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1928 January Council ProceedingsCITY 000NCIL (Official) Regular Session January 3rd, 1928. January 2nd, 1928, having been generally observed as New Years day, the meeting adjourned to Jan. 3rd, 1928. Council met at 5 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser and Yount. Absent — Councilman Schrempf. Petition of J. C. Cullen asking that a street light be installed at the in- tersection of Lowell and Abbott Streets, stating that this is a very dark corner and a street light is very necessary. Councilman . Meuser moved that the" petition be referred to the City Manager. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Yount. Nays —None. Absent — Councilman Schrempf. Claim of Wm. Berg against the City in the sum of $100.00 on account of personal injuries sustained in fall- ing on an ice covered sidewalk on Keppler Street near the north side of Seminary Street. He states that this happened while on his way to work on Dec. 27th at about 6:30 P. M., that it was dark at the time, the light having been turned off. He broke two liga- ments in his right hand and asks the above amount to pay for med- ical attendance and time lost. Councilman Maclay moved that the petition be referred to the City Solicitor. Seconded by Councilman Meuser . Carried by the following vote: Yeas —Mayor Melchior, Council- men Macley, Meuser and Yount. Nays —None. Absent — Councilman Schrempf. Report of City Solicitor on the pe- tition of Christine Siekwarth, refer- red to him at a previous meeting. Stating that he had investigated the matter and that although the records do not show anything pertaining to this particular case, that the Coun- cil agreed to show her some leniency when the assessments were levied against her property Lot 74 Union Add., for the improvements of Bry- ant Street and Cleveland Ave., and he recommends that the Council cancel the interest and penalties against this property, she being anx- ious to pay at this time. Councilman Maclay moved the Treasurer be instructed to accept the original assessments and cancel the Regular Session, January 3rd, 1928 1 interest and penalties. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Macley, Meuser and Yount. Nays —None. Absent — Councilman Schrempf. Petition of Bridget Brunskill re- ferred to the City Council by the Board of Review exempted her from paying taxes in former years, and she now asks that her taxes for the year 1926 be exempted, on east 24 feet of lot 22 in Cox's Addition. Councilman Meuser moved that the prayer of the petition be grant- ed and the Board of Supervisors be notified of the Council's action. Seconded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Marley, Meuser and Yount. Nays —None. Absent — Councilman Schrempf. City Clerk Stuber reported that F. W. Woodward, general manager of the Telegraph- Herald and Times - Journal newspaper, informed him that the publishing of official notices, etc. will be 95 cents an inch, that they cannot possibly do the work for less, and if the City will not pay at this rate they will refuse to publish any more notices. Councilman Meuser moved that the printing bills now on file be paid on the base as rendered, and future bills be paid at the above rate. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Macley, Meuser and Yount. Nays —None. Absent — Councilman Schrempf. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928> Councilmen i Attest: City Clerk. 1928 INDEX —Book 58 SUBJECT Y Mar. 5 —Y. M. C. A., Petition to stretch banner across street July 10— Yount, Earl, Councilman, appointed Mayor pro -tem Nov. 16— Yount, Earl, Councilman, appointed Mayor pro -tem Z Mar 30— Zwack, Anton, Contractor's bond April 16— Ziegler, Albert, Contractor's bond " 25— Zillig, Adam, sign bond Aug. 31— Zwack, Anton, petition for extension of time on contract of Dodge Street Sewer Dec. 28— Zwack, Anton, Suit against Dock Board and City of Dubuque Page 19 180, 191 391, 470 43 49 62 282 514 2 Special Session, January 16th, 1928 CITY COUNCIL (Official) Special Session January 16th, 1928. Meeting called by order of Mayor Melchior and Councilman Maclay. Council met at 4:30 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, and Yount. Absent — Councilmen Meuser and Schrempf. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting on petitions and any other business that may come before the Council. Petition of Nick Lumbardi, stating that he is a World War veteran, that he has a wife and four children, that he cannot obtain work and he hereby asks that the Council grant him ex- emption from paying a license for peddling fruit. Councilman Maclay moved the prayer of the petition be granted. Seconded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent — Councilmen Meuser and Schrempf. Petition of the Page Hotel Co., by K. J. Page, secretary, relative to the grade on White Street and Fourth Street, stating that the grade is too low and water floods his cellar. This matter was up before, and the Coun- cil at that time viewed the premises. Councilman Maclay moved that this condition be remedied as soon as the weather permits. Seconded by Councilman Yount. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent — Councilmen Meuser and Schrempf. Plumbers excavation bond of Chas. Pape & Son, presented for ap- proval. Being properly executed, Council- man Maclay moved that it be re- ceived and placed on file. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent — Councilmen Meuser and Schrempf. Sign bond of Max Berk presented. Being properly executed, Council- man Maclay moved that it be re- ceived and placed on file. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council - men Maclay and Yount. Nays —None. Absent — Councilmen Meuser and Schrempf. Petition of Ernst J. Worst referred to the Council by the Board of Su- pervisors, asking that the tax for 1927 on lots 14 and 15 Bush's Sub. and South of 161 feet of lot 10 be suspended, stating that he is sick and unable to contribute to public revenue. Councilman Maclay moved that the petition be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent — Councilmen Meuser and Schrempf. - Petition of Mrs. Frances Chihak, referred to the City Council by the Board of Supervisors, asking for cancellation of the 1927 tax on North half of lot 287 East, Dubuque Addi- tion, assessed at $1200.00, stating that the only income she has is $15 a month rent, that the house has been vacant for the past two months and that she can hardly make both ends meet, and that it will be im- possible to pay the tax. Councilman Maclay moved that that the petition be referred to the City Solicitor. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent -- Councilmen Meuser and Schrempf. Report of the City Waterworks for the month of December, 1927. Report of the City Treasurer for the month of December, 1927. Report of the City Auditor for the month of December, 1927, presented. Councilman Maclay moved that the reports be approved and placed on file. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent— Councilmen Meuser and Schrempf. Petition of C. F. Weidlich, stat- ing that on Jan. 7th, 1928, the street department sent a street flusher for the purpose of pumping out water in the basement, next door, west of his residence: In order to get there it seemed necessary to use his private drive- way. The flusher being to heavy for this driveway, Crushed it and spread Special Session, January 16th, it out in several places. The street commissioner, Mr. Link, repaired it temporarily and promised that the City will place it in the condition it was in as soon as the weather per- mits. He requests that he receive a letter from the Manager or Coun- cil to the effect that he may be as- sured a new driveway, or that the present driveway be placed in as good condition as it was before the flusher damaged it. This matter will be taken care of. No motion. Petition of Gust Schnee, stating that he would like to lease a piece of property owned by the City, situ- ated near the City Waterworks at Eagle Point. Councilman Maclay moved that the ,petition be referred to the super- intendent of the Waterworks and the City Manager. Seconded by Council- man Yount. Carried by the follow- ing vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent— Councilmen Meuser and Schrempf. Petition of Peter McCarthy, stat- ing that he is owner of a tract of land in the Dubuque Harbor Im- provement Company's Add. on 7th Street extension, and has negotia- tions on for its sale to out of town parties. The principal objections they make to the porperty is the fact that there is only one street to the river and they would want it for its connections and accessibility to the river as they would expect a boat landing on the river from which it would be easy to get to and from. They are looking forward to the de- velopment of the river traffic. Their principal objection as now constitut- ed, that it is necessary to go over private property to load and unload from the south side of block nine (9) now owned by him, and which is in eluded in the negotiations, as well as all of block ten (10) lot 2 of S. L. Co. Add. and lots 1, 2, 3, 4 and 16 of block thirteen (13) and a few other lots in the same tract. Before buying this tract in order to be safe they would want the ex- tentions of Bell Street and Market Street graded to 8th Street and 8th Street graded to the river front, and a landing built at the foot of 8th street, at the river. This would give them another approach and exist from the river without going on pri- vate property from which they might be at any time stopped. He hereby asks the Council to in- dicate what may be expected from it 1928 3 in regard to grading the streets here- in named and the building a boat landing at the foot of 8th Street on City Property. Councilman Maclay moved that the petition be referred to the full Council to view the grounds. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent— Councilmen Meuser and Schrempf. Superintendent J. W. McEvoy of the City Waterworks, presented an ordinance entitled, An Ordinance es- tablishing rules and regulations for installing water service, making con- nections with water mains, and fix ing rentals and the collection there- of, and providing a penalty for the violation thereof. Councilman Maclay moved that the ordinance be referred to the Council for investigation and dis- cussion. Seconded by Councilman Yount. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent— Councilmen Meuser and Schrempf. Petition of James T. Lee, agent, asking the cancellation of the sign bond of the Bennett Garage, stating that the garage is out of business and that the sign has been taken down. Councilman Maclay moved that the prayer of the petition be grant- ed. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent — Councilmen Meuser and Schrempf. Application of E. W. Ovitz for a certificate to operate a motor bus carrying passengers exclusively. The City of Dubuque, a municipal corporation, in the State of Iowa, consents to the operation of a motor bus of the applicant herein, within and through the City of Dubuque, to and from the terminals used in the City, upon condition that the ordin- ances of the City, now in force, rela- tive thereto, shall be complied with by the applicant. The said applicant is complying with all ordinances of the said City of Dubuque, and the laws of the State of Iowa, in conducting his busi- ness. The proposed route and sched- 4 8:15 A. M. Special Session, January 16th, 1928 ule of said motor bus is as follows: South Bound Read Down Read Down Trip No. 1 Stations Trip No. 2 Lancaster 1:00 P. M. 7:00 A. M. Patteville 1:30 P. M. Dickeyville Kieler Dubuque, Ia. 3:00 P. M. North Bound Read Up Read Up Trip No. 3 Stations Trip No. 4 10:30 A. M. Lancaster 10:00 A. M. Platteville 6:15 P. M. Dickeyville Kieler 8:45 A. M. Dubuque, Ia. 5:00 P. M. is approved. Dated at Dubuque, Iowa, this 16th day of January, 1928. CITY OF DUBUQUE, By H. G. Melchior, Mayor. John Stuber, City Clerk. Councilman Maclay moved that the permit be granted and the May- or and City Clerk be instructed to execute the same. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent— Councilmen Meuser and Schrempf. Application of David Bottoms, sole trade as Mound City Transfer Com- pany for a certificate to operate a motor truck to carry freight exclu- sively. The City of Dubuque, a municipal corporation, in the State of Iowa, consents to the operation of a motor truck of the applicant herein, with- in and through the City of Dubuque, to and from terminals used in said City, upon condition that the ordin• ances of said City, now in force, or hereafter adopted, relative thereto, shall be compiled with by said ap- plicant. The said applicant is now comply- ing with all ordinances of the City of Dubuque, and the laws of the State of Iowa, in conducting his business. The proposed route and schedule of said motor truck is as follows: South Bound North Bound Read Down Stations Read Up Trip No. 1 Trip No. 2 7:30 A. M. Platteville 3:00 P. M. 8:15 A. M. Dickeyville 2:15 P. M. 8:30 A. M. Kieler 2:00 P. M. 8:45 A. M. State Line 1:45 P. M. 9:00 A. M. Dubuque, Ia. 1:30 P. M. is approved. CITY OF DUBUQUE, By H. G. Melchior, Mayor. John Stuber, City Clerk. Councilman Maclay moved that the permit be granted and the May- or and City Clerk be instructed to execute the same. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Yount. Nays —None. Absent — Councilmen Meuser and Schrempf. Mayor Melchior stated that the term of P. S. Fawkes as Dock Com- missioner has expired, and that it is necessary to appoint a Dock Com- missioner. Councilman Maclay moved that P. S. Fawkes be reappointed as a member of the Dock Board for a term of three (3) years. Seconded by Councilman Yount. Carried by the following vote: Yeas—Mayor Melchior, Council- men Maclay and Yount. Nays—None. Absent — Councilmen Meuser and Schrempf. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted Councilmen Attest: 1928. City Clerk. (Official) Special Session, Jan. 31st, 1928. Meeting called by order of Mayor Melchior and Councilman Meuser. Present —City Manager Douglas, Mayor Melchior, Councilmen Meuser and Yount. Absent — Councilman Maclay and Schrempf. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting on petitions and any other business that may come before the meeting. In Railroad Commission of Wis. In matter of the application of Platteville Transfer Co., by H. F. Beckwith, for a certificate to oper- ate a motor truck to carry freight exclusively. The City of Dubuque, a municipal corporation, in the State of Iowa, consents to the operation of a mo- tor truck of the applicant herein within and through the City of Du- buque, to and from the terminals used in said City, upon conditions that the ordinances of said City now in force or hereafter to be adopted, relative thereto, shall be complied with by said applicant. The said applicant is now comply- ing with all ordinances of said City of Dubuque and the laws of the State of Iowa, in conducting his business. The proposed route and schedule of said motor truck, as follows: South Bound North Bound Read Down Stations Read Up Trip No. 1 Trip No. 2 7:30 A. M. Platteville 3:00 P. M. 8:15 A. M. Dickeyville 2:15 P. M. S:30 A. M. Kieler 2:00 P. M. 8:45 A. M. State Line 1:45 P. M. 9:00 A. M. Dubuque, Ia. 1:30 P. M. is approved. Dated at Dubuque, Iowa, this 31st day of January, 1928. CITY OF DUBUQUE, By H. G. Melchior, Mayor. John Stuber, City Clerk. • Councilman Meuser moved that the petition of the applicant be granted and the Mayor and Clerk be authorized to execute the same. Seconded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Petition of C. E. Bradley, et al, asking that West 3rd Street frdm Grandview Avenue to Algona Street be graded this year. Special Session, January 31st, 1928 5 CITY 000NOIL Councilman Meuser moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council. men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Petition of Mrs. Julia O'Rouike re- ferred to the City Council by the County Board of Supervisors, asking for a reduction in her taxes for 1927, stating that she has a sick daughter depending on her, and that the only money she has is the insurance that she received when her son was killed in the war, and that she paid for a sanitary sewer lately, and that she don't see how she can meet her expenses. Councilman Meuser moved that the petition be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Petition of M. R. Kane to the City Council asking that the City make an adjustment of the taxes for the year 1927, assessed against the pro- perty of the Times - Journal Co., stat- ing that the taxes for the year 1927 assessed against the Times - Journal Co. amount to as follows: For State, County and School purposes, $875.25; for municipal, City of Dubuque, $492.75; making a total of $1368.00. That on or about April 3rd, 1927, there was a consolidation of the pro- perties of the Times - Journal Co. with the Telegraph- Herald and since that time the publication of the consoli- dated newspaper has been made by the Telegraph- Herald. That the property so assessed was used during the first three months of the year 1927, but upon such con- solidation it ceased to be used and became of no value except what can be realized out of it for junking pur- poses and it has little value. That while said property was used and had a little value for one - quarter of said year 1927 and became prac- tically valueless for the remaining three - quarters of said year. Mr. Kane as secretary of said Times - Journal would like to have the ques- tion of the taxes ab.,ve mentioned adjusted, and thinks that a fair ad- justment would be to pay one half of the amount assessed. And he here- by asks that the Board of Supervis- ors and the City Council remit and cancel one half of the taxes as above 6 Special Session, January 31st, 1928 set out. A duplicate petition of the above was referred to the Council by the Board of Supervisors. Coucilman Meuser moved that the petition referred to the Coun- cil by the said Times - Journal Co. be referred to the City Solicitor. Seconded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. The petition of the Times - Journal Co. referred to the Council by the Board of Supervisors, to be returned to said Board. A communication from the Tele- graph- Herald relative to publication of Council proceedings, official no- tices, etc. To the Honorable Mayor and City Council of the City of Dubuque. Gentlemen: With the consolida- tion of the Telegraph - Herald and Times - Journal newspapers and the combining of the circulations it be- comes necessary to read just the arrangements for the publication of the City Council proceedings, city notices, etc. At the time we were under the im- pression that we would carry this advertising at the rate that had been previously allowed the two newspa- pers, vz., 80 cents per inch. Since this time, however, our ex- perience has demonstrated that this would be wholly inadequate to cover the cost of the service. Therefore, at a meeting with the City Council the matter was fully explained and the proposition was submitted to continue the publica- tion of these items at our lowest commercial rate, viz., 95 cents per inch. Because of the previous under- standing we are willing to accept the SO cent rate on publications of mat- ter prior to January 1st, 1928. After that date, however, the 95 cent rate must apply on any proceedings, city notices, etc., that appear in this newspaper. You will understand that in granting this rate of 95 cents, we are allowing the lowest rate that applies to any commercial advertis- er and that in order to obtain same a formal contract of two thousand (2,000) inches or more must be ent- ered into. In according this rate to the City we feel that we are giving a rate that is very fair for the service ren- dered. Your very truly, THE TELEGRAPH - HERALD and TIMES- JOURNAL, .By F. J. McLaughlin, Advertising Manager. Councilman Meuser moved that the petition be made a matter of record. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Sign bond of John Juergens & Son, and renewal of sign bonds of Geo. C. Rath & Son, Al. Avenarius, De Luxe Cafeteria, Ruprecht Bros., Can- field Hotel, Lemper & Genz, Griner, Jones Co., Jos. W. Lange, Flukiger Motor Co., Gengler's Cafe, Temple of Sweets, presented for approval. Being properly executed, Council- man Meuser moved that they be re- ceived and placed on file. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Petition of Bennie Sherman ask- ing that the City Council reimburse him in the amount of $661.61 which amount he claims he deposited in the police headquarters for safe keeping, on the night of Dec. 31st, 1927, and when he called to get it on Jan. 3rd, 1928, it had disappeared. Councilman Meuser moved that the petition be received and filed. Seconded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. City Council proceedings for the month of December, 1927, presented for approval. Councilman Meuser moved that they be approved as printed, and placed on file. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Petition of Elizabeth Adam, stat- ing that when she had her property at 821 South Grandview Avenue connected with the sewer, she en- gaged a plumber to do the work for $65.00. Owing to the fact that they had trouble in locating the place where the connection was to be made, they had the Engineer come up and he could not locate the place. The plumbers, after spending consid- erable time, finally located the place. This extra work cost me $30.00 more than the original price, and I here- by ask that the City stand this extra expense. Councilman Meuser moved that the petition be received and filed. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Yount. Nays —None. Absent — Councilmen Muclay, Schrempf. Resolution. Whereas, Rockdale Road from the South line of Southern Avenue, southerly to the City Limits in the City of Dubuque, Iowa, is a contin- uation of Primary Roads No. 61 and No. 161; and Whereas, the houses on said road average not less than two hundred feet apart; and Whereas, said road and highways are in need of improvement by grad- ing and hard surfacing; and Whereas, by virtue of Chapter 101 of the Acts of -the 42nd G. A. the Highway Commission of the State of Iowa has jurisdiction to improve, by hard surfacing, highways within cities which are to improve, by hard surfacing, highways within cities which are a continuation of Primary Roads, for a width of twen- ty feet; and Whereas, it is deemed advisable and necessary to take advantage of such provisions of the law; now, therefore Be it resolved by the City Council of the City of Dubuque, that the Highway Commission of the State of Iowa be and it is hereby requested to improve or pay the cost of improv- ing, by hard surfacing, Rockdale Road from the South line of South- ern Avenue, southerly to the City Limits of the City of Dubuque, said road being a continuation of Prim- ary Roads No. 61 and No. 161. Be it further resolved that a cer- tified copy of this resolution be sent to the Highway Commission at Ames, Iowa, by the City Clerk. Passed, adopted and approved by the City Council of the City of Du- buque this 31st day of January, 1928. H. G. MELCHIOR, Mayor. WH. H. MEUSER, Councilmen EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Special Session, January 31st, 1928 7 Absent — Councilmen Maclay and Schrempf. CERTIFICATE OF CITY CLERK. State of Iowa, Dubuque County. I, John Stuber, City Clerk of the City of Dubuque, do hereby certify that the foregoing Resolution is a correct and compared copy of the Resolution adopted by the City Council of the City of Dubuque on the 31st day of January, 1928, as the same appears on file in my office. JOHN STUBER, (Seal) City Clerk. Petition of Dubuque Baseball Club. To the City Manager C. E. Douglas, and Members of the City Council of Dubuque. Gentlemen: The Dubuque Base- ball Club herewith Petition you for an extension of three years of a lease held by this club on the Munic- ipal Athletic Field during the years 1926 and 1927. Respectfully yours, DUBUQUE BASEBALL CLUB. Fred Leiser, President. Counciman Meuser moved that the petition be referred to the City Council and City Solicitor. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Yount. Nays--None. Absent — Councilmen Maclay, Schrempf. Report and recommendation of City Solicitor on thq petition of Mrs. Clara Driscoll, stating that in 1912 an assessment was -levied against her property, Lot Sub. of 3 and 4 of 135, L. H. Langworthy's Add., Lot 2, for the improvement of Kaufmann Avenue. The assessment with in- terest and penalties amounted to $120.21 and was purchased by the City at tax sale. The City Solicitor recommends that the City surrender to her the tax sale certificate on payment of $50.00. Councilman Meuser moved that the recommendation of the City Solicitor be approved and the Treas- urer be instructed to accept $50.00 in payment of this assessment, and upon payment of same surrender tax sale certificate. Seconded by Coun- cilman Yount. Carried by the follow- ing vote: Yeas —Mayor Melchior, Council- men Meuser, Yount. Nays —None. Absent — Councilmen Maclay, Schrempf. Report of the City Solicitor stat- ing that he has effected a settlement with Lyon & Willging, attorneys for H. M. Kingsley in the sum of $400.00 8 Special Session, January 31st, 1928 for personal injuries and damages to automobile when he drove into an unprotected sewer catch basin. Councilman Yount moved that the action of the City Solicitor be ap- proved and a warrant be drawn in the amount of $400.00 in favor of Lyon & Willging in settlement of this claim, and the Treasurer and Auditor be instructed accordingly. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Yount. Nays —None. Absent — Councilmen Maclay, Schrempf. Report of the City Solicitor, stat- ing that he has made a settlement with Frantzen, Bonson & Gilloon, at- torneys for Anita Henry, in the sum of $400.00 in settlement for a person- al injury suit against the City. Miss Henry was injured in falling on a defective sidewalk. Councilman Meuser moved that the action of the City Solicitor be approved and that a warrant be drawn in favor of Frantzen, Bonson & Gilloon in the sum of $400.00 in settlement of this claim, and the Auditor and Treasurer be instruct- ed accordingly. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Report of the City Manager and Superintendent of the City Water- works; on the petition of Gus, Schnee referred to them at a prev- ious meeting, whereby Mr. Schnee asked to lease a piece of City pro- perty located near the City Water- works at Eagle Point. They recom- mend that the prayer of the peti- tion be not granted. Councilman Meuser moved that the recommendation of the City Manager and Superintendent of City Waterworks be approved. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Peter McCarthy addressed the Council relative to grading streets in Dubuque Harbor Improvement Co. Add. Councilman Meuser moved that the matter be referred to the City Council and City Solicitor to meet with Mr. McCarthy. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent — Councilmen Maclay and Schrempf. Councilmen Meuser moved that Dr. E. J. Ryan, whose term as a civil service commissioner has ex- pired, be reappointed as a member of the Civil Service Board for the term ending March 31st, 1934 as provided by law. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Meuser and Yount. Nays —None. Absent— Councilmen Maclay and Schrempf. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen Attest: City Clerk. Regular Session, February 6th, 1928 9 GITY 000NCIL (Official) Regular Session, February 6, 1928. Council met at 4:30 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Meus- er and Schrempf. Absent — Councilmen Maclay and Yount. Mayor Melchior stated that this is the regular monthly meeting of the Council for the transaction of such business as may properly come be- fore the meeting. Petition of Robert J. Courtney ask- ing that the City construct a proper sized catch-basin at the intersection of the alley at the western limits of the City on Seminary Street, to take care of the flood waters at this intersection. Water blocked at this' intersection during heavy rains is forced to flow east on Seminary Street, creating a most unsanitary condition. Councilman Schrempf moved that the petition be referred to the City Engineer. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Schrempf. Nays —None. Absent — Councilmen Maclay and Yount. Petition of Ed. Muntz, stating that in December, 1923, he bought at tax sale, lot 60 and 61 in Grandview Heights Add. for the unpaid taxes of 1922, assessed to Albert Kuhn, for the amount of $4.64 for each lot mak- ing a total of $9.28. He now finds that said lots are being used by the City for street and parking purposes, and should 'never have been taxed. However unless he is reimbursed for the amount invested for said tax, he shall be entitled to a Treasurer's Deed, which will be satisfactory to him, but no doubt. the assessment and sale was a mistake, and he asks that the petition be considered, and the $9.28 be returned to him for the tax sale certificates now held by him. Councilman Meuser moved that the prayer of the petition be granted and the Auditor be instructed to draw a warrant in the said amount in favor of Ed Muntz upon the as- signment by him of said certificates. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor Melchior, Council- men Meuser and Schrempf. Nays —None. Absent — Councilmen Maclay and Yount. Bonds for the operation of display signs of Payson Berg, Alex Asoman- akus and John Deskalakis and renewal of sign bond of Grand Opera House and Strand Theatre, present- ed for approval. Being properly executed, Council- man Meuser moved that they be re- ceived and placed on file. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Schrempf. Nays —None. Absent — Councilmen Maclay and Yount. Application with bonds attached, of the Great Atlantic and Pacific Tea Co., John A. Hartford, George A. Hartford and J. C. Breckenridge owners, for permits to sell cigarettes at the following places, 784 Main Street, 1540 Central Ave., 2404 Cen- tral Ave., 2700 Jackson Street, 1091 Julien Ave., presented for approval. Being properly executed, Council- man Meuser moved that the bonds be received and placed on file and permits be granted. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Schrempf. Nays —None. Absent — Councilmen Maclay and Yount. Petition of Raymond Klass, asking that his bond be cancelled, stating that he is no longer in the contract- ing business. Councilman Meuser moved that the prayer of the petition be grant- ed. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser and Schrempf. Nays —None. Absent— Councilmen Maclay and Yount. Councilman Maclay entered and took his seat at 4:45 P. M. Report of the City Auditor for the month of January, 1928. Report of the City Treasurer for the month of January, 1928. Report of the City Waterworks for the month of January, 1928. Councilman Meuser moved that the reports be received and placed on file. Seconded by Councilman Schrempf. Carried by the following vote. Yeas — Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. City Solicitor Czizek reported that he settled the claim of H. C. Ohlsen against the City, on account of dam- ages to his automobile by running