1928 July Council Proceedings170 Special Session,
fees collected for storage tanks, I
beg to state that since the Code
'went into effect in 1924, fees have
been collected on all oil fuel tanks
installed.
In all instances fees were paid
voluntarily by the party applying for
the permit. An inspection was given
when the Department was notified
before the tanks were covered up. I
recommend that the communication
and bill attached be received and
filed.
Respectfully yours,
JAMES C. MAC INERNEY,
Building Commissioner.
Councilman Schuckert moved that
the recommendation of the Building
Commissioner be approved. Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Schuckert.
Nays —None.
Absent — Councilmen Meuser and
Yount.
Report of the City Council on the
petition of the Dubuque Play Ground
presented to the Council .at a ses-
sion held June 4th, 1928, and re-
ferred to the Council for considera-
tion. Council reported favorably.
Councilman McEvoy moved that the
prayer of the petition be granted.
Seconded by Councilman Schuckert.
Carried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Schuckert.
Nays —None.
Absent — Councilmen Meuser and
Yount.
Mayor Maclay read a communica-
tion from Traub & Elfman, agents
for the Olinger Park property, where-
by they offer to sell to the City the
property known as Olinger Park for
the sum of $30,000 and give the City
an option of 30 days.
Councilman Schuckert moved that
the communication be referred to
the Council for further considera-
tion. Seconded by Councilman Mc-
Evoy. Carried .by the following
vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Schuckert.
Nays —None.
Absent — Councilmen Meuser and
Yount.
Councilman Schuckert moved that
the City Engineer be instructed to
prepare plans and specifications for
a sanitary sewer in Thomas Street.
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Schuckert.
Nays —None.
Absent — Councilmen Meuser and
Yount.
Councilman Schuckert moved that
June 21st, 1928
the City Engineer be instructed to
prepare plans and specifications for
the improvement of Windsor Avenue
from the end of the present improve-
ment on Windsor Avenue to Davis
Avenue. Seconded by Councilman
McEvoy. Carried by the following
vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Schuckert.
Nays —None.
Absent — Councilmen Meuser and
Yount.
Councilman Schuckert moved that
the City Engineer prepare plans and
specifications for the improvement
of the intersection of Perry and Ri-
der Streets. Seconded by Council-
man McEvoy. Carried by the follow-
ing vote:
Yeas — Mayor Maclay, Councilmen
McEvoy, Schuckert.
Nays —None.
Absent — Councilmen Meuser and
Yount.
Councilman Schuckert moved that
a resolution be prepared authorizing
the City Manager to construct a
storm sewer in Elm Street from 19th
to 20th Streets. Seconded by Coun-
cilman McEvoy. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Schuckert.
Nays —None.
Absent -- Councilmen Meuser and
Y ount.
There being no further business,
Council adjourned.
JOHN STUBER,
City Clerk.
Approved 1928.
Adopted 192S.
Councilmen
Attest:
City Cleric
Regular
OITY COONOIL
(Official)
Regular Session July 2nd, 1928.
Council met at 5:00 P. M.
Present —City Manager Kratz,
Mayor Maclay, Councilmen McEvoy,
Meuser, Schuckert.
Absent — Councilman Yount.
Mayor Maclay stated that this is
the regular monthly meeting of the
City Council for the transaction of
such business as may properly cone
before the meeting.
RESOLUTION ORDERING TIIE
CONSTRUCTION OF STREET
IMPROVEMENTS; THE MAKING
OF UNDERGROUND CONNEC-
TIONS; THE CONSTRUCTION
OF PERMANENT SIDEWALKS,
DRAINS AND DRIVEWAYS;
AND DIRECTING THE CLERK
TO ADVERTISE FOR BIDS.
Be it resolved by the City Council
of the City of Dubuque, that pursu-
ant to a resolution of necessity pro-
posed at a meeting of this Council
en the 4th day of June, 1928, the
street and other public improve-
ments described herein be and the
same are hereby ordered by this
Council upon its motion and with
or without the petition of property
owners, the street improvements to
consist of grading, paving, draining,
curbing and guttering in, upon and
along the following named streets,
o wit: Dell Street from the south
property line of West 14th Street to
the north property line of Arlington
Street; Perry Street from the west
property line of South Grandview
Avenue to end of present improve-
ment; Railroad Street from the east
property line of South Locust Street
to the east property line of South
Main Street and South Main Street
from the north property line of Rail-
road Street to the end of the present
brick pavement; Carlotta Street
from the east property line of Al-
pine Street to the west property line
of Alta Vista Street, the paving to
consist of the following materials
and methods of construction to wit:
by paving with 6 inch plain concrete
and the curb and gutter to be of
concrete construction, or old stone
curb may be reset where advisable.
The railroad portion of the street
shall be paved with either 2 inch
Kentucky Rock Asphalt or 2 inch
Carey Elastite Block on a 4 inch by
8 inch timber foundation between
the rails and one foot outside there-
of. All of the work shall be con-
structed in accordance with the plans
and specifications heretofore adopt-
Session, July 2nd, 1928 171
ed and now on file in the office of
the City Clerk. Be it further resolved
that underground connections with
sewer, water and gas mains •in said
streets be and the same are hereby
ordered made to the curb line of ad-
jacent property. Be it further re-
solved that the sidewalks, driveways
to private property and water drains
along said streets be and the same
are hereby ordered constructed, re-
constructed or repaired. Be it fur-
ther resolved that the cost and ex-
pense of the street improvements be
paid for by levying special assess-
ments against the privately owned
property lying within the assessable
distance from the improvements,
whether such property abut upon
the same or are adjacent thereto,
according to the area thereof and in
proportion to the special benefits
conferred, and any deficiency will
be paid out of the general or the
improvement funds of the City, or
partly from each of such funds. Pay-
ment will be made to the contractor
out of the funds realized from the
sale of bonds to be issued in antici-
pation of deferred payments of as-
sessments as provided by law after
the work has been completed and ac-
cepted by the City Council.
The cost and expense of making
underground connections shall be
levied against the lots or parcels of
real estate for whose benefit they
are made and the cost of expense
of constructing, reconstructing or
repairing sidewalks, drains and
driveways shall be levied against the
lots or parcels of real estate for
whose benefit they are constructed
and the contractor shall be paid eith-
er in cash upon completion and ap-
proval or from the proceeds of bonds
that may be issued in anticipation
of the collection of the assessments.
Be it further resolved that separ-
ate contracts will be entered into
for each street improvement unless
two or more streets constitute a con-
tinuous or connected thoroughfare
and the limits are defined, and as-
sessments for the cost will be made
for each improvement. Be it fur-
ther resolved that the City Clerk be
and he is hereby ordered and direct-
ed to advertise for proposals for the
construction of the various improve-
ments herein provided for in the
manner provided by law, all of which
improvements shall be completed on
or before the 1st day of October,
1928. Be it further resolved that
this resolution be deemed urgent and
of immediate necessity shall be 111
force and effect from and after its
passage and 'adoption by the City
Council.
Approved this 2nd day of June,
•
172 Regular Session, July 2nd, 1928
1928, and placed on file for one
for public inspection.
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
H. F. SCHUCKERT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Coun-
cilman McEvoy. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, and Schuckert.
Nays —None.
Absent — Councilman Yount.
RESOLUTION
Whereas action upon the passage
of resolution of necessity for the im-
provement of Burch Street from the
north property line of Fenelou
Street to the south property line of
Hill Street, was postponed at a
meeting of this Council held on June
21, 1928, and this Council having
now been fully advised in the prem-
ises;
Be it therefore resolved that said
resolution of necessity, providing
for the improvement of said street
as stated therein, be and the same
is hereby adopted and all of the pro-
visions of said resolution are hereby
made a part hereof, and the plans
and specifications provided therefor
be and the same are hereby ap-
proved, said improvement to be con-
structed in accordance with said
plans and specifications.
Passed, adopted and approved this
2nd clay of July, 1928.
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
H. F. SCHUCKERT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved the ad-
option of the resolution. Seconded
by Councilman Schuckert. Carried
by the following vete:
Yeas —Mayor Maclay, Councilmen
Meuser, and Schuckert.
Nays — Councilman McEvoy.
Absent— Councilman Yount.
An Ordinance establishing a grade
on South Main Street having passed
first and second reading, presented
for final reading and adoption, the
Ordinance was read' a third time.
week GRADE ORDINANCE. b l0``°
AN ORDINANCE ESTABLISHING A
GRADE ON SOUTH MAIN
STREET FROM THE SOUTH
PROPERTY LINE OF CHARTER
STREET TO THE NORTH PROP-
ERTY LINE OF RAILROAD
STREET.
Be it Ordained by the City Council
of the City of Dubuque:
Section 1. That an ordinance. es-
tablishing a grade on South Main
Street from the south property line
of Charter Street to the north prop-
erty line of Railroad Street, be and
the same is hereby adopted as shown
by the profile of said street and
grade as prepared by the City Engi-
neer, being profile: No. 1192.
Said grade begins at station 0 +40.
which is the south property line of
Charter Street, east and west curb
elevation 19.1, thence to station
2+50, east and west curb elevation
19.1, thence to station 7+00, east
and west curb elevation 18.7, thence
to station 8+48.35, which is the
north property line of Railroad Street
east and west curb elevation 16.6.
Section 2. This ordinance shall
be in force and effect ten days after
its passage and adoption by the
Council and its publication as pro-
vided by law.
Passed first reading, June 18, 1928.
Passed second reading, June 18.
1928.
Passed, approved and adopted,
July 2, 1928.
JOHN H. MACLAY,
Mayor.
ED, McEVOY,
HENRY F. SCHUCKERT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk. ,
Published officially in the Tele-
graph- Herald and Times - Journal
newspaper, July 5, 1928.
JOHN STUBER,
July 5 -1t. City Clerk.
Councilman Meuser moved the
adoption of the Ordinance Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
An Ordinance establishing a grade
on Railroad Street, having passed
first and second reading, presented
for final reading and adoption. The
Ordinance was read a third time.
ED, ' McEVOY,
HENRY F. SCHUCKERT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Published officially in the Tele-
graph- Herald and Times - Journal
newspaper, July 5, 1928.
JOHN STUBER,
July 5 -1t. City Clerk. N
Councilman Meuser moved the -
adoption of the ordinance. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser; Schuckert.
Nays —None.
Absent — Councilman' Yount.
GRADE ORDINANCE.
AN ORDINANCE ESTABLISHING A
GRADE ON RAILROAD STREET
FROM THE WEST PROPERTY
LINE OF SOUTH MAIN STREET
TO THE EAST PROPERTY
LINE OF SOUTH LOCUST
STREET.
Be it ordained by the City Council
of the City of Dubuque:
Section 1. That an ordinance es-
tablishing a grade on Railroad
Street from the west property line
of South Main Street to the east
property line of South Locust Street,
be and the same is hereby adopted
as shown by the profile of said street
and grade as prepared by the City
Engineer, being Jr�rofile No. 1193.
Said grade; being8 at station 0 +00,
which is the west property line of
South Main Street, north and south
curb elevation 16.6, thence to sta-
tion 2 +20, which is the east prop-
erty line of Salina Street, north and
south curb elevation 17.0, thence to
station 2+84, which is the west
property line of Salina Street, north
and south curb elevation 17.0, thence
to station 6+34.35, which is the east
property line of Harrison Street,
north and south curb elevation 18.8,
thence to station 6+98.35, which is
the west property line of Harrison
Street, north and south curb eleva-
tion 18.8, thence to station 10+47,
which is the east property line of
South Locust Street, north and
south curb elevation 24.0.
Section 2: This ordinance shall
be in force and effect ten days after
its passage and adoption by the
Council and its publication as pro-
vided by law.
Passed first reading, June 18, 1928
Passed second reading, June 18.
1928.
Passed, approved and adopted,
July 2, 1928.
JOHN H. MACLAY,
Regular Session,
Mayor.
July 2nd, 1928 173
Ordinance No. 202 establishing a
street in the City of Dubuque, here-
after to be known as Terminal
Street, having passed first reading
June 21st, presented.
Councilman Meuser moved that
the Ordinance be read a second time.
Seconded by Councilman Schuckert.
Carried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
The Ordinance was 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 Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Councilman McEvoy moved that
the rules requiring an ordinance to
be read on three separate days be
suspended. Seconded' by Council-
man Meuser. Carried by the follow-
ing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent— Councilman Yount.
The Ordinance was then read a
third time.
Ordinance No. 202.
An Ordinance establishing a street
in the City of Dubuque, hereafter to
be known as Terminal Street, • lo-
cated on the Outer Levee along the
east line of Dubuque Harbor Com-
pany's Addition from the north line
of Block 6, said addition to the south
line of Railroad Street.
Whereas, the City of Dubuque is
the owner of the Levee lying east of
the East line of Dubuque Harbor
Company's Addition extending from
the north line of Block 6, said addi-
tion southerly to Railroad Street and
it is deemed advisable by the City
Council of said city to establish, lay
out and open a street for public tra-
vel thereon at a width of 60 feet
commencing at the north line of
Block 6, Dubuque Harbor Company's
Addition, thence southerly to the
south line of Railroad Avenue along
the east line of said Dubuque Har-
bor Company's Addition: Now there-
fore
a Be it Ordained by the City Council
of the City of Dubuque:
Par. 957. Section 1. That that
portion of the outer Harbor at a
width of 60 feet lying along the east
line of Dubuque ' Harbor Company's
Addition and c at the
north' line of Block 6', said addition,
i
174 Regular Session, July 2nd, 1928
and thence southerly to the south
line of Railroad Street, be and the
same is hereby established as a pub-
lic street in the City of Dubuque,
said street to be hereafter known
and called by the name of Terminal
Street.
Par. 958. Section 2. That the City
Clerk be and he is hereby directed
to record with the County Recorder
of Dubuque County, Iowa, a copy of
this ordinance and a plat showing
the location of said street and there-
after said street shall be opened and
used for public purposes, and all
obstructions and fences located
thereon shall be removed therefrom.
Section 3. This ordinance shall be
in force and effect ten days from and
after its final passage and adoption
by the City Council and publication
as provided by law.
Passed upon first reading this 21st
day of June, 1928.
Passed, adopted and approved up-
on final reading this 2nd day of July,
1928.
�
.(, UST JOHN H. MACLAY,
s )\ Mayor.
0 , q ED. McEVOY,
rl' WM. H. MEUSER,
t, HENRY F. SCHUCKERT,
0
Councilmen.
C\ N ) ) Attest • JOHN STUBER,
City Clerk.
Councilman Meuser moved the ad-
, option of the Ordinance. Seconded
by Councilman McEvoy. Carried by
the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent— Councilman Yount.
An Ordinance, being Ordinance
No. 203 establishing or re- establish-
ing a street in the City of Dubuque
to be known as East First Street,
having passed first reading June 21,
1928, present.
Councilman Schuckert moved that
the Ordinance be read a second time.
Seconded by .Councilman McEvoy.
Carried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent— Councilman Yount.
The Ordinance was read a second
time.
Councilman Schuckert moved that
this be considered the second read-
ing of the Ordinance. Seconded by
Councilman Meuser. Carried by the
following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Councilman McEvoy moved that
the rules requiring an Ordinance to
be read on three separate days be
suspended. Seconded by Councilman
Meuser. Carried by the following
vote: •
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, and Schuckert.
Nays —None.
!Absent— Councilman Yount.
The Ordinance was then read a
third time.
ORDINANCE NO. 203. (
AN ORDINANCE ESTABLISHING
OR RE- ESTABLISHING A
STREET TO BE KNOWN AS
EAST FIRST STREET BEING 60
FEET IN WIDTH AND LYING
NORTH OF THE NORTH LINE
OF DUBUQUE HARBOR COM-
PANY'S ADDITION BEING A
PORTION .OF THE INNER
LEVEE LOCATED SOUTH OF
THE DUBUQUE ICE HARBOR.
Whereas, That portion of the in-
ner levee lying north of the north
line of Dubuque Harbor Company's
Add. and extending easterly from
the east line of Iowa street, has been
heretofore used as a public thorough-
fare being designated as First Street
Extension, and some doubt has arisen
as to whether said street was estab-
lished as a street by ordinance or
otherwise, and in order to remove
said doubt it is deemed advisable
by the City Council t f the City of
Dubuque to establish or re- establish
said street: Now therefore
Be it Ordained by City Council of
the City of Dubuque:
Par. 959. Section 1. That that
portion of the inner levee lying north
of the north line of Dubuque Harbor - �G'-
Company's Addition extending from
the east line of Iowa street easterly
to the east line of Block 6, Dubuque
Harbor Company's Addition at a
width of 60 feet be and the same is
hereby established or re- establish-
ed as a public street in the City of
Dubuque, said street to be known
and called by the name of East First
street.
Par. 960. Section 2. That the City
Clerk be and he is hereby directed
to file this ordinance for record with
the Recorder of Dubuque County,
Iowa, and thereafter said street shall
be opened and used as a public
thoroughfare of said city and all ob-
structions or fences now located
thereon shall be removed therefrom.
Section 3. This ordinance shall be
in force and effect ten days from and
after its final passage and adoption
by the City Council and publication
as provided by law.
Passed upon first reading this 21st
day of June, 1928.
Passed, adopted and approved upon
final reading this 2nd day of July,
1928.
JOHN H. MACLAY,
Mayor.
ED M'EVOY,
WM. H. MEUSER,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Published officially in the Tele-
graph- Herald and Times- Journal
newspaper, July 5th, 1928.
JOHN STUBER,
7 -5 -1t City Clerk.
Councilman Meuser moved the ad-
option of the Ordinance. Seconded
by Councilman McEvoy. Carried by
the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Petition of Lorenz Dyers and
Cleaners, asking permission to con-
struct a pent house or viaduct across
the alley between Washington and
Jackson Streets at 19th Street.
Councilman Schuckert moved that
the rules be suspended to allow any-
one who wished to do so to address
the Council. Seconded by Council-
man Meuser. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Mr. Lorenz addressed the Council
relative to the petition, and stated
that the viaduct would be high
enough so as not to interfere with
traffic.
Councilman Meuser moved that
the prayer of the petition be grant-
ed, subject to the approval of the
City Manager and Building Commis-
sioner. Seconded by Councilman
Schuckert. Carried by the follow-
ing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Petition of property owners and
citizens in the vicinity of Morrison
Bros. Tank Shop, objecting to the
24 hour bombardment of rivet ham-
mers and corking machines at night
especially after 9 o'clock P. M. The
undersigned do not in any way wish
to interfere with the operation. of
Morrison Bros. Boiler Works at 24th
and Elm Street in any manner, but
do insist that they discontinue to
use the air hammers and corking
machines after 9:00 P. M. and Sun-
days. Signed by Jos. A. Grab, Geo.
Pregler, J. A. Ulrich, et al, (31)
signers.
Councilman Meuser moved that
the petition be referred to the City
Regular Session, July 2nd, 1928 175
Manager. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Report of the Building Commis-
sioner on the communication of the
Gould Battery and Electric Co.,
(Wm. Mulligan, Prop.) stating that
the signs has been removed and rec-
ommends that the bond be can-
celled.
Councilman Schuckert moved that
the recommendation of the Building
Commissioner be approved and the
bond cancelled. Seconded by Coun-
cilman Meuser. Carried by the fol-
lowing vote:
Yeas — Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
June 26, 1928.
To the Honorable Mayor,
and City Council,
Dubuque, Iowa.
Gentlemen: At your meeting held
June 18th a petition from Chas.
O'Connor requesting a lease for a
term of years on lot 22 Morgan's
Subdivision, was referred to your
City Manager for report.
Your City Manager has investigat-
ed this proposition on the ground
and finds, upon looking up the rec-
ords, that the City does not own lot
22, but that a man by the name of
Edward Muntz is the owner and he
is objecting very strenuously to the
proposition of allowing Mr. O'Con
nor to build a garage in front of his
lot, also several of the property own-
ers in the immediate vicinity are ob-
jecting to same, and it is therefore
the recommendation of your City
Manager that the petition be denied.
Very respectfully,
O. A. KRATZ,
City Manager.
Councilman Meuser moved that
the recommendation of the City Man-
ager be approved. Seconded by
Councilman McEvoy. Carried by the
following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Petition of Mrs. Julia O'Rourke,
1895 Audubon Street, referred to the
Council by the Board of Supervisors,
asking that the last 1 /z of the 1927
tax against lots 33 and 34 Rosedale
Add. and lot 2 of 37 Woodlawn Park
Add. be cancelled and also for years
to come, stating that the only in-
come she has is the insurance on
her son, who was killed in the war.
Councilman Meuser moved that
the petition be referred to the City
I
Councilman Schuckert moved that
the petition be referred to the City
Manager. Seconded by Councilman
McEvoy. Carried by the following
vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Petition. of Jos. H. Rhomberg, ask-
ing that his property Blocks 3, 4, 5
and six and lots 34, 35, 36, 37 and 38
Block 11 Dubuque Harbor Improve-
ment Company's Addition . be exclud-
ed front the fire limits.
Councilman McEvoy moved that
the petition be refererd to the City
Manager. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor Maolay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Communication from the State
University of Iowa, Iowa City, to O.
A. Kratz, City Manager, Dubuque, Ia:
Dear Sir: We should be greatly
pleased to have you attend and take
part in the sixth Commonwealth Con-
ference on the Political Issues of
1928, which will be held at the State
University of Iowa, June 9, 10, 11.
Yours truly,
Benj. F. Chambaugh,
Chairman.
Councilman Meuser moved that
the communication be received and
filed. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
The matter of James Waecheff who
together with his son were injured
at 11th and Iowa Streets when they
were run into by a fire truck came
up for discussion. I
'Councilman Schuckert moved that
the City settle this matter by pay-
ing the doctor and hospital bills and
compensating Mr. Waecheff for the
time lost while laid up with his in-
juries, amounting to $285.38, and the
Auditor be instructed to draw a war -
rant. in favor of James Waecheff in
said sum, settlement in full for said
claim. Seconded by Councilman Mc-
Evoy. Carried by the following vote:
Yeas— Mayor' Maclay, Councilmen
McEvoy, Meuser and Schuckert'.
Nays —None.
Absent — Councilman Yount.
July 2, 1928.
To • the Honorable City Council
Dubuque, Iowa.
Gentlemen:
The following persons' or firms
haver filed applications• for 'permits to
sell cigarettes at their places of busi-
Regular Session, July 2nd, 1928 177
ness in the City of Dubuque. They
have filed. bonds and have paid the
fee of $100.
I submit herewith, for your appro-
val, bonds filed by these persons or
firms and would recommend that
permits be issued to the following:
Benj. L. Baumhover, 1040 Julien
Avenue.
Julien Dubuque Hotel Cigar Stand,
2nd and Main Streets.
John P. George, 241 Main Street.
Carl A. Clark, 976 Main Street.
Mrs. N. B. Joseph, 120 West 1st
Street.
Geo: J. Trimpler, 1701 Asbury
' Street.
Brunswick Recreation Hall, 34th
and Jackson Streets.
E. T. Cosgrove and C. J. Young,
401 Main Street.
Schroeder- Kleine Grocer Co., 40 -42
Main Street.
Mrs: M. K. McCarty, 304 Main
Street:
Harry J. Jacquinot, 1850 Central
Avenue.
Jos. C. Schneider, 2900 Central
Avenue.
Thos. F. McCoy, 801 Iowa Street.
Albert J. Mackert, 135 West 7th
Street.
Torbert Drug Co., 44 Main Street.
John G. Becker, 2162 Central
Avenue.
Charles Petrakis, 1958 Central
Avenue.
Clarence C. Buelow, 2555 South
Grandview Avenue.
Hartig Drug Co., Inc., 756 Main
Street.
The following is a list of those
whose bonds have been renewed for
the year commencing July 1st, 1928,
and who have paid the license fee of
$100:
John L. Kies & Theo. J: Kies, 1348
Central Avenue.
A. H. Eichman, 2119 Rhomberg
Avenue.
Stamatios Constantinos, 1410 Cen-
tral Avenue.
Myers -Cox Co., 409 -419 Iowa
Street.
George Miller, 23 -24 West 4th
Street.
Jos'. J. Fettgather, 1044 Central
Avenue.
Lawrence Nielson; 378 Main
Street.
Anton Fortman, 234 Main Street.
John S. Mayerle, 400 Central
Avenue.
Chris Linehan, 1618 Central Ave-
nue.
Wm. Horne, 400 Rlioniberg Ave-
nue.
Fitzgerald Cigar Co., 923 Main
Street:
John C. Beck; 1501 Central Ave-
nue.
rr
I
176 Regular Session, July
Solicitor. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Sign bonds of Dubuque Auto Sup-
ply Co., Grand Union Tea Co., Hart
Optical Co., Clark's Drug Store, Alois
M. Didesch, Central Hotel. Contract-
ors bond of R. F. Conlon, and heating
contractors bond of Chas. Pape &
Son, presented for approval.
Being properly executed, Council-
man Schuckert moved that they be
received and place on file. Second-
ed by Councilman Meuser. Carried
by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Petition of Ed. Muntz, owner of
lots 22, 23, 24 Morgan's Sub., abutting
on Cornell Street, on two sides, stat-
ing that Cornell Street runs east and
west on the north line of lot 24 and
north and south on the west side
of lots 22; 23, 24, parallel with West
17th Street, making a double street
for a distance of 210 feet, which is
unnecessary and will never be used
as such. The three lots above men
tioned are set back 40 feet on ac-
count of this double streeet for a
distance of 210 feet frontage. He
therefore asks that the Council va-
cate this portion of Cornell Street
from the north property line of lot
24 to the south property line of lot
22 Morgan's Sub., a distance of 210
feet long and 40 feet wide. Coun-
cilman McEvoy moved that the pe-
tition be referred to the City Man-
ager. Seconded by Councilman
Schuckert: Carried by the following
vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Petition of resident in the vicin-
ity of Garfield and Windsor Avenues
asking that •a street light be installed
at the intersection of said streets,
signed by Fred Schilling, Frank
Schublin, Jos'. Ring, et al, (13 sign-
ers).
Councilman Meuser moved that
the petition lie referred tor the City
Manager. Seconded' by Councilman
Schuckert: Carried by the following
vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays — None.
A'bsent= Councilman Yount,
Communication of Julien Lodge
No. 379, International Association of
Machinists.
2nd, 1928
M. O: A. Kratz, City Manager and
John Stuber, Clerk.
Dear Sirs: This office is in re-
ceipt of an official communication is-
sued over the signature of the Pres-
ident of the International Ass'n of
Machinists, wherein this local is ad-
vised it has become necessary to is-
sue a strike order against the Ameri-
can LaFrance & Foamite Corpora-
tion of Elmira, N. Y., effective June
18; 1928.
In response to the information con-
tained therein, and in compliance
with the wishes of the membership
of this local in regular meeting as-
sembled am desirous of furnishing
you gentlemen with this informa
tion, with the thought in mind, that
this communication be placed on file
for immediate use at any time when-
ever any action toward purchasing
equipment of a public utility nature,
which this Company manufactures,
is contemplated by the City Commis-
sioners, and endeavor through your
offices to assist these Eastern mem-
bers of our Association, to receive
recognition at the hands of the
bands of the American LaFrance &
Foamite Corporation, and differences
properly adjusted.
This office shall be pleased at any
time to furnish you with further in-
formation if it is so desired.
Anticipating your earnest consid-
eration and worthy support in this
direction, I am with kindest regards,
Very truly yours,
H. J. Conrad, Rec. Sec'y.
rCouncilman McEvoy moved that
the communication be made a mat
ter of record. Seconded by Council-
man Schuckert. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen '
McEvoy, Mouser, Schuckert:
Nays —None.
Absent— Councilman Yount.
Communication of the Interstate
Power Co., asking permission to
abandon• the street car line known
as the Linwood line, from Central •
Avenue and 22nd Street to Windsor
Avenue and on Windsor Avenue from
East 22nd Street to Davis Avenue
and operate bus service instead.
Stating that by operating busses
they can give better service.
Councilman Schuckert moved that
the commtintcation be referred to
the City Council` and City Manager.
Seconded by Councilman Meuser.
Carried by• the following vote :'
Yeas — Maclay, Councilmen
McEvoy, Meuser, Schuckert.
NayS — None.
Absent— Councilman Yount.
Petition of Jos: H. Rhomberg, ask-
ing that Wall Street be graded' from
the levee to East 4th Street, pre'sent-
ed` and read.
178 Regular Session, July 2nd, 1928
F. W. Hubert, 509 West 8th Street.
James Paul, 623 Main Street.
Wm. Leik, 501 Rhomberg Avenue.
Dubuque Elks' Lodge, 7th and Lo-
cust Street.
Len Steiner, 2195 Delhi Street.
Geo. Ragatz, Jr., 1996 Central
Avenue.
Thidor Nacos, 530 Main Street.
Western Grocer Co., 90 -98 Main
Street.
Leo Loes, 1545 South Grandview
Avenue.
Payson Berg, 1391 Central Avenue.
V. P. Kruse, 2418 Central Avenue.
Edmund Woerdehof, 326 Main
Street.
Esther Hoar, 4th and Central Ave-
nue.
George Zillig, 2222 Central Ave-
nue.
John D. Flynn, 450 West Locust
Street.
Frank McLaughlin, 115 East 22nd
Street.
Wm. Varvis, 301 West 8th Street.
Jaeger - Kunnert Co., 404 Iowa
Street.
Alois J. Ender, 2311 Windsor Ave-
nue.
Mary Callaghan, 280 Main Street.
Arthur J. Trapp, 2400 Central
Avenue.
Mike Sand, 336 Main Street.
Leonard Schuster, 2656 Lincoln
Avenue.
Ralph Abbato, 1415 Rhomberg
Avenue.
Jay Luckey, 438 -446. Main Street.
Geo. J. Scherer, 1187 Iowa Street.
Potterveld Drug Co., •1687 Delhi
Street.
Oscar J. Haas, 1266 Central Ave-
nue.
Louis J. Knockel, 1048 Main Street.
Bart McDonnell, 1401 Central Ave-
nue.
Alois Glab, 2991 Central Avenue.
Hugh J. Kress, 55 E. 7th Street.
Leo A. Bisping, 1696 Central Ave-
nue.
Hartig Drug Co., Inc., 2510 Central
Avenue.
The Interstate Co., Illinois Central
Depot.
A. Kochendorfer, 696 Central
Avenue.
Chas. Meyers, 5 West 8th Street.
R. D. Hughes, 1006 Central Ave-
nue.
E. H. Beyer, 2117 Delhi Street.
The Great Atlantic & Pacific Tea
Co., 2700 Jackson Street.
The Great Atlantic & Pacific Tea
Co., 2204 Central Avenue.
The Great Atlantic & Pacific Tea
Co., 784 Main Street.
The Great Atlantic & Pacific Tea
Co., 1540 Central Avenue.
The Great Atlantic & Pacific Tea
Co., 1091 Julien Avenue.
W. F. Trimpler, 1585 Delhi Street.
United Cigar Stores Co., 801 Main
Street.
A. J. Hartig Co., 97 Locust Street.
T. W. Ruete Drug Co., 656 Main
Street.
Charles Falkenhainer, 1097 Julien
Avenue.
Respectfully,
ALLEN E. SIGMAN,
Sec'y to City Manager.
Councilman Schuckert moved that
the bonds, being properly executed,
be approved and placed on file and
permits granted. Seconded by Coun-
cilman McEvoy. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays - -None.
Absent — Councilman Yount.
An Ordinance, being Ordinance
No. 204, creating a Municipal Play-
ground and Recreation Commission
and defining its powers and duties;
and providing for joint maintenance
and operation of playground and re-
creation facilities with the Board of
Education of the Independent School
District of Dubuque. Presented and
read.
Councilman Meuser moved that
this be considered the first reading
of the Ordinance. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Councilman Meuser moved that
the rules requiring an Ordinance to
be read on three separate days be
suspended. Seconded by Council-
man Schuckert. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None. •
Absent — Councilman Yount.
The Ordinance was read a second
time. Councilman Meuser moved
that this be considered the second
reading of the Ordinance. Seconded
by Councilman Schuckert. Carried
by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
There being no further business,
Council adjourned and went into ses-
sion as the Board of Health.
JOHN STUBER,
City Clerk.
Approved 1928.
Adopted 1928.
Councilmen
Attest:
1
Regular Session, July 2nd, 1928
City Clerk.
Approved 1927.
Adopted 1927.
Board of
Health
Attest: _...._...._.._...._ _._.
Clerk, Board of Health.
179
BOARDD HEALTH
Regular Session, July 2nd, 1928.
Board met at 6:30 P. M.
Present —Mayor Maclay in the
Chair, Councilmen McEvoy, Meuser,
Schuckert:
Absent — Councilman Yount.
Return of Service. Notice served
on property owners as per resolu-
tions adopted at a meeting held June
18th, 1928, ordering property owners
to abandon outside privies or water
closets and connect premises with
sanitary sewer. Sworn and sub -
scrubed to by Jos. Scharry, Sanitary
Officer.
Councilman Meuser moved that
the notices be received and made a
matter of record. Seconded by Coun-
cilman Schuckert. Carried by the
following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
There being no further business,
Board adjourned.
JOHN STUBER,
Clerk, Board of Health.
1!i
■
1
Resolution of Necessity for Construc-
tion of Sewer.
Whereas, a plat and schedule has
been duly prepared by the City Coun-
cil of the City of Dubuque and now
on file in the office of the Clerk
thereof, showing the boundareis of
the district, the streets and alleys
and other places along which the
sewers are to be constructed, the
terminal points of the same, each lot
proposed to be assessed therefor, an
estimate of the cost of the same for
each different type of construction
and the kind of materials to be used
and in each the amount thereof
which it is estimated will be assess-
ed against each lot.
Be it therefore resolved by the
City Council, on its own motion:
That it is deemed necessary and
advisable to construct, lay and put in
place a 6 -inch tile sanitary sewer in
Division Street from a point about 90
feet north from the sanitary sewer in
West 24th Street to a point about
176 feet north.
Said sewer shall be provided with
manholes and any other appurten-
ances that may he necessary. Said
sewer shall be constructed in accord-
ance with the plans and specifica-
tions prepared by the City Engineer,
having been duly approved by the
City Council and Manager and State
Board of Health and now on file in
the office of the City Clerk.
That the cost and expense of mak-
ing and constructing said sewer shall
be assessed against the privately
owned property abutting thereon not
to exceed the amount provided by
law and upon such adjacent property
as might be benefited thereby and in
proportion to such benefits, and any
deficiency shall be paid out of the
general fund or sewer fund, or part-
ly from each of said funds, and bonds
shall be issued and sold in anticipa-
tion of deferred payment of assess-
ments and the proceeds thereof used
to pay the contractor.
Be it further resolved that the
above and foregoing sewers are here-
by proposed to be constructed as
hereinbefore set forth, and that this
proposed resolution, except this par-
agraph, be and the same is hereby
set down for .further and final hear-
ing, consideration and determination,
at a meeting of this Council to be
held on the 10th day of July, 1928, at
5 o'clock P. M., in the Council Cham-
ber of the City Hall of this City; and
the 'City Clerk be and he is hereby
instructed to cause notice of the
pendency of the above resolution,
and the time and place, when and
where said proposed resolution will
be considered for passage, to be
given by publication in the official
Special Session, July 10th, 1928 181
newspapers of said city, in the man-
ner and for the time prescribed by
law, at which time the owners of
property subject to assessment for
said proposed sewer may appear and
make objection to the boundaries of
the proposed district, if any, to the
cost of the proposed sewers, to the
-- amount proposed to be assessed
against any lot, and to the passage
of the proposed resolution, and un-
less property owners at the time of
the final consideration of said resolu-
tion have on file with the Clerk ob-
jections to the amount of the pro-
posed assessments, they shall be
deemed to have waived all objections
thereto.
The above resolution was ap-
proved and ordered placed on file for
final action and notice of its pend-
ency given this 21st day of June,
1928.
Passed, approved and adopted this
10th day of July, 1928.
ED. McEVOY,
EARL YOUNT.
WM. H. MEUSER,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved the
adoption of the resolution. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —Non
Absent —Ma. • Maclay.
Resolution Orders Construction of
Sewers and Directing Clerk to
Advertise for Bids.
Be it resolved by the City Council
of the City of Dubuque. that pur-
suant to a resolution of necessity,
proposed at a meeting of this Coun-
cil on the 21st day of June, 1928, and
duly passed on the 10th day of July,
1928, it is hereby ordered by this
Council, upon its own motion, and
without petition of property owners,
that the sewer described in said
resolution be constructed, the same
beine a six inch tile sanitary -sewer
in Division. Street from a point about
ninety feet north from the sanitary
sewer in West 24th Street to a point
about one hundred seventy -six feet
north. ,Said sewer shall be con-
structed in accordance with the
plans and specifications heretofore
adopted and now on file in the office
of the City Clerk. Be it further re-
solved that the. City Clerk be and he
is hereby 'ordered and directed to
advertise for proposals for the '
struction of said sewer, as provided
by .law, which sewer shall be com-
pleted on or before the 1st day of
October, 1928. The cost and expense
180 Special
GITY COUNOIL
(Official)
Special Session, July 10th, 1928.
Meeting called by order of Council-
men Meuser and Yount.
Council met at 5:00 P. M.
Present —City Manager Kratz,
Councilmen McEvoy, Meuser, Schuc-
kert, Yount.
Absent —Mayor Maclay.
Councilman Meuser moved that
Councilman Yount be appointed as
mayor pro -tem of this meeting. Sec-
onded by Councilman McEvoy. Car-
ried by the following vote:
Yeas— Councilmen McEvoy, Meu-
ser, Schuckert.
Nays —None.
Not voting — Councilman Yount.
Absent —Mayor Maclay.
Mayor pro -tem Yount read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of hav-
ing a hearing on the proposed plans,
specifications and form of contract
for the sanitary sewer in Division
Street, considering for adoption the
resolution of necessity for the con-
struction of said sewer, and acting
on any other business that may come
before the meeting.
Notice of publication, certified to
by the publisher, that there will be
conducted a hearing on the proposed
plans, specifications and form of con-
tract, for the construction of a sani-
tary sewer in Division Street.
There being no remonstrance,
Councilman Meuser moved that the
notice be received and filed. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Notice of pendency of Resolution
of Necessity for the construction of
sanitary sewer in Division Street,
certified to by the publisher.
There being no remonstrance,
Councilman Schuckert moved that
the notice be received and filed.
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Mayor Maclay.
Resolution containing the decision
of the City Council upon objections
to plans, specifications, form of
contract and cost of improvement.
Whereas, proposed plans and spec-
ifications and form of contract for
the construction of a six -inch tile
sanitary sewer in Division Street
Session, July 10th, 1928
from a point about ninety feet north
from the sanitary sewer in West
24th Street to a point about one hun-
dred seventy -six feet north, estim-
ated cost $304.00, have been ap-
proved by the City Council of the
City of Dubuque and public notice
given as provided by Chapter 23 of
the Code of Iowa, 1927, pertaining to
public contracts and bonds, and the
time and place fixed for the hearing
of all objections to said plans, specif-
ications or contract for or cost of
such sanitary sewer, said time being
this 10th day of July, 1928; and,
Whereas, the City ,Council met in
special session pursuant to legal call
this 10th day of July, 1928, at 5
o'clock P. M. at the Council Cham-
bers in the City Hall for the purpose
of hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of any of the public
sanitary sewer herein described and
proposed to be made; and
Whereas, all interested parties
have been given an opportunity to be
here and all objections which have
been filed have been duly weighed
and considered; now, therefore be it
Resolved by the City Council of
the City of Dubuque, that all objec-
tions which have been made and
filed to the plans, specifications or
contract for or cost of any said
sewer herein described and proposed
to be made, be and the same are
hereby overruled and sudh plans,
specifications and form of contract
heretofore approved are hereby
adopted.
Be it further resolved that this
resolution containing the decision of
this Council upon all objections
which have been filed to the plans,
specifications and form of contract
for or cost of said sanitary sewer be
made a matter of permanent record
in connection with said improve-
ment.
Passed, adopted and approved this
10th day of July, 1928.
W. H. MEUSER,
EARL YOUNT,
ED. McEVOY,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman McEvoy moved the
adoption of the resolution. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
1
Be it further resolved that sep-
arate contracts will be entered into
for each street improvement unless
two or more streets constitute a con-
tinuous or connected thoroughfare
and the limits are defined, and the
assessments for the cost will be
made for each improvement.
Be it further resolved that the City
Clerk is hereby ordered and directed
to advertise for proposals for the
construction of the various improve-
ments herein provided for in the
manner provided by law, all of which
improvements shall be completed on
or before the 1st day of October,
1928.
Be it further resolved that this
resolution be deemed urgent and of
immediate necessity and shall be in
force and effect from and after its
passage and adoption by the City
Council.
Approved this 2nd day of July,
1928, and ordered placed on file for
one week for public inspection.
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
HENRY F. SCHUCKERT,
WM. H. MEUSER,
EARL YOUNT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Record of Final Adoption.
The foregoing resolution being ap-
proved on the 2nd day of July, 1928,
and placed on file for one week for
public inspection, was finally passed
and adopted as proposed, by the City
Council this 10th day of July, 1928.
WM. H. MEUSER,
EARL YOUNT,
ED. McEVOY,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Mouser moved the
adoption of the resolution. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
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 of which is hereby
acknowledged, the undersigned be-
ing the owner of Lot No. 4, L. A.
Brown's Sub., in the City of Du-
buque, hereby grants and conveys to
said City of Dubuque a perpetual
right of easement in, over and across
Special Session, July 10th, 1928 183
said Lot No. 4, L. A. Brown's Sub.,
to be located parallel to and not
more than three feet from the east
boundary line of said Lot No. 4, L.
A. Brown's Sub., for the purpose of
installing and maintaining therein,
storm water drain with the right to
go upon said premises at all reason-
able times for the purpose of in-
specting and repairing the same
when installed; provided, however,
that the City of Dubuque shall re-
place whatever earth, sod or shrub-
bery that may be disturbed in the
installation or repair of said storm
drain to as good condition as it was
in before the same was disturbed.
This grant of easement shall be
binding upon the undersigned, his
heirs, executors, administrators and
assigns forever.
JOS. CHALOUPKA.
State of Iowa,
Dubuque County. 5 ss.
Be it remembered that on the
7th day of July, 1928, personally ap-
peared before me a notary public in
and for Dubuque County, Iowa, Jos.
Chaloupka, who is personally known
to me and acknowledged that he
executed the foregoing instrument as
his voluntary act and deed.
JOHN STUBER,
Notary Public in and for
Dubuque County, Iowa.
Councilman Schuckert moved that
the Grant of Easement be approved
and accepted, and made a matter of
record and be properly recorded.
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
To the Honorable Mayor and City
Council of Dubuque.
Gentlemen:
In May, 1924, Lot No. 20, McCra-
ney's First Add., belonging to Mike
Schnee was assessed for water con-
nections in the sum of $67.40.
Through a mistake upon the part of
the owner of the lot the assessment
was not paid and the lot was adver-
tised and sold at tax sale in Decem-
ber, 1926, the City becoming the pur-
chaser. The amount which the City
paid at that time was $77.98, being
$9.83 interest, $.40 being advertising
costs and $.35 certificate fee. Mr.
Schee advises me that he has just
learned that this lot was sold and
that the assessment was not paid
and he is desirous of adjusting the
same at once.
Under the circumstances I would
recommend that he be permitted to
redeem this property by paying to
the City the sum of $77.98 plus 5%
interest from date of sale, amounting
182 Special Session, July 10th, 1928
of said sewer will be paid for by
levyng special assessments against
the privately owned property abut-
ting upon said sewer and also
against such adjacent property as
might be benefited thereby and in
proportion to such benefits, and pay-
ment will be made to the contractor
out of funds realized from the sale
of bonds to be issued in anticipation
of deferred payment of assessments,
as provided by law, and any defic-
iency will be paid out of the Gen-
eral Fund or the Sewer Fund, or
partly from each of such funds.
This resolution being deemed urgent
and of immediate necessity, shall be
in force and effect from and after its
passage and adoption by the City
Council.
Approved this 10th day of July,
1928, and placed on file for one week
for public inspection.
WM. H. MEUSER,
EARL YOUNT,
ED. McEVOY,
HENRY F. SCHUCKERT,
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Council-
man Schuckert. Carried by the fol-
lowing vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Resolution ordering the construction
of street improvements, the mak-
ing of underground connections,
the construction of permanent
sidewalks, drains and driveways,
and directing the Clerk to adver-
tise for bids.
Be it resolved by the City Council
of the City of Dubuque, that pur-
suant to a resolution of necessity
proposed at a meeting of this Coun-
cil on the 4th day of June, 1928, the
street and other public improve-
ments described herein be and the
same are hereby ordered by this
Council upon its motion and with or
without petition of property owners,
the street improvements to consist
of grading, paving, draining, curbing,
and guttering in, upon and along the
following named streets, to -wit: Dell
Street from the south property line
of West 14th Street to the north
property line of Arlington Street,
Perry Street from the west property
line of South Grandview Avenue to
the end of the present improvement;
Railroad Street from the east prop-
erty line of South Locust Street to
the east property line of South Main
Street, and South Main Street from
the north property line of Railroad
Street to the end of the present
brick pavement; Carlotta Street
from the east property line of Alpine
Street to the west property line of
Alta Vista Street. The paving to
consist of the following materials
and methods of construction, to -wit:
By paving with 6 -inch concrete and
the curb and gutter to be of concrete
construction, or old stone curb may
be reset where advisable. The rail-
road portion of the street shall be
paved with either 2 -inch Kentucky
Rock Asphalt or 2 -inch Carey Elastic
Block on a 4 -inch timber foundation
between the rails and one foot out-
side thereof. All of the work shall
be constructed in accordance with
the plans and specifications hereto-
fore adopted and now on file in the
office of the City Clerk. Be it fur-
ther
Resolved that underground connec-
tions with sewer, water and gas
mains in said streets be and the
same are hereby ordered made to
the curb line of adjacent property;
be it further
Resolved, that the sidewalks,
driveways to private property and
water drains along said streets be
and the same are hereby ordered
constructed, reconstructed or re-
paired. Be it further
Resolved that the cost and expense
of the street improvements be paid
for by levying special assessments
against privately owned properly ly-
ing within the .assessable distance
from the improvements, whether
such property abut upon the same or
are adjacent thereto, according to
the area of and in proportion to the
special benefits conferred. and any
deficiency will be paid out of the
general or the improvement funds of
the City, or partly from each of said
funds. Payment will be made to the
contractor out of funds realized from
the sale of bonds to be issued in
anticipation of deferred payments of
assessments as provided by law after
the work has been completed and
accepted by the City Council. The
cost and expense of making the
underground connections shall be
levied against the lots or parcels of
real estate for whose benefit they
are made and the cost of the expense
of constructing, reconstructing or re-
pairing sidewalks, drains and drive-
ways shall be levied against the lots
or parcels of real estate for whose
benefit they are constructed, and the
contractor shall be paid either in
cash upon completion and approval
or from the proceeds of bonds that
may be issued in anticipaion of the
collection of the assessments.
184 Special Session July 10th, 1928
in all to $83.82. If this is agreeable
to your Honorable Body I would fur-
ther recommend that upon payment
of this amount to the Treasurer that
he assign the certificate to Mr.
Schnee.
Respectfully submitted,
M. H. CZIZEK,
City Solicitor.
Councilman McEvoy moved that
the recommendation of the City So-
licitor be approved and the Treas-
urer be instructed accordingly. Sec-
onded by Councilman Meuser. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilman McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
To the Honorable Mayor and City
Council of Dubuque.
Gentlemen: Several years ago
White Street from 24th to 32nd was
widened and condemnation proceed-
ings were instituted upon the prop-
erty located thereon. Certain prop-
erty belonging to the Tenhaff Estate
was taken by the City and the sum
of $87.20 allowed therefor. Due to
the fact that it was very difficult to
get a deed at that time from the pro-
per owners of the property, no deed
was procured and the sum of $87.20
was not collected. A deed now has
been made by all the interested par-
ties to the City of Dubuque, which is
attached hereto and I would recom-
mend that this deed be accepted and
filed for record and a warrant be
drawn in the sum of $87.20 in favor
of E. H. Willging, who is acting as
attorney for these parties.
Respectfully submitted,
M. H. CZIZEK,
City Solicitor.
Councilman Schuckert moved that
the recommendation of the City
Solicitor be approved and the Audit -
or be instructed to draw said war-
rant in the sum of $87.20 in favor of
E. H. Willging. Seconded by Coun-
cilman McEvoy. Carried by the fol-
lowing vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Bond for blasting rock of the Du-
buque Stone Products Co., in the
sum of $5,000. Sign bonds of Iowa
Lunch, J. J. Fettgather, L. J. Fossel-
man. Renewal of contractors bonds
of Dubuque Roofing Co., and Edward
C. Kuehnle. Renewal of heating
contractors bonds of ,Scherr & Thil-
many and C. C. Justman, presented
for approval.
Being properly executed, Council-
man Meuser moved that they be re-
ceived and placed on file. Second
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount. Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Petition of A. A. Cooper:
City Council,
Gentlemen: I hereby petition your
honorable body to vacate Railroad
Street from the east line df Main
Street to the river. As you know,
the City Council granted the I. C. R.
R. Co. temporary use of this street
for traffic purposes, at the pleasure
of the Council. Such privilege was
to cease upon notice from proper
City authorities.
We own some property on the
north side of this street and the
levee front, which we have now an
opportunity to dispose of to a going
concern, and 'unless privilege given
the I. C. R. R. Co. is made null and
void the parties interested would
not consider the proposition. By
giving this matter your earnest and
quick consideration you I will greatly
oblige. A. A. COOPER.
Councilman McEvoy moved that
the petition be referred to the City
Manager. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor pro -tem Yount. Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays - -None.
Absent —Mayor Maclay.
Report of the Dubuque City Wat-
er Works for the month of June,
1928, and report of the City Auditor
for the month of June, 1928, pre-
sented for approval:
Councilman Meuser moved that
the reports be approved and filed for
record. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor pro -tem Yount. Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Ordinance No. 204 having passed
first and second reading, and adop-
tion. The Ordinance was read a
third time.
ORDINANCE NQ. -204.
AN ORDINANCE CREATING A
MUNICIPAL PLAYGROUND AND
RECREATION COMMISSION AND
DEFINING ITS POWERS AND
DUTIES; AND PROVIDING FOR
JOINT MAINTENANCE- AND
OPERATION OF PLAYGROUND
AND RECREATION FACILITIES
WITH THE BOARD OF EDUCA-
TION OF' THE INDEPENDENT
SCHOOL DISTRICT OF DU-
BUQUE.
Whereas, The citizens of the City
of Dubuque are vitally interested in
the scientific and successful manage-
ment of playground and recreational
activities to be provided for by the
City Council of said city working in
co- operation with the Board of Edu-
cation of the Independent School
District thereof, and since the man-
agement of these activities has here-
tofore been more or less distinct of
each other while, at the same time,
they are intended to accomplish the
same end; and
Whereas, The City Council of said
city believes that, in order to bring
about the best results and do the
greatest amount of good, it is advis-
able that all recreation activities be
combined and administered through
a single board or commission whose
members shall serve without com-
pensation and whose duties shall be
to see that all moneys are properly
and accurately expended; now, there-
fore,
Be it Ordained by the City Council
of the City of Dubuque:
Par. 961. Commission Created.
Section 1. That there be and there
is hereby created a commission to
be known as "Municipal Playground
and Recreation Commission," whose
members shall consist of not less
than five nor more than nine quali-
fied electors of the city of Dubuque,
all of whom shall serve without com-
pensation. The members of the com-
mission shall be appointed by the
City Council and their term of office
shall be for a period of three years.
When a vacancy occurs on such com-
mission it shall be filled by the City
Council, but such member thus ap-
pointed shall be appointed to fill
only the unexpired term of the mem-
ber in whose place he has been ap-
pointed. The City Manager shall be
a member of such commission by
virtue of his office and he shall exer-
cise all duties with reference to
playground and recreation facilities
as are by law imposed upon him.
Par. 962. Organization. Section
2. That, after such commission has
been appointed it shall organize by
the election of a chairman or presi-
dent, secretary and treasurer and
the terms of office of such officers
shall be for one year following their
election but they shall continue to
hold office until their successors are
duly elected.
Par. 963. Powers and Duties. Sec-
tion 3. That such commission shall
have supervisions over all recreation
activities of the city and shall con-
trol the equipment, maintenance and
conduct pf the same. It may appoint
a suitable superintendent and all
necessary assistants, fix their term
of employment, salaries and duties.
It may adopt such rules and regula-
tions for the conduct and operation
Special Session, July 10th, 1928 185
of recreation facilities as it may
deem advisable.
Par. 964. Co- operate With School
Board. Section 4. That, in the oper-
ation, conduct and maintenance of
playground and recreation activities,
the City Council shall co- operate with
the Board of Education of the Inde-
pendent School District of Dubuque,
the Superintendent of Schools and
all public spirited citizens interest-
ed in child welfare and in the ad-
vancement of physical and social con-
ditions generally and, to this end, it
shall annually levy such a tax upon
the taxable property of said city as
it may deem necessary to defray its
share of the expense incident to the
carrying on of such activities,Cor it
may annually appropriate out of the
general fund su h sums of money
as may be needed but all taxes thus
levied or money appropriated shall
be expended only upon warrants
drawn upon the City Treasurer.
Par. 965. Certification of Needs.
Section 5. That, on or before the
15th day of July in each year, the
commission shall certify to the City
Council the amount of money it will
need for all purposes for the ensuing
fiscal year, which statement shall be
used to determine th x levy for
recreational activities a basis
for making an appropriation. If a
tax be levied the same shall not ex-
ceed in any one year two mills on
the dollar.
Par. 966. Report,. Section 6. That,
1's
on or before the i day of *arch
in each year said commission shall
make a complete detailed report to
the City Council showing receipts
and disbursements for the year then
endihk- which report shall be kept
as a part of the permanent records
of the city.
Section 7. This ordinance shall be
in force and effect ten days from and
after its final passage and adoption
by the City Council and publication
as provided by law.
Passed upon first and second read-
ings this 2nd day of July, 1928.
Passed, adopted and approved this
10th day of July, 1928.
Mayor.
ED M'EVOY,
WM. H. MEUSER,
HENRY F. SCHUCKERT,
EARL YOUNT,
Councilmen.
Attest: JOHN STUBER, \J
City Clerk.
Published officially in the Tele-
graph- Herald and Times - Journal
newspaper, July 12, 1928.
JOHN STUBER,
7;12 -1t City Clerk.
Councilman Meuser moved the
adoption of the Ordinance. Second-
•
186 Special Session,
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount. Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Communication from the Dubuque
Park Board.
July 5, 1928.
Mr. O. A. Kratz,
City Manager.
Dear Sir: In the matter of the
proposal to widen 7th Street from
Locust to Bluff Streets, by cutting in-
to the north side of Washington
Park.
This letter refers to the matter
which we had under discussion with
you at the Park Board meeting held
today and swthat there may be some
record of it, it seemed best to write
you.
Washington Park is under the jur-
isdiction and control of the Park
Board. A few years ago when Mr.
O. E. Carr was city manager, the
question of providing parking space
for automobiles around this park was
given careful consideration and the
Park Board finally consented to the
changing of the curb to provide for
parking spaces on three sides of the
park. At that time it was quite def-
inately understood that the north
side of the park, that is the 7th
Street side, was not to be disturbed.
To widen 7th 'Street, as now pro-
posed, would mean the sacrifice of
one fine Maple tree and four fine
Elm trees and even if the trees were
left and the curbing carried around
them, the effect would be to further
limit the root growth to the ultimate
injury of the trees. As it is now,
the parking space on Bluff Street ad-
joining the park is only rarely used
and it does not seem to the Park
Board that at the present, time it is
necessary to sacrifice the park and
these beautiful trees for the purpose
of acquiring additional parking space
for automobiles.
The members of the Park Board,
after giving the matter careful con -
sideratoin and going on the ground
with you today, are unanimously op-
posed to making any change in the
curb along the north side of this
park, and do not give their consent
to the proposed change.
Yours truly,
GLENN BROWN,
Chairman, Dubuque Park Board.
Councilman McEvoy moved that
the communication be made a mat-
ter of record, and that the recom-
mendation of the City Manager to
widen 7th Street between Locust
and Bluff Streets on the north side
only, be approved. Seconded by
Councilman Meuser. Carried by the
following k vote:
July 10th, 1928
Yeas —Mayor pro -tem Yount. Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay. - -
July 10, 1928.
To the City Council:
Gentlemen: At your meeting held
July 2nd, a petition from Mr. J. H.
Rhomberg requesting the City to fill
in Wall Street from the Levee to
East Fourth Street, was refererd to
your City Manager for report.
Your City Manager has inspected
this proposed improvement on the
ground, and wishes to recommend
that the petition be granted, provid-
ed that Mr. Rhomberg will fill in
the adjoining property at the same
time, so that the fill in Wall Street
can be made with a dredge or hy-
draulic fill, which would materially
reduce the cost.
Mr. Rhombergs property on each
side of Wall Street is very low and
swampy and in order to use same
for industrial or other purposes, the
property should be filled in. In order
to accomplish this with the least
amount of expense it would be ad-
visable to make the fill with a
dredge. But, unless Mr. Rhomberg
will agree to fill in his property at
the same time, your City Manager
recommends that the , petition be not
granted.
Very respectfully submitted,
O. A. KRATZ,
City Manager.
Councilman Meuser moved that
the recommendation of the City Man-
ager be approved. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor pro -tem Yount. Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
July 10, 1928.
To the City Council:
Gentlemen: At your meeting July
2nd, a petition from Mr. J. H. Rhom-
berg, requesting that blocks, 3, 4, s
and 6, and a portion of block 11 in
the Dubuque Harbor Improvement
Addition, be excluded from the fire
limits, was referred to your City
Manager for report.
When the fire limits is once estab-
lished it is seldom a practice in any
city to diminish the area requiring
more stringent building restrictions
due to the fact that the insurance
rating bureaus must revise their
rates upward on the property adjoin-
ing the section eliminated.
In looking up the history of the
adoption of the fire limits it is found
that instead of diminishing the fire
limits at any time, that each revision
calls for an increased area in the
fire limits. For that reason it would
Special Session,
be inadvisable to diminish the fire
limits at this time.
If the petition is granted, there
would be an area eliminated which
would be completely surrounded by
the fire limits, which would not only
ba ridiculous, but would be inadvis-
able, as the property owners sur-
rounding the area in question would
take a higher rate of insurance, due
to the fact that the area mentioned
was eliminated, and they were al-
lowed to construct buildings of less
er requirements.
Your City Manager therefore,
recommends that the petition be de-
nied and that no drawing in of the
present fire limits be allowed.
Very respectfully submitted,
O. A. KRATZ,
City Manager.
Councilman Schuckert moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman McEvoy. Carried by
the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Mayor Maclay.
July 10, 1928.
To the City Council:
Gentlemen: At your meeting held
July 2nd, a petition from Joseph A.
Grab, et al, complaining about the
noise as. the Morrison Brothers Tank
Shop, after 9:00 P. M., was referred
to your City Manager for report.
Mr. Morrison has informed your
City Manager that in the future, no
riveting will be done after 9:00 P.
M., and i_i as much as this is what
the petition is calling for, the peti-
tion is therefore satisfied.
Your City Manager, therefore rec-
ommends that the petition be filed
with no further action at this time.
Very respectfully submitted,
O. A. KRATZ,
City Manager.
Councilman Schuckert moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman McEvoy. Carried by the
following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
July 10, 1928.
To the City Council:
Gentlemen: At your meeting held
July 2nd, a petition from Edward
Muntz, requesting that a portion of
Seventeenth Street in front of lots
22, 23 and 24, Morgan's Addition, be
vacated, was referred to your City
Manager for report.
Your City Manager recommends
that the petition be not granted, as
it will be necessary to use the strip
in question in order to gain grade,
July 10th, 1928 187
if Cornell Street is ever improved,
to connect Sixteenth and Seven-
teenth Streets.
Very respectfully submitted,
O. A. KRATZ,
City Manager.
Councilman Meuser moved that
the recommendation of the City Man-
ager be approved. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor pro-tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Mayor- Maclay.
Resolution Adopting and Approving
Proposed Plans and Specifications
and Form of Contract for Sewer
Improvement.
Whereas, proposed plans, specifica-
tions and form of contract have been
duly prepared for the construction
of the public improvement herein
described, now therefore,
Be it Resolved by the City Council
of the City of Dubuque that the pro-
posed plans, specifications and form
of contract heretofore prepared be
and the same are hereby approved
for the construction of an eight -inch
tile pipe sanitary sewer in Thomas
Place from the present sewer in
Stafford Street to a point about 107
feet north. Estimated cost $300.00.
Be it further Resolved that on the
23rd day of July, 1928, a public hear-
ing will be held at 5 o'clock P. M.,
in the Council Chambers of the City
of Dubuque, for the purpose of hear-
ing objections which may be filed by
any interested persons to the pro-
posed plans or specifications or form
of contract for, or cost of any of
such improvement, and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be publish-
ed in the official newspapers of the
City of Dubuque, at which hearing
the Council will hear such objections
and enter on record its final decision
thereon.
Be it further Resolved that he pro-
posed plans, specifications and form
of contract be preserved on file in
the office of the Clerk for public
inspection.
Passed, adopted and approved this
10th day of July, 1928.
HENRY F. SCHUCKERT,
ED. McEVOY,
EARL YOUNT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman McEvoy moved the
adoption of the resolution. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
188 Special Session, July 10th, 1928
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Resolution of Necessity for Construc-
tion of Sanitary Sewer.
Whereas, a plat and schedule has
been duly prepared by the City Coun-
cil of the City of Dubuque, Iowa, and
now on file in the office of the Clerk
thereof, showing the boundaries of
the district, the streets and other
places along which the sewer is to
be constructed, the terminal points
of the same, each lot proposed to be
assessed therefor, an estimate of the
cost of the same for each different
type of construction and the kind of
materials to be used and in each the
amount thereof which it is estimated
will be assessed against each lot.
Be it therefore, Resolved by the
City Council of said City, on its own
motion, that an eight -inch tile pipe
sanitary sewer be constructed in
Thomas Place from the present
sewer in Stafford Street to a point
about 107 feet north. Said sewer
shall be provided with manholes and
any other appurtenances that may be
necessary. Said sewer shall be con-
structed in accordance with the
plans and specifications prepared by
the City Engineer, having been duly
approved by the City Council and
Manager and now on file in the office
of the City Clerk. That the cost and
expense of making and constructing
said sewer shall be assessed against
the privately owend property abut-
ting thereon not to exceed the
amount provided by law and upon
such adjacent property as might be
benefited thereby and in proportion
to such benefits, and any deficiency
shall be paid out of the general fund
or sewer fund, or partly from each of
said funds and bonds shall be issued
and sold in anticipation of deferred
payments of assessments and the
proceeds thereof used to pay the con-
tractor.
Be it further Resolved that the
above and foregoing sewer is hereby
proposed to be constructed as here -
inbefore set forth, and that this pro-
posed resolution, except this para-
graph, be and the same is hereby set
down for further and final hearing,
consideration and determination, at
a meeting of the City Council to be
held on the 27th day of July, 1928,
at 5 o'clock P. M., in the Council
Chamber of the City Hall of this
City, and the City Clerk be and he is
hereby instructed to cause notice of
the pendency of the above resolution,
and the time and place, when and
where said proposed resolution will
he considered for passage, to be
given by publication in the offich;1
newspapers of said City, in the man-
ner and for the time prescribed by
law, at which time the owners e,f
property subject to assessment for
said proposed sewer may appear and
make objection to the boundaries cif
the proposed district, if any, to the
cost of the proposed sewer, to the
amount to be assessed against ar.y
lot, and to the passage of the pro-
posed resolution, and unless prdp-
erty owners at the time of the final
consideration of said resolution have
on file with the Clerk objections to
the amount of the proposed assess-
ments, they shall be deemed to have
waived all objections thereto. The
above resolution was approved and
ordered placed on file with the City
Clerk and notice of its pendency or-
dered published this 10th day of
July, 1928.
Approved:
HENRY F. SCHUCKERT,
ED. McEVOY,
EARL YOUNT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved that
the resolution be approved and
placed on file for final action. Sec-
onded by Councilman Schmckert.
Carried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Resolution Adopting and Approving
Proposed Plans and Specifications
and Proposed Form of Contract for
Street Improvements.
Whereas, proposed plans, specifica-
tions and form of contract have been
duly prepared for the construction of
the public improvements herein de-
scribed, now therefore,
Be it Resolved by the City Council
of the City of Dubuque that the pro-
posed plans, specifications and form
of contract heretofore prepared be
and the same are hereby approved
for the construction of the following
improvements, to -wit:
Pierce Street from the south prop-
erty line of West Locust Street to
the north property Iine of Angella
Street — concrete $3,450.00.
Wilson Street from the north prop-
erty line of West 5th Street to the
south property line of West 8th
Street— concrete $7,429.00.
Wilson Street from the north prop-
erty line of Julien Avenue to the
south property line of West 11th
Street— concrete $3,667.00.
Windsor Avenue from the north
line of the alley first south of
Strauss Street to the City Limits —
on Davis Street — concrete $16,153.70.
Wilbur Street from the east prop-
erty line of Grove Terrace to the
east property line of Spruce Street —
concrete $5,429.80.
Rider Street and Perry Street in-
tersection— concrete $482.00.
Brunswick Street from the north
property line of O'Neill Street to the
City Limits — concrete $1,716.00.
Groveland Street from the west
property line of Burden Street to the
east property line of Brunswick
Street — concrete $2,860.00.
O'Neill Street from the west prop-
erty line of Burden Street to the
west property line of Brunswick
Street— concrete $3,872.00.
Spruce Street from the north prop-
erty line of Julien Avenue to the
north property line of Wilbur Street
-- concrete $999.00.
Be it further resolved that on the
23rd day of July, 1928, a public hear-
ing will be held at 5 o'clock P. M.
in the Council Chambers of the City
of Dubuque, for the purpose of hear-
ing objections which may be filed by
any interested persons to the pro-
posed plans and specifications or
form of contract for, or cost of any
of such improvement and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be publish-
ed in the official newspapers of the
City of Dubuque, at which hearing
the Council will hear such objections
and enter on record its final decision
thereon.
Be it further resolved that the pro-
posed plans, specifications and form
of contract be preserved on file in
the office of the Clerk for public
inspection.
Passed, adopted and approved this
10th day of July, 1928.
HENRY F. SCHUCKERT,
ED. McEVOY,
EARL YOUNT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved the
adoption of the resolution. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
RESOLUTION OF NECESSITY
FOR THE CONSTRUCTION OF
STREET IMPROVEMENTS CON-
SISTING OF GRADING, PAVING,
CURBING, GUTTERING AND
DRAINING; FOR THE MAKING I
Special Session, July 10th, 1928 189
OF UNDERGROUND CONNEC-
TIONS; AND FOR THE CON-
STRUCTION OR REPAIR OF
PERMANENT SIDEWALKS,
DRIVEWAYS AND WATER
DRAINS.
Whereas, a plat and schedule has
been duly prepared by the City Coun-
cil and is now on file in the office of
the Clerk, showing the streets to be
improved, the boundaries of the dis-
trict, if any, the width of the im-
provements, each lot proposed to be
assessed, an estimate of the cost of
the proposed improvement for each
type of construction and kinds of
materials to be used, and in each
case the amounts which it is estim-
ated will be assessed against each
lot for such improvements; be it
therefore
Resolved by the City Couneil of
the City of Dubuque, on its own mo-
tion or upon petition of property
owners, that it is deemed necessary
or advisable to build, construct and
put in place certain street improve-
ments, as herein described, in, upon
and along the following streets to-
wit: Pierce Street from the south
property line of West Locust Street
to the north property line of Angella
Street; Wilson Street from the north
property line of West 5th Street to
the south property line of West 8th
Street; Wilson Street from the north
property line of Julien Avenue to the
south property line of West llth
Street; Windsor Avenue from the
north line of the Alley first south of
Strauss Street to the City Limits on
Davis Street; Wilbur Street from the
east property line of Grove Terrace
to the east property line of Spruce
Street; Rider Street and Perry
Street intersection; Brunswick Street
from the north property line of
O'Neill Street to the City Limits, and
Groveland Street from the west prop-
erty line of Burden Street to the
east property line of Brunswick
Street and O'Neill Street from the
west property line of Burden Street
to the west property line df Bruns-
wick Street; Spruce Street from the
north property line of Julien Avenue
to the north property line of Wilbur
Street. Such street improvements
shall consist of grading, paving,
draining, curbing and guttering, the
curb and gutter shall be constructed
of concrete or old stone curb may be
reset, and the paving shall be con-
structed of one or more of the fol-
lowing materials and methods. to-
wit: By paving with six inch plain
concrete. All of the grading, paving,
curbing and guttering shall be con-
structed and one in accordance with
the plans and specifications which
have been prepared therefor by the
190 Special Session, July 10th, 1928
City Engineer which have been or
will be approved by the City Council
before a contract is entered into.
That sewer drains shall be con-
structed where necessary to take
care of surface water. That the cost
and expense of making said improve-
ments shall be assessed upon and
against all privately owned property
lying within the assessable distance
provided by law, whether the same
abuts thereon or is adjacent thereto,
according to area and in proportion
to the special benefits conferred, and
any deficiency shall be paid out of
the general or improvement funds of
the city, or partly out of each of
such funds. Bonds shall be issued
and sold in anticipation of deferred
payments of 'assessments when the
contract has been performed and ac-
cepted and the proceeds therof used
to pay the contractor.
Be it further resolved that under-
ground connections with sewer, wa-
ter and gas mains in said streets be
deemed necessary and the same are
ordered made to the curb lines of
adjacent property before said streets
are improved and that a written no-
tice to make such connections with-
in ten days from the service thereof
be given to the owner or owners of
such property and, in the event such
connections are not made within
said time, then such work will be
done under contract and the cost
thereof will be assessed to the prop-
erty for which the same have been
made. One connection shall be re-
quired of each lot of 50 linear feet
unless the lot is subdivided or in
acreage, in which event such addi-
tional connections will be required
as will adequately serve the prop-
erty, and the notice shall state the
number of connections that are re-
quired for each lot or parcel of real
estate.
Be it further resolved that the
sidewalks and water drains therein
and driveways to private property
along such streets be deemed neces-
sary to be constructed, reconstructed
or repaired and the same are hereby
ordered constructed or repaired and
such work shall be done under con-
tract and the cost thereof assessed
to the property for whose benefits
such improvements are made in the
manner provided by law. All under-
ground connections, sidewalks, drains
and driveways shall be constructed
according to specifications prepared
therefor. That separate contracts
will be entered into for each street
improvement unless two or more
streets constitute a continuous or
connected thoroughfare and the lim-
its are defined, and the cost of each
improvement will be separately as-
sessed.
Be it further resolved that the
above and foregoing improvements
are herby proposed to be made and
constructed as hereinbefore set
forth, and that this proposed resolu-
tion, except this paragraph, be and
the same is hereby set down for fur-
ther and final hearing, consideration
and determination at a meeting of
this Council to be held on the 27th
day of July, 1928, at 5 o'clock P. M.,
in the Council Chambers of the City
Hall of this City, and the Clerk be
and he is hereby instructed to cause
notice of the pendency of this reso-
lution and of the time and place
when and where the same will be
considered for passage, to be given
by publication in the official news-
paper of said City, in the manner
and for the time prescribed by law,
at which time the owners of prop-
erty subject to assessment for any of
said proposed improvements may ap-
pear and make objection to the
boundaries of the district, if any, the
cost of any of the proposed improve-
ments, the amount to be assessed
against any lot, and the passage of
the proposed resolution, and unless
property owners at the time of the
final consideration of said resolution
have on file with the Clerk written
objections to the amounts of any of
the proposed improvements, they
shall he deemed to have waived all
objections thereto.
The above resolution was intro-
duced, approved and ordered placed
on file with the City Clerk and no-
tice of its pendency ordered publish-
ed this 10th day of July, 1928.
Approved:
HENRY F. SCHUCKERT,
ED. McEVOY, '
EARL YOUNT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved that
the resolution be approved and
placed on file for final action. Sec-
onded by Councilman McEvoy. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
An Ordinance changing the grade
of Carlotta Street and establishing a
new grade on Carlotta Street from
the east curb of Alpine Street to the
west curb of Alta Vista Street, being
Profile No. 1194, presented and read.
Councilman McEvoy moved that
this be considered the first reading
of the Ordinance. Seconded by Coun-
Special Session, July
Carried by the
cilman Schuckert.
following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Councilman Meuser moved that
the rules requiring an Ordinance to
be read on three separate days be
suspended. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
The Ordinance was read a second
time.
Councilman Meuser moved that
this be considered the second read-
ing of the Ordinance. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
There being no further business,
Council adjourned.
JOHN STUBER,
City Clerk.
Approved 1928.
Adopted 1928.
Councilmen
Attest:
City Clerk.
17th, 1928 191
CITY 000NCIL
(Official)
Special Session, July 17th, 1928.
Meeting called by order of Coun-
cilmen Yount and Meuser.
Council met at 5:00 o'clock P. M.
Present —City Manager Kratz,
Councilmen McEvoy, Meuser, Schu-
ckert, Yount.
Absent —Mayor Maclay.
Councilman Meuser moved that
Councilman Yount be appointed as
Mayor pro -tem of this meeting. Sec-
onded by Councilman Schuckert.
Carried by the following vote:
Yeas — Councilmen McEvoy, Meu-
ser, Schuckert.
Nays —None.
Not voting— Councilman Yount.
Absent —Mayor Maclay.
Mayor pro -tem Yount read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of adopt-
ing a resolution ordering the con-
struction of a sanitary sewer in Divi-
sion Street and instructing the Clerk
to advertise for bids.
Resolution Ordering Construction of
Sewers and Directing Clerk to
Advertise for Bids.
Be it resolved by the City Council
of the City of Dubuque, that pursu-
ant to a resolution of necessity, pro -_
posed at a meeting of this Council
on the 21st day of June, 1928, and
duly passed on the 10th day of July,
1928, it is hereby ordered by this
Council, upon its own motion, and
without petition of property owners,
that the sewer described in said
resolution be constructed, the same
being a six -inch tile sanitary sewer
in Division Street from a point about
ninety feet north from the sanitary
sewer in east 24th Street to a point
about one hundred seventy -six feet
north. Said sewer shall be con-
structed in accordance with the
plans and specifications heretofore
adopted and now on file in the office
of the City Clerk.
Be it further Resolved that the
City Clerk be and he is hereby or-
dered and directed to advertise for
proposals for the construction of said
sewer, as provided by law, which
sewer shall be completed on or be-
fore the 1st day of October, 1928.
The cost and expense of said sewer
will be paid for by levying special
assessments against the privately
owned property abutting upon said
sewer and also against such adja-
cent property as might be benefitted
thereby and in proportion to such
benefits, and payment will be made
to the contractor out of funds real-
•
192 Special Session, July 17th, 1928
ized from the sale of bonds to be
issued in anticipation of deferred
payment of assessments, as provided
by law, and any deficiency will be
paid out of the General Fund or the
Sewer Fund, or partly from each of
such funds. This resolution being
deemed urgent and of immediate
necessity, shall be in force and effect
from and after its passage and adop-
tion by the City Council.
Passed, adopted and approved this
17th day of July, 1928.
W. H. MEUSER,
EARL YOUNT,
ED. McEVOY,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved the
adoption of the resolution. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
The Ordinance having passed upon
first and second reading, presented
for final reading and adoption. Or-
dinance read a third time.
JC An Ordinance.
AN ORDINANCE CHANGING THE
GRADE OF CARLOTTA STREET
AND ESTABLISHING A NEW
GRADE ON CARLOTTA STREET
FROM THE EAST CURB LINE
OF ALPINE STREET TO THE
WEST CURB LINE OF ALTA
VISTA STREET.
Be it ordained by the City Council
of the City of Dubuque:
Section 1. That the grade hereto-
fore established by the City Council
on Carlotta street from the east
curb line of Alpine street to the west
curb line of Alta Vista street be, and
the same is hereby changed and es-
tablished as shown by the profile of
said street and grade, prepared by
the City Engineer, being Profile No.
1194 B. M. West end of door sill Lin-
coln School Elevation 320.96.
Said grade begins at the east curb
line of Alpine street, which is Sta.
0+00 N. Curb Elev. 288.53 S. Curb
Elev. 289.43, no change; thence to
Station 0+10 N. Curb Elev. 287.78 S.
Curb Elev. 288.68, no change; thence
to Sta. 0+25, N. Curb Elev. 284.60,
S. Curb Elev. 286.0, thence to Sta.
0+50 N. Curb Elev. 279.9, S. Curb
Elev. 280.0, thence to -Sta. 0+75 N.
Curb Elev. 276.3 S. Curb Elev. 277.9,
thence to Station 1 +00 N. Curb Elev.
273.3 S. Curb Elev. 273.8, thence to
Sta. 1 +25 N. Curb Elev. 269.7 S.
Curb Elev. 269.9, thence to Sta. 1 +50
N. Curb Elev. 265.5 S. Curb Elev.
265.9, thence to Sta. 1 +65 S. Curb
Elev. 263.2 N. Curb Elev, 263.7,
thence to Sta. 2 +00 N. Curb Elev.
259.4, thence to Sta. 2+25 N. Curb
Elev. 257.2, thence to Sta. 2 +46.0.
S. Curb old grade 253.10.
S. Curb New Grade 254.40.
N. Curb old Grade 254.76.
N. Curb New Grade 255.70.
Section 2. This ordinance shall
be in force and take effect from and
after its passage by the City Council
and its publication in the Telegraph -
Herald and Times - Journal newspa-
per.
Passed upon first and second read-
ing July 10, 1928.
Passed, adopted and approved/July
17, 1928.
Attest: JOHN STUBER,
-City Clerk.
Mayor.
HENRY F. SCHUCKERT,
ED. McEVOY,
EARL YOUNT,
WM. H. MEUSER,
Councilmen.
Councilman Meuser moved the
adoption of the Ordinance. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Illinois Central Railroad Company.
Gentlemen:
You are hereby notified that at a
session of the City Council of the
City of Dubuque, Iowa, held June
4th, 1928, there was proposed a reso-
lution of necessity for the improve -,
ment of Railroad Street from the
east property line of South Locust
Street to the east property line of
South Main Street, and the City
Engineer has prepared a plat and
schedule showing the proposed im-
provement and location thereof, the
nature and extent of the same and
kind of materials used as well as an
estimate of the entire cost thereof
together with the amount of your
railroad company, which plat and
schedule are on file in my office sub-
ject to public inspection.
You are further notified that this
proposed resolution was up for a
hearing by said City Council at a
special session held June 21st, 1928,
at which time property owners had
a right to appear and file objections
if they so desired, notice of the pend-
ency of the resolution was given by
publication in the Telegraph- Herald
and Times - Journal newspaper as pro-
vided by law, June 5th and 6th, 1928.
The resolution was finally adopted
June 21st, 1928.
You are further notified that you
have the right to do your share of
this improvement yourself, subject
to the supervision of the City Engi-
neer, if you so desire.
If you intend to do this work your-
self, you are required to indicate
your intention in writing to the City
Council.
Unless you signify your intention
to do your share of this work, the
same will be done by the City under
contract and the cost thereof will be
assessed to you as provided by law.
Dated at Dubuque, Iowa, this 3rd
day of July, 1928.
Yours truly,
JOHN STUBER,
City Clerk.
Illinois Central Railroad System,
Mayor and City Council Of Dubuque,
Iowa. -
Gentlemen: Acknowledging receipt
of your letter July 3, wherein you
advise that we may perform our
share of the work of improving Rail-
road Street.
This is to advise that this com-
pany desires to perform the work of
surfacing across its track at Salina
and Railroad Streets with its own
forces.
Yours truly,
L. E. McCABE,
Superintendent.
Councilman Meuser moved that
the communication be received and
made a matter of record. Seconded
by Councilman Schuckert. Carried
by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Communication rom Dubuque Park
Board.
To the Honorable City Council of the
City of Dubuque.
In compliance with the provisions
of the statutes of Iowa, the Park
Board of the City of Dubuque, by
resolution duly adopted the 12th day
of July, 1928, has fixed the tax need-
ed to be levied or certified for levy
for Park purposes by your Honorable
Body for the coming year to be at
2 mills on the dollar of the assess-
able property of the city, and that
said amount expressed in dollars is
$30,000, and herewith enclosed for
your consideration and action is pro-
perly signed the resolution duly
adopted.
Very respectfully,
Park Board of the City of Dubuque.
By GLENN BROWN, Chairman.
HERBERT ADAMS, Sec'y.
The following resolution was duly
adopted by the Park Board of the
City of Dubuque by unanimous vote
of the members present at said meet-
Special Session, July 17th, 1928
193
ing held July 12th, 1928, in the City
of Dubuque, Iowa.
"Resolved, as required by the sta-
tutes of Iowa providing for the levy
of taxes for cities of the state for
park needs and purposes, the Park
Board of the City of Dubuque, Iowa,
on the 12th day of July, 1928, fixes
and certifies to the Honorable City
Council of Dubuque, Iowa, as a tax
needed to be levied by saki City
Council for park needs and purposes
for the coining year, including the
sum needed to pay the Park Bonds
coming due May 1st, 1919, and the
interest then due on the remaining
park bonds to be at the rate of 2%
mills on the dollar of the assessed
value of the taxable property of the
City of Dubuque and that said
amount of taxes so required express-
ed in dollars is $30,000.
Park Board of the City of Dubuque,
GLENN BROWN, Chairman.
HERBERT ADAMS, Sec'y.
Councilman Meuser moved that
the communication and resolution be
referred to the Council, to be acted
on when the Council prepares the
City's tax levy. Seconded by Coun-
cilman McEvoy. Carried by the fol-
lowing vote:
Yeas —Mayor pro -tem Yount. Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Sign bond of Louis J. Schloz pre-
sented for approval. Being properly
executed, Councilman Schuckert
moved that it be received and placed
on file. Seconded by Councilman
Meuser. Carried by the following
vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Petition, with bond attached, of
Frank Witwer for permit to sell cig-
arettes at Jones Street and the Le-
vee described as Lot 8, Block 6, Du-
buque Harbor Co. Add., presented
tor approval. Being properly exec-
uted, Councilman Schuckert moved
that the bond be received and placed
on file and permit be granted. Sec-
onded by Councilman Meuser. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Petition of Chris. J. Winter, owner
of Lot 1, Buettell's Sub., stating that
he received notice to connect his
property with sanitary sewer and
that he cannot connect with the
sewer as the sewer is in Foye Street
and does not extend to his property,
and he hereby asks that the Council
rescind the order.
194 Special Session
Councilman McEvoy moved that
the petition be referred to the City
Manager. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Report of the City Treasurer for
the Month of June, 1928, presented
for approval.
Councilman Meuser moved that
the report be approved and placed
on file. Seconded by Councilman Mc-
Evoy. Carried by the following
vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent—Mayor Maclay.
Council proceedings for the month
of May, 1928, presented for approval.
Councilman Meuser moved that
they be approved as printed and
placed on file. Seconded by Council-
man Schuckert. Carried by the fol-
lowing vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Petition of Murphy Insurance
Agency stating that Kutsch Bros.
desire to have their contractor's
bond cancelled; it is continuous in
form, they hereby petition to have
the bond returned them. Signed by
Murphy Insurance Co., by David J.
Murphy.
Councilman McEvoy moved that
the prayer of the petition be granted
and the bond be returned to said
Murphy Insurance Co. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Communication of Peter H. McCar-
thy calling the attention of the Coun-
cil to an Ordinance passed February
21st, 1888, which vacated Commer-
cial Street east of Diagonal Street,
Tower Street north of Diagonal
Street, and the outer levee north of
the north line extended of Lot 7,
Block 2, Dubuque Harbor Imp. Co.
Add. to the City of Dubuque, Iowa,
and granting the exclusive use of the
premises so vacated to the Standard
Lumber Co., Dubuque, Iowa.
Section 3 of the above ordinance
provides that at the expiration of 25
years from the date of passage of
this ordinance, or at any time there-
after, said Standard Lumber Co., its
successors or assigns, shall reconvey
and surrender to the City of Du-
buque, without compensation, the
July 17th, 1928
premises herein vacated, not includ-
ing the improvements thereon, if re-
quired by said City for street pur-
poses, or if abandoned by said Stan-
dard Lumber Co. for three consecu-
tive years as a manufacturing plant.
In accordance with section 3 of
above ordinance, since the Standard
Lumber Co. abandoned these vacated
streets and levee front as a manu-
facturing plant in 1911, the City of
Dubuque should take immediate
steps to get back said vacated
streets and levee front.
Councilman McEvoy moved that
the communication be referred to the
City Manager. Seconded by Council-
man Schuckert. Carried by the fol-
lowing vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Petition of Jos. H. Rhomberg:
To the Honorable Mayor and City
Council.
I, J. H. Rhomberg, humbly request
that the Mayor, City Council and
Manager reconsider my petition re-
garding the exclusion of certain of
my property from the fire district of
said City, and grant me a hearing.
Respectfully yours,
J. H. RHOMBERG.
Dated July 17th, 1928.
Councilman McEvoy moved that
the rules be suspended to allow any-
one present to address the Council.
Seconded by Councilman Schuckert.
Carried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
J. H. Rhomberg addressed the
Council relative to the petition and
stated that the nearest building to
this property is about 500 feet away
and that the ground being swampy
he could not put up buildings as the
Building Code requires, that he has
been paying taxes on this property
for many years and derives no ben-
efits therefrom, and if the Council
will exclude this from the fire limits
he will put up some buildings where-
by he can derive some benefits and
improve the appearance of the prop-
erty.
Councilman Meuser moved that
the matter be referred to the Coun-
cil and the City Manager. Seconded
by Councilman Schuckert.. Carried
by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
Councilman Meuser moved that
the City Manager be authorized to
attend the City Manager's Conven-
tion to be held at Asheville, N. C.,
September 18 -19 and 20th, 1928. Sec-
onded by Councilman McEvoy. Car-
ried by the following vote:
Yeas —Mayor pro -tem Yount, Coun-
cilmen McEvoy, Meuser, Schuckert.
Nays —None.
Absent —Mayor Maclay.
There being no further business,
Council adjourned.
JOHN STUBER,
City Clerk.
Adopted 1928.
Special Session, July 23rd,
Approved 1928.
Councilmen -
Attest:
1
City Clerk.
1928 195
CITY COUNCIL
(Official.)
Special Session, July 23rd, 1928.
Meeting called by order of Council-
men Yount and Meuser.
Council met at 5:00 o'clock P. M.
Present — Councilmen McEvoy,
Meuser, Schuckert, Yount.
Absent —Mayor Maclay.
Councilman Schuckert moved that
Councilman Meuser be appointed as
Mayor pro -tem of this meeting. Sec-
onded by Councilman McEvoy. Car-
ried by the following vote:
Yeas — Councilmen McEvoy, Schu-
ckert, Yount.
Nays —None.
Not voting— Councilman Meuser.
Absent —Mayor Maclay.
Mayor pro -tem 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 of the proposed
plans, specifications and form of con-
tract for the construction of a sani-
tary sewer in Thomas Place and for
the improvement of the following
streets: Pierce Street, Wilson Street,
Windsor Avenue, Wilbur Street, Wil-
son Street, Brunswick Street, Grove -
land Street, O'Neill Street, Spruce
Street, the intersection of Rider and
Perry Streets, and acting on any
other business that may come before
the meeting.
Notice of publication, certified to
by the publisher, that there will be
conducted a hearing on the proposed
plans, specifications and form of con-
tract for the construction of a sani
tary sewer in Thomas Place from
the present sewer in Stafford Street
to a point about 107 feet north, esti-
mated cost $300.00.
There being no remonstrance,
Councilman Schuckert moved that
the notice be received and filed.
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas —Mayor pro -tem Mouser,
Councilmen McEvoy, Schuckert,
Yount.
Nays—None.
Absent —Mayor Maclay.
Notice of publication, certified to
by the publisher, that there will be
conducted a hearing on the proposed
plans, specifications and form of con-
tract for the following public im-
provements: Pierce Street from the
south property line of West Locust
Street to the north property line of
Angella Street, concrete $3,450.00.
Wilson Street from the north prop-
erty line of West 5th Street to the
south property line of West 8th
Street, concrete $7,429.00. Wilson
196 Special Session,
Street from the north property line
of Julien Avenue to the South .prop-
erty line of West 11th Street, con-
crete $3,667.00. Windsor Avenue
from the north line of the alley first
south of Strauss Street to the City
limits on Davis Street, concrete
$16,153.70. Wilbur Street from the
east property line of Grove Terrace
to the east property line of Spruce
Street, concrete $5,429.80. Rider
Street and Perry Street intersection,
concrete $482.00. Brunswick Street
from the north property line of
O'Neill Street to the City limits, con-
crete $1,716.00. Groveland Street
from the west property line of Bur-
den Street to the east property line
of Brunswick Street, concrete,
$2,860.00, and O'Neill Street from the
west property line of Burden Street
to the west property line of Bruns-
wick Street, concrete $3,872.00.
Spruce Street from the north prop-
erty line of Julien Avenue to the
north property line of Wilbur Street,
concrete $990.00.
There being no remonstrance,
Councilman Schuckert moved that
the notice be received and filed.
Seconded by Councilman McEvoy.
Carried by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Resolution Containing Decision of
Council Upon Objections to Plans
and Specifications, Form of Con-
tract and Cost of Improvement.
Whereas, proposed plans and spec-
ifications and form of contract for
the construction of an eight -inch tile
pipe sanitary sewer in Thomas Place
from the present sewer in Stafford
Street to a point about 107 feet north
have been approved by the City
Council of the City of Dubuque and
public notice given as provided by
Chapter 23 of the Code of Iowa, 1927,
pertaining to public contracts and
bonds, and the time and place fixed
for the hearing of all objections to
said plans, specifications or contract
for or cost of such improvement,
said time being this 23rd day of July,
1928; and
Whereas, the City Council met in
special session pursuant to legal call
this 23rd day of .July, 1928, at 5
o'clock P. M. at the Council Cham-
bers in the City Hall for the purpose
of hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of any of the public
improvements herein described and
proposed to be made; and
July 23rd, 1928
Whereas, all interested parties
have been 'given an opportunity to
be here and all objections which
have been filed have been duly
weighed and considered; now, there-
for
Be it resolved by the City Council
of Dubuque, that all objections which
have been made and 'filed to the
plans, specifications for , contract for
or cost , of any of said improvements
herein described and proposed to be
made, be and the same are hereby
overruled and such plans, speoifi.ca-
tions and form of contract hereto-
fore approved are hereby adopted.
Be it further resolved that this
resolution containing the decision of
this Council upon all objections
which have been tiled to the plans,
specifications and form of contract
for or cost of said improvements be
made a matter of permanent record
in connection with said improve-
ments.
Passed, adopted and approved this
23rd day of July, 1928.
WM. H. MEUSER,
Mayor pro -tem.
EARL YOUNT,
ED. McEVOY,
H. F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Yount moved the ad-
option of the resolution. Seconded
by Councilman Schuckert. Carried
by the following vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
,Nays —None.
Absent —Mayor Maclay.
Resolution Containing Decision of
Council Upon Objections to Plans
and Specifications, Form of Con-
tract and Cost of Improvements.
Whereas ,proposed plans and spec-
ifications and form of contract for
the improvement of Pierce Street
from the south property line of West
Locust Street to the north property
line of Angella Street— concrete
$3,450.00; Wilson Street from the
north property line of West 5th
Street to the south property line of
West 8th Street — concrete $7,429.00;
Wilson Street from the north prop-
erty line of Julien Avenue to the
south property line of West 11th
Street — concrete $3,667.00; Windsor
Avenue from the north line of the
alley first south of Strauss Street to
the City Limits on Davis Street —
concrete $16,153.70; ; Wilbur Street
from the east property line of Grove
Terrace to the east property line of
Spruce Street — concrete $5,429.80;
Rider Street and Perry Street inter-
section— concrete $482.00; Brunswick
Special Session,
Street from the north property line
of O'Neill Street to the City Lim-
its— concrete $1,716.00, and Grove -
land Street from the west property I
line of Burden Street to the east
property , line of Brunswick Street --
concrete $2,860.00 and O'Neill Street
from the west property line of Bur-
den Street to the west property line
of Brunswick Street — concrete,
$3,872.00; .Spruce Street from the
north property line of Julien Avenue
to the north property line of Wilbur
Street — concrete $990.00, have been
approved by the City Council of the
City of Dubuque and public notice
given as provided by Chapter 23 of
the Code of Iowa, 1927, pertaining
to public contracts and bonds, and
the time and place fixed for the hear-
ing of all objections to said plans.
specifications or contract for or cost
of such improvements, said time be-
ing this 23rd day of 3uly, 1928; and
Whereas, the City Council met in
special session pursuant to legal call
this 23rd day of July, 1928, at 5
o'clock P. M. at the Council 'Cham-
bers in the City Hall for the pur-
pose of hearing all interested parties
and considerating any and all ob-
jections which have been filed to
the proposed plans, specifications or
contract for or cost of any of the
public improvements herein de-
scibed and proposed to be made;
and
Whereas, all interested parties
have been given an opportunity to
be here and all objections which
have been filed have been duly
weighed and considered; now, there-
for
Be it resolved by the City Council
of the City of Dubuque, that all ob-
jections which have been made and
filed to the plans, specifications or
contract for or cost of any of said
improvements herein described and
proposed to be made, be and the
same are hereby overruled and such
plans, specifications and form of con-
tract hertofore approved are hereby
adopted.
Be it further resolved that this
resolution containing the decision of
this Council upon all objections
which have been filed to the plans,
specifications and form of contract
for or cost of said improvements
be made a matter of permanent rec-
ord in connection with said improve-
ments.
Passed, adopted and approved this
23rd day of July, 1928.
WM. H. MEUSER,
Mayor pro -tem.
EARL YOUNT,
ED. McEVOY,
H. F. SCHUCKERT,
Councilmen.
July 23rd, 1928 197
Attest: JOHN STUBER,
City Clerk.
Councilman McEvoy moved the ad-
option of the resolution. Seconded
by Councilman Schuckert. Carried
by the following vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent —Mayor Maclay.
Heating contractor's bond of M. E.
Griffin presented for approval.
Being properly executed, Council-
man McEvoy moved that the bond
be received and placed on file. Sec-
onded by Councilman Yount. Car-
ried by the following vote:
Yeas —Mayor pro-tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent —Mayor Maclay.
Petition of Mrs. Kate Cashman re-
ferred to the Council by the Board
of Supervisors, asking that the 1927
tax on East 1 /2 of lot 2 of Sub. of
lots 245 and 246 Glendale Add. be
cancelled.
Councilman Schuckert moved that
the petition be referred to the City
Solicitor. Seconded by Councilman
Yount. Carried by the following
vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent —Mayor Maclay.
An Ordinance changing grade on
Pierce Street, being profile No. 1198,
presented and read.
Councilman Yount moevd that this
be considered the first reading of
the Ordinance. •Seconded by Coun-
cilman McEvoy. Carried by the fol-
lowing vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent —Mayor Maclay.
Councilman Yount moved that the
rules requiring an Ordinance to be
read on three separate days be sus-
pended. Seconded by Councilman
Schuckert. Carried by the follow-
ing vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent —Mayor Maclay.
The Ordinance was read a second
time.
Councilman Yount moved that this
be considered the second reading of
the Ordinance. Seconded by Coun-
cilman Schuckert. Carried by the
following vote:
Yeas —Mayor pro -tem Meuser,
198 Special Session,
Councilmen McEvoy, Schuckert and
Yount.
Nays—None.
Absent —Mayor Maclay.
An Ordinance establishing a cent-
er grade on Brunswick Street, being
profile No. 1195, 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 pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent —Mayor Maclay.
Councilman Schuckert moved that
the rules requiring an Ordinance to
be read on three separate days be
suspended. Seconded by Council-
man Yount. Carried by the follow-
ing vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent — Mayor Maclay.
The Ordinance was read a second
time.
Councilman Schuckert moved that
this be considered the second read-
ing of the Ordinance. Seconded by
Councilman Yount. Carried by the
following vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent —Mayor Maclay.
An Ordinance establishing a grade
on Windsor Avenue, being profile
No. 1200, presented and read.
Councilman Schukert moved that
this be considered the first reading
of the Ordinance. Seconded by
Councilman Yount. Carried by the
following vote:
,Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent—Mayor Maclay.
Councilman Schuckert moved that
the rules requiring an Ordinance to
be read on three separate days be
suspended. Seconded by Councilman
Yount. Carried by the following
vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent — Mayor Maclay.
The Ordinance was read a second
time.
Councilman Schuckert moved that
this be considered the second read-
ing of the ordinance. Seconded by
Councilman Yount. Carried by the
following vote:
July 23rd, 1928
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
An Ordinance establishing a cen-
ter grade on O'Neill Street, being
profile No. 1197, presented and read.
Councilman Schuckert moved that
this be considered the first reading
of the Ordinance. Seconded by
Councilman Yount. Carried by the
following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Councilman Schuckert moved that
the rules requiring an ordinance to
be read on three separate days be
suspended. Seconded by Councilman
Yount. Carried by the following
vote.
Yeas —Mayor pro -tem Meuser,
Councilmen Schuckert, McEvoy,
Yount.
Nays —None.
Absent —Mayor Maclay.
The Ordinance was read a second
time.
Councilman Schuckert moved that
this be considered the second read-
ing of the Ordinance. Seconded by
Councilman. Yount. Carried by the
following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen Schuckert, McEvoy,
Yount.
Nays —None.
Absent —Mayor Maclay.
An Ordinance establishing a grade
on Wilson Street from the north
property line of Julien Avenue to the
south property line of West 11th
Street, being profile No. 1199, pre-
sented and read.
Councilman Schuckert moved that
this be considered the first reading
of the ordinance. Seconded by Coun-
cilman Yount. Carried by the fol-
lowing vote:
Yeas —Mayor pro -tem Meuser,
Councilmen Schuckert, McEvoy,
Yount.
Nays —None.
Absent —Mayor Maclay.
Councilman Schuckert moved that
the rules requiring an ordinance to
be read on three separate days be
suspended. Seconded by Councilman
Yount. Carried by the following
vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
The Ordinance was read a second
time. Councilman Schuckert moved
that this be considered the second
reading of the ordinance. Seconded
by Councilman Yount. Carried by
the following vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
An Ordinance establishing a cen-
ter line grade on Groveland Street,
being profile No. 1196, presented and
read.
Councilman Schuckert moved that
this be considered the first reading
of the ordinance. Seconded by Coun-
cilman Yount. Carried by the fol-
lowing vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Councilman Schuckert moved that
the rules requiring an ordinance to
be read on three separate days be
suspended. Seconded by Council-
man Yount. Carried by the follow-
ing vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
The Ordinance was read a second
time.
Councilman Schuckert moved that
this be considered the second read-
ing of the Ordinance. Seconded by
Councilman Yount. Carried by the
following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Resolution Designating Depositories
for Public Funds
Be it resolved by the City Coun-
cil of the City of Dubuque that the
resolution heretofore adopted by this
Council naming certain banks within
the City of Dubuque as depositories
of public funds and fixing the
amounts to be deposited in each of
said banks be and the same is here-
by amended so that hereafter this
resolution shall remain in force and
effect and take the place of the reso-
lution heretofore adopted, until such
a time as this resolution may be
further changed or amended by pass-
age of a subsequent resolution.
Be it further resolved that the fol-
lowing banks shall be named as de-
positories of public funds of the City
of Dubuque, to -wit: Consolidated Na-
tional Bank, Federal Bank & Trust
Company, First National Bank,
Iowa Trust and Savings Bank, Union
Special Session, July 23rd, 1928 199
Trust and Savings Bank, American
Trust and Savings Bank
Be it further resolved that the
amount of public funds to be depos-
ited in each of said banks shall not
exceed the sum of $80,000, and the
City Treasurer is 'hereby instructed
to carry out the terms of this reso-
lution and to file with the County
Treasurer a copy of this resolution
showing the list of such depositories.
Adopted July 23d, 1928.
WM. H. MEUSER,
Mayor pro -tem.
EDWARD McEVOY,
HENRY F. SCHUCKERT,
EARL YOUNT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Yount • moved the
adoption of the resolution. Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
A communication from the Amer-
ican Surety Co. asking that the sign
bond of Robert Hughes (Central
Hotel) be cancelled, he having taken
out a bond with another company.
Councilman McEvoy moved that
the prayer of the petition be granted.
Seconded by Councilman Schuckert.
Carried by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Petition -of property owners (being
all the property owners) on Paul
Street (8 signers) asking' that said
street be paved with asphalt. Sign-
ed by J. J. Barker, A. Lungwitz, Mrs.
Julia Herr et al.
Councilman Yount moved that the
petition be referred to the City Man-
ager. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Petition of residents in the district
now served by the Linwood street-
car line asking that the Council
adopt the necessary resolutions to
improve a sufficient portion of Davis
Avenue and Sheridan Place in order
that the Interstate Power Co. may
operate motor busses over them and
better serve Burden Street and vic-
inity. Signed by Geo. Bock, Geo.
'I!
200 Special Session,
Dushall, Matthew Wagner et al. (49
ssigners).
Councilman Yount moved that the
petition be referred to the Council
for further consideration. Seconded
by Councilman Schuckert. Carried
by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Petition of Peter H. McCarthy
stating that the City Council by Or-
dinance No. 165, adopted and ap-
proved August 24th, 1885, vacated
East 8th Street from Pine Street to
the east line of Lot 20, Block 12,
Dubuque Harbor Improvement Com-
pany's Addition, to the Dubuque
Electric Co. for $1,000, stating fur-
ther that it is the duty of the pres-
ent Council to repeal said ordinance
or condemn this vacated street the
same as if this street was originally
opened up for street purposes, and
return the purchase price to the
Interstate Power Co.
Councilman Yount moved that the
petition be referred to the City
Manager. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
July 23, 1928.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:
At your meeting held July 17th a
communication from Peter H. Mc-
Carthy, regarding the vacation of
Commercial Street east of Diagonal
Street, Tower Street north of Diag-
onal Street and the outer levee north
of the north line extended of Lot 7,
Block 2, Dubuque Harbor Improve-
ment Co. Addition, which were va-
cated in 1888, was referred to your
City Manager for report.
Section 3 of the above mentioned
ordinance specifies that at the end
of twenty -five years the Standard
Lumber Company, who then occu-
pied the property, was to re- convey
to the City of Dubuque, without com-
pensation, the streets then vacated,
not including the improvements
thereon, if required by said City for
street purposes or if abandoned for
three consecutive years as a manu-
facturing plant.
Inasmuch as the twenty -five years
period has expired and it seems that
the above mentioned streets are
needed for public use and inasmuch
as the Standard Lumber Company
mills have long been burned down
July 23rd, 1928
and have not been occupied for a
period of three consecutive years, it
is the recommendation of your City
Manager that the City Solicitor be
instructed to prepare the necessary
ordinance or resolution declaring the
streets above mentioned re- opened
for public use.
Very respectfully yours,
0. A. KRATZ,
City Manager.
Councilman McEvoy moved that
the report and recommendation of
the Manager be approved and adopt-
ed. Seconded by Councilman Schu-
ckert. Carried by the following
vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Councilman Yount moved that the
rules be suspended to give anyone
present who wished to do so an
opportunity to address the Council.
Seconded by Councilman Schuckert.
Carried by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
Peter McCarthy addressed the
Council stating that he had the peti-
tion relative to the rescinding of
Ordinance No. 165 and reopening
East 8th Street some time ago and it
was referred to the City Solicitor,
and he heard no more about it, and
he hereby asks the Council to take
some action. The petition was re-
ferred to the City Manager.
A committee from the chamber of
Commerce composed of Waldo 4d-
ams, J. J. Roshek, 0. A. Reynolds,
F. J. Delaney et al. appeared before
the Council and stated that they are
raising funds for the formal opening
of the Municipal River and Rail Ter-
minal scheduled for August 16th;
that the cost of this celebration Will
he in the neighborhood of $2,500.00,
and they hereby ask that the Council
donate $1,200.00; that if the Council
does not contribute towards this,
they will have to call off the celebra-
tion.
Councilman Yount moved that the
matter be referred to the Council for
consideration after other matters
now before it are disposed of. Sec-
onded by Councilman Schuckert.
Carried by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen Schuckert, McEvoy,
Youn t.
Nays —None.
Absent —Mayor Maclay.
Geo. Berg, 731 Central Avenue, ad-
1 dressed the Council stating that he
intends to build a garage on the al-
ley of said lot, and that the Building
Inspector informed him that he must
build it of tile. He stated that the
place is so narrow that if he would
build it of tile he could not get in
with his automobile. He asks that
he be allowed to build it of wood
with sheet iron covering on the out-
side.
Councilman Schuckert moved that
this be referred to the City Manager.
Seconded by Councilman Yount.
Carried by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert,
Yount.
Nays —None.
Absent —Mayor Maclay.
0. A. Reynolds, secretary of the
Chamber of Commerce, addressed
the Council relative to the appoint-
ing of a City Planning and Zoning
Commission. The committee ap-
peared before the Council May 14th,
1928, they have heard no more about
the matter and they hereby again
call the attention of the Council to
this matter.
Mr. Reynolds was informed that
the Council would take up this mat-
ter as soon as the Mayor and City
Solicitor who are now on a vacation,
would return.
Mr. Frank Delaney, secretary of
the Retail Merchants Bureau, ad-
dressed the Council stating that some
time ago the board of directors of
the Retail Merchants Bureau met
with the City Solicitor to outline a
number of ordinances and amend-
ments to ordinances which the re-
tail merchants of Dubuque desired
very much to have enacted. He was
also informed that this matter will
be taken up when the City Solicitor
returns from his vacation.
Communication from the Inter-
state Power Co. to Mr. 0. A. Kratz,
City Manager:
Dear Sir: Confirming our conver-
sation of Monday, July 16th, I wish
to advise that we will go ahead with
the Linwood street car line change,
on the basis that we pay no part of
the proposed paving, but that we will
remove all old rail and replace the
paving where the rail is removed
from the paved street.
Yours very truly,
INTERSTATE POWER CO.
By A. H. Smith, Railway Supt.
Councilman Schuckert moved that
the communication be received and
placed on file for future reference.
Seconded by Councilman Yount. Car-
ried by the following vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Special Session, July 23rd, 1928
201
Absent —Mayor Maclay.
Certificate of Library Tax
To the Honorable Mayor and City
Council:
This is to certify that the Board
of Trustees of the Dubuque, Iowa,
Public Library, at a meeting of the
Library Board held July 13, 1928,
determined and fixed the tax needed
for the amount of the Library Board
for the ensuing year 1929 for Library
purposes, at $35,000.
The same is hereby certified to
the City Council to be levied, col-
lected and appropriated for mainten-
ance of said Library for the ensuing
year.
Dated July 13th, 1928.
By H. B. GNIFFKE, President.
By MAY CLARK, Secretary.
Board of Library Trustees.
Councilman Yount moved that the
communication be referred to the
Council. Seconded by Councilman
McEvoy. Carried by the following
vote:
Yeas — Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays —None.
Absent —Mayor Maclay.
To the Honorable City Council of
the City of Dubuque, Iowa.
Gentlemen: In compliance with
the provisions of the statutes of Iowa
the Dock Commission of the City of
Dubuque, by resolution duly adopted
the 23rd day of July, 1928, has fixed
the tax needed to be levied or cer-
tified for levy for Dock Commission
purposes by your Honorable Body
for the coming year to be at the
rate of 2 mills on the dollar of
the assessable property of the city
and that said amount expressed in
dollars is $26,550 and herewith en-
close for your consideration and ac-
tion is properly signed copy of the
resolution duly adopted.
Your respectfully,
DUBUQUE DOCK COMMISSION.
By L. H. Brede, President,
By J. A. Kerper, Secretary.
The following resolution was duly
adopted by the Dock Commission of
the City of Dubuque by unanimous
vote of the members present at said
meeting held July 23rd, 1928, in the
City of Dubuque, Iowa:
Resolved as required by the stat-
utes of Iowa providing for levy of
taxes for cities in the State for Dock
Commission needs and purposes the
Dock Commission of the City of Du-
buque, Iowa, on this 23rd day of
July, 1928, fixes and certifies to the
Honorable City Council of Dubuque,
Iowa, as the tax needed to be levied
by said City Council for Dock Com-
mission needs and purposes for the
coining year including the sum need-
ed to pay the Dock Bonds coming
ai;
202 Special Session July 25th, 1928 Special Session, July 25th, 1928 203
due beginning 1929 and the interest
then due on the remaining Dock
Bonds to be thereat of 2 mills on
the dollar of the assessed value of
the taxable property of the City of
Dubuque and that said amount of
said taxes so required expressed in
Dollars is $26,550.
DUBUQUE DOCK COMMISSION.
By L. H. Brede, President.
By J. A. Kerper, Secretary.
By P. S. Fawkes,
Commissioners.
Councilman Yount moved that the
resolution be referred to the City
Council. Seconded by Councilman
Schuckert. Carried by the following
vote:
Yeas - Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays -None.
Absent -Mayor Maclay.
Councilman Schuckert moved that
the bond of the City Auditor be re-
duced to $10,000. Seconded by Coun-
cilman Schuckert. Carried by the
following vote: -
Yeas - Mayor pro -tem Meuser,
Councilmen. McEvoy, Schuckert and
Yount.
Nays -None.
Absent -Mayor Maclay.
Upon due deliberation and consid-
eration of the Council on the matter
of subscribing to the Dock Terminal
celebration.
Councilman McEvoy moved that
the City Manager be authorized to
subscribe not to exceed $1,000 from
the City's funds to the opening of
the Dock Terminal celebration to be
held August 16th, 1928. Seconded
by Councilman Schuckert. Carried
by the following vote:
Yeas - Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert and
Yount.
Nays -None.
Absent -Mayor Maclay.
There being no further business,
Council adjourned.
JOHN STUBER,
City Clerk.
Approved 1928.
Adopted 1928.
Councilmen
Attest:
City Clerk.
CITY COUNCIL
(Official)
Special Session, July 25th, 1928.
Meeting called by order of Council-
men Meuser and McEvoy.
Council met at 5:00 P. M.
Present -City Manager Kratz,
Councilmen McEvoy, Meuser, and
Schuckert.
Absent -Mayor Maclay, Council-
man Yount.
Councilman Schuckert moved that
Councilman Meuser be appointed
Mayor pro -tem of this meeting. Sec-
onded by Councilman McEvoy. Car-
ried by the following vote:
Yeas- Councilmen McEvoy and
Schuckert.
Nays -None.
Absent -Mayor Maclay, Council-
man Yount.
Not voting - Councilman Meuser.
Mayor pro -tem Meuser read the
call and stated that service thereof
had been duly made and that this
meeting is called for the purpose of
considering for adoption the Tax
Levy Budget of the City of Dubuque
for the fiscal year 1929, and fixing a
date of hearing on said budget and
acting on any other business that
may come before the meeting.
BUDGET ESTIMATE AND RECORD OF FILING
TOWN AND CITY
Estimate
NOTICE -The city council of the City of Dubuque of Dubuque
County, Iowa, will meet on the 6th day of August, 1928, at 5:00 p. m.,
at Council Chamber in the City Hall, Dubuque, Iowa.
Taxpayers will be heard for or against the following estimate of ex-
penditures at that time.
Proposed Balance
Expendi- on hand
FUNDS- tu'res June 30,
Estimated 1928
1929
General $ 238,000 $ 23,337
Improve-
ment . 59,000
Grading. 35,400
Sewer ... 59,000
Light .. 59,000
The above funds
as and for the same.
Fire
equip-
ment .. 5,900
Fire
mainte-
nance 82,600 8,991
Firemen's
pension 21,650 7,811
Garbage
disposal 23,600 5,411
Library.. 29,500 10,703
Water-
works 175,000 57,592
Park ... 44,800 12,709
Policemen's
pension 3,950 7,319 6,000
Bond ... 87,600 22,130
Bond in-
terest 54,000
Emergency 11,800
Comfort
station 737
Play-
grounds
Bridge ..
Dock ...
4,425
148
26,550
Consol.
Fund
Bal.
Resolution.
Whereas the Budget Estimate of
Expenditures for the various funds
of the City of Dubuque has been
duly prepared by the City Council of
said City and the same has been
duly filed in the office of the City
Clerk for public inspection; now
therefore
Be it resolved by the City Council
of the City of Dubuque, that the City
Clerk be and he is hereby directed
to cause said budget estimate of ex-
penditures for the year 1929 to be
duly published in the Telegraph -
Herald and Times - Journal news-
paper at least ten days before the
date herein set for public hearing on
JOHN STUBER,
City Clerk.
Estimated Estimated Amount Expendi- Expendi-
Surplus Income Necessary tures tures
of Balance ether than to be for year for year
on hand Taxation raised by 1927 1926
Taxation
$120,000 $118,000 $252,886 $228,345
59,000 57,220
35,400 34,332
59,000 57,220
59,000 57,220
comprise the Consolidated Fund, and will
536
242
1,358
2,294
82,600
1,000 20,650
23,600
29,500
175,000
15,300 29,500
57,020
34,212
57,020
57,020
be levied
6,121 5,500 5,900 13,271 13,370
81,106 84,131
17,516 17,058
23,000 17,000
27,946 30,275
154,848 166,207
42,529 40,000
1,000 2,950 5,142 5,966
87,600 50,500 100,500
54,000 64,185 46,801
11,800 12,000 12,000
737 600 600
4,425 3,000 . 3,000
148
26,550 10,203
Totals $1,022,660 $166,554 $11,500 $312,300 $710,360 $964,724 $970,525
Estimated Taxes per $1,000.00 of assessed value, $15.05.
July 26 -1t.
said budget, said newspaper being a
newspaper of daily circulation in the
City of Dubuque, Dubuque County,
Iowa.
Be it further resolved that the 6th
day of August, 1928, at 5:00 P. M.,
be fixed as the date upon which said
public hearing will be held at the
Council Chamber in the City Hall in
the City of Dubuque, Iowa.
Passed, approved and adopted by
the City Council of the City of Du-
buque this 25th day of July, 1928.
WM. H. MEUSER,
Mayor pro -tem.
ED. McEVOY,
HENRY F. SCHUCKERT,
Councilmen.
•
1
204 Special Session, July
Attest: JOHN STUBER,
City Clerk.
Councilman Schuckert moved the
adoption of the resolution. Second-
ed by Councilman McEvoy. Carried
by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy and Schuckert.
Nays--None.
Absent —Mayor Maclay, Council-
man Yount.
Resolution Adopting and Approving
Proposed Plans and Specifications
and Proposed Form of Contract for
Alley Improvements.
Whereas, proposed plans, specifica-
tions and form of contract have been
duly prepared for the construction of
the public improvements herein de-
scribed, now therefore,
Be it resolved by the City Council
of the City of Dubuque that the pro-
posed plans, specifications and form
of contract heretofore prepared be
and the same are hereby approved
for the construction of the following
improvements, to -wit: Alley first
east of Center Street from the north
property line of Julien Avenue to the
south property line of Rose Street,
concrete $2,856.00; Alley first south
of West Fifth Street from the west
property line of Nevada Street to the
east property line of North Booth
Street, concrete $1,160.00.
Be it further resolved that on the
6th day of August, 1928, a public
hearing will be held at 5 o'clock P.
M. in the Council Chambers of the
City of Dubuque, for the purpose of
hearing objections which may be
filed by any interested persons to
the proposed plans or specifications
or form of contract for, or cost of
any of such improvements and the
City Clerk be and he is hereby di-
rected to cause a notice of the time
and place of such hearing to be pub-
lished in the official newspapers of
the City of Dubuque, at which hear-
ing the Council will hear such ob-
jections and enter on record its final
decision thereon.
Be it further resolved that the pro-
posed plans, specifications and form
of contract be preserved on file in
the office of the Clerk for public
inspection.
Passed, adopted and approved this
25th day of July, 1928.
WM. H. MEUSER,
Mayor pro -tem.
ED. McEVOY,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Schuckert moved the
adoption of the resolution. Second-
25th, 1928
ed by Councilman McEvoy. Carried
by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert.
Nays —None.
Absent —Mayor Maclay, Council-
man Yount.
RESOLUTION OF NECESSITY
FOR THE CONSTRUCTION OF
ALLEY IMPROVEMENTS CON -•
SISTING OF GRADING, PAVING
AND DRAINING; FOR THE MAK-
ING OF UNDERGROUND CON-
NECTIONS; AND FOR THE CON-
STRUCTION OR REPAIR OF
PERMANENT SIDEWALKS,
DRIVEWAYS AND WATER
DRAINS.
Whereas, a plat and schedule has
been duly prepared by the City Coun-
cil and is now on file in the office of
the Clerk, showing the alleys to be
improved, the boundaries of the dis-
trict, if any, the width of the im-
provements, each lot proposed to be
assessed, an estimate of the cost of
the proposed improvement for each
type of construction and kinds of
materials to be used, and in each
case the amounts which it is estim-
ated will be assessed against each
lot for such improvements
Be it, theretore, Resolved by the
City Council of the City of Dubuque,
on its own motion or upon petition
of property owners, that it is deemed
necessary or advisable to build, con-
struct and put in place certain alley
improvements, as herein described,
in, upon and along the following al-
leys, to -wit: Alley first east of Cen-
ter Street from the north property
line of Julien Avenue to the south
property line of Rose Street; Alley
first south of West Fifth Street from
the west property line of Nevada
Street to the east property line of
North Booth Street.
Such alley improvements shall con-
sist of grading, paving, draining and
the paving shall be constructed of
six inch plain concrete.
All of the grading and paving shall
be constructed and done in accord-
ance with the plans and specifica-
tions which have been prepared
therefor by the City Engineer which
have been or will be approved by the
City Council before a contract is en-
tered into. That sewer drains shall
he constructed where necessary to
take care of surface water.
That the cost and expense of mak-
ing said improvements shall be as-
sessed upon and against all privately
owned property lying within the as-
sessable distance provided by law,
whether the same abuts thereon or
is adjacent thereto, according to area
and in proportion to the special ben-
efits conferred, and any deficiency
shall be paid out of the general or
improvement funds of the City, or
partly out of each of such funds.
Bonds shall be issued and sold in
anticipation of deferred payments of
assessments when the contract has
been performed and accepted and
the proceeds thereof used to pay the
contractor.
Be it further resolved that under -
ground connections with sewer,
water and gas mains in said alleys
be deemed necessary and the same
are ordered made to the curb lines
of adjacent property before said al-
leys are improved and that a writ-
ten notice to made such connections
within ten days from the service
thereof be given to the owner or
owners of such property and, in the
event, such connections are not
made within said time, then such
work will be done under contract
and the cost thereof will be assessed
to the property for which the same
have been made. One connection
shall be required of each lot of 50
linear feet unless the lot is sub-
divided or in acreage, in which event
such additional connections will be
required as will adequately serve the
property, and the notice shall state
the number of connections that are
required for each lot or parcel of
real estate.
Be it further resolved that the
sidewalks and water drains therein
and driveways to private property
along such alleys be deemed neces-
sary to be constructed, reconstructed
or repaired and the same are hereby
ordered constructed or repaired and
such work shall be done under con-
tract and the cost thereof assessed
to the property for whose benefits
such improvements are made in the
manner provided by law.
All underground connections, side-
walks, drains and driveways shall be
constructed according to specifica-
tions prepared therefor.
That separate contracts will be en-
tered into for each alley improve-
ment, and the cost of each improve-
ment will be separately assessed.
Be it further resolved that the
above and foregoing improvements
are hereby proposed to be made and
constructed as hereinbefore set forth,
and that this proposed resolution,
except this paragraph, be and the
same is hereby set down for further
and final hearing, consideration and
determination at a meeting of this
Council to be held on the 13th day
of August, 1928, at 5 o'clock P. M.,
in the Council Chambers of the City
Hall of this City, and the Clerk be
and he is hereby instructed to cause
Special Session, July 25th, 1928 205
notice of the pendency of this resolu-
tion and of the time and place when
and where the same will be consid-
ered for passage, to be given by pub-
lication in the official newspaper of
said City, in the manner and for the
time prescribed by law, at which
time the owners of property subject
to assessment for any of said pro-
posed improvements may appear and
snake objection to the boundaries of
the district if 'any, the cost of any
of the proposed improvements, the
amount to be assessed against any
lot, and to the passage of the pro-
posed resolution, and unless property
owners at the time of the final con-
sideration of said resolution have on
file with the Clerk written objections
to the amonts of any of the proposed
improvements, they shall be deemed
to have waived all objections there-
to.
The above resolution was intro-
duced, approved and ordered placed
on file with the City Clerk and notice
of its pendency ordered published
this 25th day of July, 1928.
Approved:
WM. H. MEUSER,
Mayor pro -tem.
ED. McEVOY,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Schuckert moved that
the resolution be approved and
placed on file for final action. Sec-
onded by Councilman McEvoy. Car-
ried by the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert.
Nays —None.
Absent —Mayor Maclay, Council-
man Yount.
Councilman Schuckert moved that
the rules be suspended to allow any
one present who wished to do so to
address the Council. Seconded by
Councilman McEvoy. Carried by the
following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert.
Nays —None.
Absent —Mayor Maclay, Council -
man Yount.
Messrs. Herbert Adams and F. J.
Piekenbrock of the Dubuque Park
Board addressed the Council relative
to the tax levy to be made for park
purposes, stating that if the Council
takes off the '/ mill which they were
allowed last year that the Park
Board would be seriously handi-
capped. They have another park to
look after, namely, the Tourist's
Park on South Grandview Avenue,
and the Council instead of reducing
the appropriation to where it was be-
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
A remonstrance against the im-
proving of Windsor Avenue, signed
by tax payers, stating that the gen-
eral conditions do not justify the im-
proving of this street at this time.
Signed by Wm. Messehl, Frank Dan-
cer, F. M. Blake, Clem Sheridan,
et al, (9 signers).
A remonstrance by property own-
ers against the improvement of
Pierce Street, stating that the pro-
perty is not of sufficient value to
stand the expense of said improve-
ment, secondly there is not enough
improved property on Pierce Street
to warrant the City of Dubuque to
make said improvement at this time,
and the property would be unduly
burdened with the cost of such im-
provement, and would be made un-
salable by reason of the additional
assessment imposed thereby. Signed
by W. J. Connolly, Mary A. Russell,
P. J. Kehoe, et al (10 signers).
Petition of Miss Alma Kruse re-
monstrating against the improve-
ment of O'Neill Street, stating that
she is owner of Lots 32 -33 -34 in
O'Neill's Riverside Add., that the
contemplated paving of this street
will cost $124.51 per lot, whereas
these lots are 'valued at $120.00 each.
Since the assessment exceeds the
value of the lots, she asks that the
assessment be set at a figure which
is within reason and the law.
Petition of E. E. Bowen objecting
to the proposed assessment against
his property for the improvement of
Wilbur Street, stating that Wilbur
Street does not abut his property;
secondly because that part of Grove
Terrace abutting his lot has been im-
proved and the assessment paid for,
said improvement having been made
and levied within the period prohib-
ited for making another assessment
improvement thereon; thirdly, be-
cause said contemplated improve-
ment and an assessment therefor
would be a discrimination against
his lot and in favor of the other abut-
ting property owners on said Grove
Terace, that part of Grove Terrace
abutting his said lot being only part
of Grove Terrace contemplated in
this assessment.
Councilman Meuser moved that
the rules be suspended to allow any
one present who wished to do so to
address the Council. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent— Counilman Yount.
Clem Sheridan addressed the
Special Session July 27th, 1928 207
Council relative to the petition re-
monstrating against the improve-
ment of Windsor Avenue, stating
that the assessment against his prop-
erty for this improvement would be
confiscatory, that the property is not
worth near what the assessment will
be. Miss Stella Sheridan also ad-
dressed the Council on this matter,
stating that the property will not
stand the assessment. That the as-
sessment sheet shows a great many
of their lots assessed at $206.00 each,
which is more than some of them are
worth.
Councilman Schuckert moved that
all of the remonstrances on the im-
provements of the above named
streets be received and filed. Sec-
onded by Councilman McEvoy. Car-
ried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
RESOLUTION OF NECESSITY
FOR THE CONSTRUCTION OF
STREET IMPROVEMENTS CON-
SISTING OF GRADING, PAVING,
CURBING, GUTTERING AND
DRAINING; FOR THE MAKING
OF UNDERGROUND CONNEC-
TIONS; AND FOR THE CON-
STRUCTION OR REPAIR OF
PERMANENT SIDEWALKS,
DRIVEWAYS AND WATER
DRAINS.
Whereas, a plat and schedule has
been duly prepared by the City Coun-
cil and is now on file in the office
of the Clerk, showing the streets to
be improved, the boundaries of the
district, if any, the width of the im-
provements, each lot proposed to be
assessed, an estimate of the cost of
the proposed improvement for each
type of construction and kinds of
materials to be used, and in each
case the amounts which it is estim-
ated will be assessed against each
lot for such improvements; be it,
therefore,
Resolved by the City Council of
the City of Dubuque, on its own mo-
tion or upon petition of property
owners, that it is deemed necessary
or advisable to build, construct and
put in place certain street improve-
ments, as herein described,-in, upon
and along the following streets, to-
wit. Pierce Street from the south
property line of West Locust Street
to the north property line of An-
gella Street; Wilson Street from the
north property line of West 5th
Street to the south property line of
West 8th Street; Wilson Street from
the north property line of Julien
Avenue to the south property line of
West 11th Street; Windsor Avenue
206 Special Session, July 27th,
fore the raise last year should in-
crease it. However if the appropria-
tion will be left as it was last year
the Park Board can go on with the
work as planned.
After due consideration the Coun-
cil decided to fix the appropriation
for park purposes the same as it was
last year.
Councilman Schuckert moved that
the corner at Queen Street and East
22nd Street, in front of the Pancratz
store, should be rounded. Seconded
by Councilman McEvoy. Carried by
the following vote:
Yeas —Mayor pro -tem Meuser,
Councilmen McEvoy, Schuckert.
Nays —None.
Absent —Mayor Maclay, Council-
man Yount.
There being no further business,
Councilman Schuckert moved to ad-
journ. Carried.
JOHN STUBER,
City Clerk.
Adopted 1928.
Approved 1928.
Councilmen
Attest:
City Clerk.
1928
GITY COUNCIL
(Official.)
Special Session, July 27th, 1928.
Meeting called by order of Mayor
Maclay, Councilman McEvoy.
Council met at 5:00 o'clock P. M.
Present — City Manager Kratz,
Mayor Maclay, Councilmen McEvoy,
Meuser and Schuckert.
Absent — Councilman Yount.
Mayor Maclay read the call and
stated that service thereof had been
duly made and that this meeting is
held for the purpose of adopting a
resolution of necessity for construc-
tion of street improvements on
Pierce Street. Wilson Street, from
Wiest 5th to West 8th Streets. Wil-
son Street from Julien Avenue to
West llth Street. Windsor Avenue,
Wilbur Street, Rider Street intersec-
tion, Brunswick Street, Groveland
Street, O'Neill Street, Spruce Street,
sanitary sewer in Thomas Place, con-
sidering bids for street improve-
ments, and acting on any other busi-
ness that may come before the meet-
ing.
Notice of pendency of resolution
of necessity certified to by the pub-
lisher, for the construction of street
improvements, for the making of un-
derground connections, and for the
construction or repair of sidewalks,
drains and driveways, on the follow-
ing named streets:
Pierce Street from the south pro-
perty line of West Locust Street to
the north property line of Angella
Street. Wilson Street from the north
property line of West 5th Street to
the south property line of West 8th
Street. Wilson Street from the north
property line of Julien Avenue to
the south property line of West llth
Street. Windsor Avenue from the
north line of the alley first south of
Strauss Street to the City Limits on
Davis Street. Wilbur Street from
the east property line of Grove Ter-
race to the east property line of
Spruce Street. Rider and Perry
Street intersection. Brunswick Street
from the north property line of O'-
Neill Street to the City Limits and
Groveland Street from the west pro-
perty line of Burden Street to the
east property line of Brunswick
Street, and O'Neill Street from the
west property line of Burden Street
to the west property line of Bruns-
wick Street. Spruce Street from
the north property line of Julien
Avenue to the north property line
of Wilbur Street.
Councilman Meuser moved that
the notice be received and filed. Sec-
onded by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor Maclay, Councilmen
•
208 Special Session, July 27th, 1928
from the north line of the Alley first
south of Strauss Street to the City
Limits on Davis Street; Wilbur
Street from, the east property line of
Grove Terrace to the east property
line of Spruce Street; Rider Street
and Perry Street intersection;
Brunswick Street Prone, the north
property line of O'Neill Street to the
City Limits, and Groveland Street
from the west property line of Bur-
den Street to the east property line
of Brunswick Street, and O'Neill
Street from the west property line of
Burden Street to the west property
line of Brunswick Street; Spruce
Street from the north property line
of Julien Avenue to the north prop-
erty line of Wilbur Street. Such
street improvements, shall consist of
grading, paving, draining, curbing
and guttering, the curb and gutter
shall be constructed of concrete or
old stone curb may be reset, and the
paving shall be constructed of one or
more of the following materials and
methods, to -wit: By paving with six
inch plain concrete. All of the grad-
ing, paving, curbing and guttering
shall be constructed and done in ac-
cordance with the plans and specifi-
cations which have been prepared
therefor by the City Engineer which
have been or will be approved by the
City Council before a contract is en-
tered into. That sewer drains shall
be constructed where necessary to
take care of surface water. That the
cost and expense of making said im-
provements shall be assessed upon
and against all privately owned prop-
erty lying within the assessable dis-
tance provided by law, whether the
same abuts thereon or is adjacent
thereto, according to area and in pro-
portion to the special benefits con-
ferred, and any deficiency shall be
paid out of the general or improve-
ment funds of the City, or partly out
of each of such funds. Bonds shall
be issued and sold in anticipation of
deferred payments of assessments
when the contract has been perform-
ed and accepted and the proceeds
thereof used to pay the contractor.
Be it further resolved that under -
ground connections with sewer, wa-
ter and gas mains in said streets be
deemed necessary and the same are
ordered made to the curb lines of
adjacent property before said streets
are improved and that a written no-
tice to make such connections with-
in ten days from the service thereof
be given to the owner or owners of
such property and, in the event such
connections are not made within
said time, then such work will be
done under contract and the cost
thereof will be assessed to the prop-
erty for which the same have been
•
made. One connection shall be re-
quired of each lot of 50 linear feet
unless the lot is subdivided or in
acreage, in which event such addi-
tional connections will, be required
as will adequately serve the prop-
erty, and, the. notice shall state the
number of connections that are re-
quired for each lot or parcel of real
estate:
Be it further resolved that the
sidewalks and water drains therein
and driveways to private property,
along such streets be deemed neo s-
sary to, be constructed, reconstructed
or repaired and the same are hereby
ordered constructed or repaired and
such work shall be done under con-
tract and the cost thereof assessed
to the property for whose benefits
such improvements are made in the
manner provided by law. All under-
ground connections, sidewalks, drains
and driveways shall be constructed
according to specifications prepared
therefor. That separate contracts
will be entered into for each street
improvement unless two or more
streets constitute a continuous or
connected thoroughfare and the lim-
its are defined, and the cost of each
improvement will be separately as-
sessed.
Be it further resolved that the
above and foregoing improvements
are hereby proposed to be made and
constructed as hereinbefore set forth
and that this proposed resolution,
except this paragraph, be and the
same is hereby set down for further
and final hearing, consideration and
determination at a meeting of this
Council to be held on the 27th day
of July, 1920, at 5 o'clock P. M., in
the Council Chambers of the City
Hall of this City, and the Clerk lie
and he is hereby instructed to cause
notice of the pendency of this reso-
lution and of the time and place
when and where the same will be
considered for passage, to be given
by publication in the official news-
paper of said City, in the manner
and for the time prescribed by law,
at which tune the owners of prop-
erty subject to assessment for any
of said proposed improvements may
appear and make objection to the
boundaries of the district, if any, the
cost of any of the proposed improve-
ments, the amount to be assessed
against any lot, and to the passage
of the proposed resolution and unless
property owners 'stit the time of the
final consideration of said resolution
have on file with the Clerk written
objection to the amounts of any of
the proposed improvements, they
shall be deemed to have waived all
objections thereto. The above reso-
lution was introduced, approved and
ordered placed. on file with the City
Clerk and notice of its pendency or -.
dered published this 10th day of
July, 1928.
Approved:
Mayor.
HENRY F. SCHUCKERT,
ED. McEVOY,
EARL YOUNT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Record for Final, Adoption.
The foregoing resolution was fin-
ally passed and adopted, as pro-
posed, by the City Council this 27th
day of July, 1928.
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
HENRY F. SCHUCKERT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Certificate of Clerk.
It is hereby certified that at the
time set for the final consideration
of the above resolution no remon-
strance had been filed with the
Council signed by 60% of the prop-
erty owners and by the owners of
75% of the property subject to
assessment.
JOHN STUBER,
City Clerk.
Councilman Meuser moved the
adoption of the resolution. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
RESOLUTION ORDERING THE
CONSTRUCTION OF STREET
IMPROVEMENTS; THE MAKING
OF UNDERGROUND CONNEC-
TIONS; THE CONSTRUCTION
OF PERMANENT SIDEWALKS,
DRAINS AND DRIVEWAYS;
AND DIRECTING THE CLERK
TO ADVERTISE FOR BIDS.
Be it resolved by the City Coun-
cil- of the City of Dubuque, that pur-
suant to a resolution of necessity
proposed at a meeting of this Coun-
cil on the 10th day of July, 1928, the
street and other public improve-
ments described herein be and
the same are hereby ordered by this
Council upon its own motion and
with or without the petition of pro-
perty owners, the street improve-
ments to consist of grading, pav-
ing, draining, curbing and gutter-
ing, in upon and along the follow-
Special Session, July 27th, 1928
209
ing named streets, to wit: Pierce
Street from the south property line
of West Locust Street to the north
property line of Angella Street; Wil-
son Street from the north property
line of West 5th. Street to. the. south
property line of West 8th, Street;
Wilson Street from the north pro-
perty line of Julien Avenue to, the
south property line of West 11th
Street; Windsor Avenue from the
north line. of the alley first south of
Strauss Street to the City Limits
on Davis Street; Wilbur Street from
the east property line of Grove. Ter-
race to the east property line of
Spruce Street; Rider and Perry
Street intersection; Brunswick
Street from the north property line
of O'Neill Street to the City Lim-
its and Groveland Street from the
west property line of Burden. Street
to the east property line of Bruns-
wick Street and O'Neil Street from
the west property line of Burden
Street to the west property line of
Brunswick Street; Spruce Street
from the north property line of Jul-
ien Avenue to the north property
line of Wilbur Street, the paving
to consist of six inch plain concrete
and the curb and gutter to be of
concrete construction, or old stone
curb may be reset where advisable.
All of the work shall be constructed
in accordance with the plans and
specifications heretofore adopted
and now on file in the office of the
City Clerk.
Be it further resolved that un-
derground connections with sewer,
water and gas mains in said streets
be and the same are hereby ordered
made to the curb lines of adjacent
property.
Be it further resolved that the
sidewalks, driveways to private
property and water drains along said
streets be and the same are here-
by ordered constructed, reconstruct-
ed or repaired.
Be it further resolved that the cost
and expense of the street improve-
ments be paid for by levying spe-
cial assessments against the pri-
vately owned property lying within
the assessable distance from the
improvements, whether such proper-
ty abut upon the same or are ad-
jacent thereto, according to the area
thereof and in proportion to the spe-
cial benefits conferred, and any de-
ficiency will be paid out of the gen-
eral or the improvement funds of
the city, or partly from each of such
funds. Payment will be made to the
contractor out of funds realized
from the sale of bonds to be issued
in anticipation of deferred payments
of assessments as provided by law
after the work has been completed
and accepted by the City Council.
210 Special Session July 27th, 1928 Special Session July 27th, 1928 211
The cost and expense of making un-
derground connections shall be lev-
ied against the lots or parcels of
real estate for whose benefit they
are made and the cost and expense
of constructing, reconstructing or
repairing sidewalks, drains and
driveways shall be levied against
the lots or parcels of real estate for
whose benefit they are constructed
and the contractor shall be paid
either in cash upon completion and
approval or from the proceeds of
bonds that may be issued in antici-
pation of the collection of the as-
sessments.
Be it further resolved that separ-
ate contracts will be entered into
for each street improvement unless
two or more streets .constitute a
continuous or connected thorough-
fare and the limits defined, and as-
sessments for the cost will be made
for each improvement.
Be it further resolved that the
City Clerk be and he is hereby or-
dered and directed to advertise for
proposals for the construction of
the various improvements herein
provided for in the manner provided
by law, all of which improvements
shall be completed on or before the
15th day of October, 1928.
Be it further resolved that this
resolution be deemed urgent and of
immediate necessity shall be in
force and effect from and after its
passage and adoption by the City
Council.
Approved and ordered placed on
file for one week for public inspec-
tion, July 27th, 1928.
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
H. F. SCHUCKERT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman McEvoy moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Coun-
cilman , Schuckert. Carried by the
following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Notice of publication of pendency
of resolution of necessity for the
construction of a sanitary sewer in
Thomas Place from the present sew-
er in Stafford Street to a point about
107 feet north. Certified to by the
publisher, presented.
There being no remonstrance,
Councilman Meuser moved that the
notice of publication be received
and filed. Seconded by Councilman
Schuckert. Carried by the follow-
ing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Resolution of Necessity for Construc-
tion of Sanitary Sewer
Whereas, a plat and schedule .has
been duly prepared by the City
Council of the City of Dubuque,
Iowa, and now on file in the office
of the Clerk thereof, showing the
boundaries of the district, the
streets and other places along which
the sewer is to be constructed, the
terminal points of the same, each
lot proposed to be assessed there-
for, an estimate of the cost of the
same for each different type of con-
struction and the kind of materials
to be used and in each the amount
thereof which it is estimated will
be assessed against each lot. Be it
therefore, resolved by the City
Council of said City, on its own mo-
tion, that an eight inch tile pipe
sanitary sewer be constructed in
Thomas Place from the present
sewer in Stafford Street to a point
about 107 feet north. Said sewer
shall be provided with manholes and
any other appurtenances that may
be necessary. Said sewer shall be
constructed in accordance with the
plans and specifications prepared by
the City Engineer, having been duly
approved by the City Council and
Manager and now on file in the
office of the City Clerk. That the
cost and expense of making and con-
structing said sewer shall be assess-
ed against the privately owned pro-
perty abutting thereon, not to ex-
ceed the amount provided by law
and upon such adjacent property as
might be benefited thereby and in
proportion to such benefits, and any
deficiency shall be paid out of the
general fund or sewer fund, or part-
ly from each of said funds and
bonds shall be issued and sold in an-
ticipation of deferred payments of
assessments and the proceeds there-
of used to pay the contractor.
Be it further resolved that the
above and foregoing sewer is here-
by proposed to be constructed as
hereinbefore set forth, and that this
proposed resolution, except this par-
agraph, be and the same is hereby
set down for further and final hear-
ing, consideration and determina-
tion, at a meeting of the City Coun-
cil to be held on the 27th day of
July, 1928, at 5 o'clock P. M. in the
Council Chamber of the City Hall of
this City, and the City Clerk be
and he is hereby instructed to cause
notice of the pendency of the above
resolution, and the time and place,
when and where said proposed res-
olution will be considered for pass-
age, to be given by publication in
the official. newspapers of said' City,
in the manner and for the time pre-
scribed by law, at which time the
owners of property subject to as-
sessment for said proposed sewer
may appear and make objection to
the boundaries of the proposed dis-
trict, if any, to the cost of the pro-
posed sewer, to the. amount proposed
to be assessed against any lot, and
to the passage of the proposed res-
olution, and unless property owners
at the time of the final considera-
tion of said resolution have on file
with the Clerk objections to the
amount of the proposed assessments,
they shall be deemed to have waived
all objections thereto.
The above resolution was ap-
proved and ordered placed on file
with the City Clerk and notice of
its pendency ordered published this
10th day of July, 1928.
Approved:
Mayor.
ED. McEVOY,
H. F. SCHUCKERT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
(City Clerk.
Record of Final Adoption
The foregoing resolution was fin-
ally passed and adopted, as pro-
posed, by the City Council this 27th
day of July, 1928.
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
H. F. SCHUCKERT,
WM. H. MEUSER,
Councilmen.
Attest: JOHN STUBER,
)City Clerk.
Certificate of Clerk
It is hereby certified that at the
time set for the final consideration
of the above resolution no remon-
strance had been filed with the
Council signed by 60% of the pro-
perty owners and by the owners of
75% of the property subject to as-
sessment.
JOHN STUBER,
City Clerk.
Councilman Meuser moved the ad-
option of the resolution. Seconded
by Councilman Schuckert. Carried
by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Resolution Ordering Construction of
Sewers and Directing Clerk
to Advertise for Bids
Be it resolved by the City Council
of the City of Dubuque, that pursu-
ant to a resolution of necessity, pro-
posed at a meeting of this Council
on the 10th day of July, 1928, and
duly passed on the 2t7h day of July,
1928, it is hereby ordered by this
Council, upon its own motion, and
without petition of property owners,
that the sewer described in said
resolution be constructed, the same
being an eight inch tile pipe sanitary
sewer in Thomas Place from the
present sewer in Stafford Street to
a point about 107 feet north.
Said sewer shall be constructed in
accordance with the plans and speci-
fications heretofore adopted and now
on file in the office of the City
Clerk.
Be it further resolved that the
City Clerk be and he is hereby or-
dered and directed to advertise for
proposals for the construction of
said sewer, as provided by law,
which sewer shall be completed on
or before the 1st day of October,
1928.
The cost and expense of said sew-
er will be paid for by levying spe-
cial assessments against the private-
ly owned property abutting upon
said sewer and also against such
adjacent property as might be bene-
fited thereby and in proportion to
such benefits, and payment will be
made to the contractor out of funds
realized from the sale of bonds to
be issued in anticipation of deferred
payment of assessments, as provided
by law, and any deficiency will be
paid out of the general fund or sew-
er fund, or partly from each of such
funds.
This resolution being deemed ur-
gent and of immediate necessity,
shall be in force and effect from and
after its passage and adoption by
the City Council.
Approved and ordered placed on
file for one week for public inspec-
tion, July 27, 1928.
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
H. F. SCHUCKERT,
WM. H. MEUSER,
Councilmen. '
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Coun-
cilman Schuckert. Carried by the
following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Notice to contractors certified to
by the publisher for proposal for the
construction of street improvements,
212 Special Session,
for making underground connections
and for the building or repairing of
sidewalks, drains and driveways, on
the following streets:
Dell Street from the south proper-
ty line of West 14th Street to the
north property line of Arlington
Street. Perry .Street from the west
property line of South Grandview
Avenue to end of the present im-
provement. Railroad Street from
the east property line of South Main
Street and South Main Street from
the north property line of Railroad
Street to the end of the present
brick pavement. Carlotta Street
from the east property line of Al-
pine street to the west property line
of Alta Vista Street, presented.
Councilman Meuser moved that
the notice of publication be received
and filed. Seconded by Councilman
Schuckert. Carried by the follow-
ing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent—Councilman Yount.
July 2, 1928. .
To the Honorable City Council,
Dubuque, Iowa.
Gentlemen: In accordance with
your instructions and our advertise-
ment, bids were received at 10 A.
M. Friday, July 27th, for the im-
provement of Dell Street from the
south property line of West 14th
Street to the north property line of
Arlington Street:
Uhlrich -Paley Co.— Concrete pav-
ing, $2.24; catch basin, $50.00; grad-
ing, 75c; total, $2,082.60.
James F. Lee Paving Co. —Con-
crete paving, $2.43; catch basin, $45;
grading, $1.00; total, $2,226.35.
Uhlrich -Paley Co.— Sidewalk per
sq. ft., 18c; total $36.00.
James F. Lee Paving Co. —Side-
walk per sq. ft., 18c; total, $36.00.
Engineer's estimate — $2,063.00.
I would respectfully recommend
that the contract for the improve-
ment of this street with concrete
be awarded to Uhlrich -Paley Co., as
their bid is the lowest one received.
Respectfully submitted,
0. A. KRATZ,
City Manager.
Councilmen Meuser moved that
the recommendation of the City
City Manager be approved. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
Resolution Awarding Contract.
Whereas, proposals have been sub-
mitted by contractors for The im-
provement of Dell Street from the
July 27th, 1928
south property line of West 14th
Street to the north property line of
Arlington Street by paving, grading,
curb and guttering, and constructing
cement sidewalks and down spout
drains, and Uhlrich -Paley Co., con-
tractor, has submitted the lowest bid
for the furnishing of all labor and
materials and performing the 'work
as provided for in the plans and
specifications; now therefore,
Be it resolved by the City Council
of the City of Dubuque that the "con-
tract for the improving of Dell Street
from the south property line of West
14th Street to the north property
line of Arlington Street by paving
with six inch plain concrete, grading,
curb and glittering, constructing ce-
ment sidewalks and .down spout
drains, be awarded to Uhlrich -Paley
Co., and the Mayor and Manager be
and they are hereby diretted to
execute "a 'contract on behalf of the
City of Dubuque for the complete
performance of said work.
Be it further resolved that this
resolution being deemed urgent and
of immediate necessity become effec-
tive from and after its passage and
adoption by the City ;Council.
Approved and ordered placed on
file for one week for public inspec-
tion July '27th, 1928.
Councilman Meuser moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Council-
man Schuckert. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
July 27th, 1928.
To the Honorable City Council,
Dubuque, Iowa.
Gentlemen:
In accordance with your instruc-
tions and our advertisement, bids
were received at 10 A. M. Friday,
July 27th, for the improvement of
Perry Street from the west property
line of South Grandview Avenue to
end of present improvement.
Uhlrich -Paley Co.— Concrete pav-
ing, $2.20; grading, 75c; total,
$1,256.50.
James F. Lee Paving Co. —Con-
crete paving, $2.39; grading, 90e;
total, $1,232.80.
Sidewalk per square foot:
James F. Lee Paving Co. -17c per
sq. ft.; total, $106.25.
Uhlrich -Paley Co. -20c per sq. ft.;
total, $125.00.
Engineer's Estimate, $1,116.00.
I would respectfully recommend
that the contract for the improve-
ment of this street with concrete be
awarded to Uhlrich -Paley Co. as
Special Session July 27th, 1928 213
their bid is the lowest one received
and the contract for the sidewalks
be awarded to James F. Lee Paving
Co. as their bid is the lowest one
received.
Respectfully submitted,
0. A. KRATZ,
City Manager.
Councilman Meuser moved that
the recommendation of the City Man-
ager be approved. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent— Councilman Yount.
Resolution Awarding •Contract.
Whereas, proposals have been sub-
mitted by contractors for the im-
provement of Perry 'Street from the
west property line of South Grand-
view Avenue to end of the present
improvement, by constructing ce-
ment sidewalks, and Jas. F. Lee Pav-
ing Co., contractors, 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 improving of Perry
Street from the west property line
of South Grandview Avenue to end
of the present improvement, by con-
structing cement sidewalks, be
awarded to Jas. F. Lee Paving Co.,
and the Mayor and Manager be and
they are hereby directed to execute
a contract on behalf of the City of
Dubuque for the complete perform-
ance of said work.
Be it further resolved that this
resolution being deemed urgent and
of immediate necessity become ef-
fective from and after its passage
and adoption by the City Council.
Approved and ordered placed, on
file for one week for public insj ec-
tion, July 27, 1928.
Councilman Meuser moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Coun-
cilman Schuckert. Carried by the
following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuckert.
Nays —None.
Absent — Councilman Yount.
July 27, 1928.
To the Honorable City Council,
Dubuque, Iowa.
Gentlemen: In accordance with
your instructions and our advertise-
ment, bids were received at 10 A.
M. Friday, July 27th, for the im-
provement of Railroad Street from
the east property line of South Lo-
cust Street to the east property line
of 'South Main Street, and South
Main Street from the north property
line of Railroad Street to the end
of the present brick pavement:
rates F. Lee Paving Co. —Con-
crete paving, $1.69; catch basins,
$45.00; extra 'grading, - 40e; ; gas, 70e;
total, $18,543.44.
Uhlrich - Paley Co.— Concrete pav-
ing, $1.84; catch basins, - $40.00; ex-
tra grading, 50c gas, 75c; total,
$20,079.90.
James Saul & Son —Concrete pav-
ing, $2.10; catch basins, $60.00; ex-
tra grading, 80c; gas, 800; total
$22,996.43.
Uhlrich -Paley Co.— Sewer, 600.
James F. Lee Paving Co.— Sewer,
1.50.
James Saul & Son— Sewer, 60e.
James F. Lee Paving Co. —Side-
walks per sq. ft., 16c; total, $237.60.
Uhlrich -Paley Co.— Sidewalks per
sq. ft., 16c; total, $237.60.
James Saul & Son— Sidewalks per
sq. ft., 17c; total, $252.45.
Engineers estimate — $26.756.00.
I would respectfully recommend
that the contract for the improve-
ment of this street with concrete be
awarded to James F. Lee Paving Co.
and the contract for the sewer be
awarded to Uhlrich -Paley 'Co., as
their bid is the lowest one received.
Respectfully submitted,
0. A. KRATZ,
City Manager,
Councilman McEvoy moved that
the recommendation of the City Man-
ager be approved. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser and Schuci
Nays —None.
Absent — Councilman Yount.
Resolution Awarding Contract.
Whereas, proposals have been sub-
mitted by contractors for the im-
provement of Railroad Street from
the east property line of South Lo-
cust Street to the east property line
of South Main Street and South
Main Street from the north property
line of Railroad Street to the end of
the present brick improvement, by
paving, grading, and constructing
cement sidewalks, and Jas. F. Lee
Paving Co., contractors, have sub-
mitted the lowest bid for the fur-
nishing of all labor and materials
and performing the work as provided
for in the plans and specifications;
now therefore,
Be it resolved by the City Council
of the City of Dubuque that the con -
tract for the improving of Railroad
Street from the east property line of
South Locust Street to the east prop-
erty line of South Main Street and
214 - Special Session, July 27th, 1928
South Main Street from the north
property line of Railroad Street to
the end of the present brick pave-
ment, by paving with six inch plain
concrete, grading, and constructing
cement sidewalks be awarded to Jas.
F. Lee Paving Co., and the Mayor
and Manager be and they are hereby
directed to execute a contract on be-
half 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 ordered placed on
file for one week for public inspec-
tion July 27th, 1928.
Councilman McEvoy moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Council-
man Schuckert. Carried by the fol•
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Resolution Awarding Contract.
Whereas, proposals have been sub-
mitted by the contractors for the
improvement of Railroad Street
from the east property line of South
Locust Street to the east property
line of South Main Street, and
South Main Street from the north
property line of Railroad Street to
the end of the present brick pave-
ment by constructing underground
connections with the sanitary sewer,
and Uhlrich -Paley Co., contractors,
have submitted the lowest bid for
the furnishing of all labor and ma-
terials and performing of the work
as provided for in the plans and
specifications; now therefore
Be it resolved by the City Council
of the City of Dubuque that the con-
tract for improving of Railroad
Street from the east property line
of South Locust Street to the east
property line of South Main Street
and South Main Street from the
north property line of Railroad
Street to the end of the present
brick pavement, by constructing
underground connections with the
sanitary sewer be awarded to Uhl-
rich -Paley Co., and the Mayor and
the Manager be and they are hereby
directed tq execute a contract in be-
half 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
effective from and after its passage
and adoption by the City Council.
Approved and ordered placed on
file for one week for public inspec-
tion July 27th, 1928.
Councilman Meuser moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Coun-
cilman Schuckert. Carried by the
following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
July 27th, 1928.
To the Honorable City Council,
Dubuque, Iowa.
Gentlemen:
In accordance with your instruc-
tions and our advertisement, bids
were received at 10 A. M. Friday.
July 27th, for the improvement of
Carlotta Street from the east prop-
erty line of Alpine Street to the west
property line of Alta Vista Street.
Uhlrich -Paley Co.— Concrete pav-
ing, $2.28; total, $1,745.00.
James F. Lee Paving Co. —Con-
crete paving, $2.43; total, $1,802.75.
One drain —
James F. Lee Paving Co.— $18.00.
Uhlrich - Paley Co.— $20.00.
Sidewalk per square foot —
James F. Lee Paving Co. -18c per
sq. ft.; total, $90.00.
Uhlrich -Paley Co. -20c per sq. ft.;
total, $100.00.
Engineer's Estimate, $1,732.00.
I would respectfully recommend
that the contract for the paving of
this street with concrete be awarded
to Uhlrich -Paley Co. as their bid is
the lowest one reecived and the con-
tract for the construction of side-
walks and one drain be awarded to
James F. Lee Paving Co. as their bid
is the lowest one received.
Respectfully submitted,
O. A. KRATZ,
City Manager.
Councilman Meuser moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Resolution Awarding Contract.
Whereas, proposals have been sub-
mitted by contractors for the im-
proving of Carlotta Street from the
east property line of Alpine Street
to the west property line of Alta
Vista Street by constructing cement
sidewalks and down spout drains,
and Jas. F. Lee Paving Co., contrac-
tors, have submitted the lowest bid
for the furnishing of all labor and
materials and performing the work
as provided for in the plans and
specifications; now therefore,
Be it resolved by the City Council
of the City of Dubuque that the con-
tract for the improving of Carlotta
Street from the east property line of
Alpine Street to the west property
line of Alta Vista Street by con-
structing cement sidewalks and down
spout drains, be awarded to Jas. F.
Lee Paving Co., and the Mayor and
Manager be and they are hereby
directed to execute a contract on be-
half 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 for public inspection July
27th, 1928.
Councilman Meuser moved that
the resolution be approved and
placed on file for one week for pub-
lic inspection. Seconded by Council-
man Schuckert. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Sign bond of H. C. Bechtel & Son
presented for approval.
Being properly executed, Council-
man Schuckert moved that it be re-
ceived and placed on file. Seconded
by Councilman Meuser. Carried by
the 'following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent— Councilman Yount.
Communication of American Sur-
ety Co. asking the cancellation of the
sign bond of J. J. Rowan & Son,
they being no longer in business.
Councilman Meuser moved that
the bond be cancelled. Seconded by
Councilman Schuckert. Carried by
the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Petition of the Murphy Insurance
Agency asking that the sign bond of
Thos. Mahara be cancelled, he hav-
ing retired from business.
Councilman Meuser moved that
the prayer of the petition be granted
and the bond be cancelled. Second-
ed by Councilman Schuckert. Car-
ried by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
Special Session July 27th, 1928 213
Resolution Adopting and Approving
Proposed Plans and Specifications
and Proposed Form of Contract for
Street Improvements.
Whereas, proposed plans, specifica-
tions and form of contract have been
duly prepared for the construction of
the public improvements herein de-
scribed, now therefore,
Be it resolved by the City Council
of the City of Dubuque that the pro-
posed plans, specificatons and form
of contract heretofore prepared be
and the same are hereby approved
for the construction of the follow-
ing improvements, to -wit: Plymouth
Street from the west property line of
South Grandview Avenue to the east-
erly line of Lots 20 and 22, .Grand-
view Heights Addition, estimated
cost, concrete, $16,274.00, and Vic -
toria Street from the south property
line of Plymouth Street to the south-
erly line of Lot 37, Grandview
Heights Addition, estimated cost,
concrete, $720.00.
Be it further resolved that on the
10th day of August, 1928, a public
hearing will be held at 5 o'clock P.
M. in the Council Chambers of the
City of Dubuque, for the purpose of
hearing objections which may be
filed by any interested persons to the
proposed plans or specifications of
form of contract for, or cost of any
of such improvements, and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearin to be published
in the official newspapers of the City
of Dubuque, at which hearin the
Council will hear such objections and
enter on record its final decisions
thereon.
Be it further resolved that the pro-
posed plans, specifications and form
of contract be preserved on file in
the office of the Clerk for public
inspection.
Passed, adopted and approved this
27th day of July, 1928.
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
WM. H. MEUSER,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved the
adoption of the resolution. Second-
ed by Concilman Schuckert. Carried
by the following vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount. •
216 Special Session, July 27th, 1928
RESOLUTION OF NECESSITY
FOR THE CONSTRUCTION OF
STREET IMPROVEMENTS CON-
SISTING OF GRADING, PAVING,
CURBING, GUTTERING, DRAIN-
ING, AND BY CONSTRUCTING
BOULEVARD ELECTRIC LIGHT
FIXTURES; FOR THE MAKING
OF UNDERGROUND CONNEC-
TIONS; AND FOR THE CON-
STRUCTION OR REPAIR OF
PERMANENT SIDEWALKS,
DRIVEWAYS AND WATER
DRAINS.
Whereas, a plat and schedule has
been duly prepared by the City Coun-
cil and is now on file in the office of
the Clerk, showing the streets to be
improved, the boundaries of the dis-
trict, if any, the width of the im-
provements, each lot proposed to be
assessed, an estimate of the cost of
the proposed improvement for each
type of construction and kinds of
materials to be used, and in each
case the amounts which it is estim-
ated will be assessed against each
lot for such improvements:
Be it, therefore, Resolved by the
City Council of the City of Dubuque,
on its own motion or upon petition
of property owners, that it is deemed
necessary or advisable to build, con-
struct and put in place certain street
improvements, as herin described, in,
upon and along the following streets,
to -wit: Plymouth Street from the
west property line of South Grand-
view Avenue to the easterly line of
Lots 20 and 22, Grandview Heights
Addition, and Victoria Street from
the south property line of Plymouth
Street to the southerly line of Lot
37, Grandview Heights Addition.
Such street improvements shall
consist of grading, paving, draining,
curbing, guttering and constructing
boulevard electric light fixtures, the
curb and gutter shall be constructed
of concrete or old stone curb may be
reset, and the paving shall be con-
structed of 6 -inch plain concrete.
All of the grading, paving, curbing,
guttering and constructing boulevard
electric light fixtures shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been or will be approved by the City
Council before a contract is entered
into. The sewer drains shall be con-
structed where necessary to take
care of surface water.
That the cost and expense of mak-
ing said improvements shall be as-
sessed upon and against all privately
owned property lying within the as-
sessable distance provided by law,
whether the same abuts thereon or
is adjacent thereto, according to
area and in proportion to the special
benefits conferred, and any defic-
iency shall be paid out of the general
or improvement funds of the City, or
partly out of each of such funds.
Bonds shall be issued and sold in
anticipation of deferred payments of
assessments when the contract has
been performed and accepted and
the proceeds therof used to pay the
contractor.
Be it further resolved that under-
ground connections with sewer, wa-
ter and gas mains in said streets be
deemed necessary and the same are
ordered made to the curb lines of
adjacent property before said streets
are improved and that a written no-
tice to make such connections with-
in ten days from the service therof
be given to the owner or owners of
such property and, in the event such
connections are not made within said
time, then such work will be done
under contract and the cost thereof
will be assessed to the property for
which the same have been made.
One connection shall be required of
each lot of 60 linear feet unless the
lot is subdivided or in acreage, in
which event such additional connec-
tions will be required as will ade-
quately serve the property and the
notice shall state the number of con-
nections that are required for each
lot or parcel of real estate.
Be it further resolved that the
sidewalks and water drains therein
and driveways to private property
along such streets be deemed neces-
sary to be constructed, reconstructed
or repaired and the same are hereby
ordered constructed or repaired and
such work shall be done under con-
tract and the cost thereof assessed
to the property for whose beenfits
fpph improvements are made in the
.manner provided by law.
All underground connectons, side-
walks, drains and driveways shall be
constructed according to specifica-
tions prepared therefor.
That separate contracts will be en-
tered into for each street improve-
ment unless two or more streets con-
stitute a continuous or connected
thoroughfare and the limits are de-
fined, and the cost of each improve-
ment will be separately assessed.
Be it further resolved that the
above and foregoing improvements
are hereby proposed to be made and
constructed as hereinbefore set forth,
and that this proposed resolution, ex-
cept this paragraph, be and the same
is hereby set down for further and
final hearing, consideration and de-
termination at a meeting of this
Council to be held on the 15th day
of August, 1928, at 5 o'clock P. M.,
Special Session, July 27th, 1928 217
in the Council Chambers of the City
Hall of this City, and the Clerk he
and he is hereby instructed to cause
notice of the pendency of this reso-
lution and of the time and place
when and where the same will be
considered for passage, to be given
by publication in the official news-
paper of said City, in the manner
and for the time prescribed by law,
at which time the owners of prop-
erty subject to assessment for any of
said proposed improvements may ap-
pear and make objection to the
boundaries of the district, if any, the
cost of any of the proposed improve-
ments, the amount to be assessed
against any lot, and to the passage
of the proposed resolution, and un-
less property owners at the time of
the final consideration of said reso-
lution have on file with the Clerk
written objections to the amounts of
any of the proposed improvements,
they shall be deemed to have waived
all objections thereto.
The above resolution was intro-
duced, approved and ordered placed
on file with the City Clerk and notice
of its pendency ordered published
this 27th day of July, 1928.
Approved:
JOHN H. MACLAY,
Mayor.
ED. McEVOY,
WM. H. MEUSER,
HENRY F. SCHUCKERT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman McEvoy moved that
the resolution be approved and
placed on file. Seconded by Council-
man Schuckert. Carried by the fol-
lowing vote:
Yeas —Mayor Maclay, Councilmen
McEvoy, Meuser, Schuckert.
Nays —None.
Absent — Councilman Yount.
There being no further business,
Councilman Schuckert moved to ad-
journ. Carried.
Approved 1928.
Adopted 1928.
Councilmen
Attest:
City Clerk.