oeth 88% Leonard J. Carew 77 John P. Schadle 93% Eugene G. Graham 87% Charles J. Higgins 77 Police Department: John J. Dolan 88 Charles S. Post 82 Cyril V. Behr 87% I Wm. P. Oster 72 Carl H. Ellerman 86 Respectfully submited, R. L. WOODWARD, Chairman. J. E. ERNSDORFF, E. J. RYAN, Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to before me this 24th day of April, 1930. (Seal) M. E. WOLFE, Notary Public. Councilman Schuckert 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. To the Honorable Mayor and City Council. Dubuque, Iowa. Gentlemen: In accordance with chapter 289 of the Iowa State Code of 1927, the Civil Service Commission conducted promotional examinations for mem- bers of the Police and Fire Depart- ments on April 7th, 1930. The results obtained from these examinations are to stand on file for the year end- ing March 31st, 1931. The following is a schedule of those who passed with the highest average and are respectfully sub- mitted for your information and ap- proval. Eligible for promotions: POLICE DEPARTMENT Roy Aitchison 93 Oscar Livermore 78 Ray Horsfall 86 Ed Vosberg 75 John Derreberry 83 Eligible list for promotions to cap- tains on the Fire Department: Al Brewer 100 John Welch 83 Thos. Hickson 100 Roy Tierney 100 4ligible list for promotion to Lieu- tenants on Fire Department: John Stafford 96 William Higgins 87 Henry Murray 84 Chalmers Corzine 72 Vincent Kluck 89 Jim Dolan 86 Louis Donovan 81 H. Cosgrove 87 Mayhew Bennett 84 John McCann 81 Eligible list for promotion to En- gineers on Fire Department: Chester Lorenz 100