Loading...
1927 April Council ProceedingsCITY COUNCIL (Official.) Regular Session, April 4th, 1927. Council met at 4:30 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser, Yount. Absent — Councilman Schrempf. Mayor Melchior stated that this is the regular monthly meeting of the City Council for the transaction of such business as may regularly come before the Council, and that this date was also set for passing of a resolution providing for the sale and award of $217,000 Dock Bonds of the City of Dubuque and authorizing the agreement of such sale and award. The following bids were received as per advertisement, April 1st, 1927: Detroit Co. and Wells- Dickey Co., par, accrued interest and a pre- mium of $7,951.50; White - Phillips Co., par, accrued interest and a pre- mium of $7,951.00; Howe, Snow & Bertels, par, accrued interest and a premium of $7,245.00; Kaufman & Smith, par, accrued interest and a premium of $6,360.00; Geo. M. Bech- tel & Co., par, accrued interest and a premium of $5,950.00; Blyth & Wit- ter, par, accrued interest and a pre- mium of $5,655.00. Dubuque, Iowa, April 4th, 1927. The City Council of the City of Dubuque met in regular session at the City Hall in said City at 4:30 o'clock P. M. The meeting was called to order and there were pres- ent H. G. Melchior, Mayor, in the Chair, and the following named Councilmen: Maclay, Meuser, Yount. Absent — Councilman Schrempf. This being the time and place fixed by published notice the Coun- cil took up for consideration the matter of bids for the purchase of $217,000 Dock Bonds of said City. After the receipt of sealed bids and the call for open bids, the results thereof were incorporated in a reso- lution entitled, "Resolution provid- ing for the sale and award of $217,000 Dock Bonds and approving and authorizing the agreement of such sale and award," which was introduced by Councilman Meuser, who moved that said resolution be placed on file with the City Clerk for public inspection. Seconded by Councilman Yount, and the roll be- ing called the following voted: Aye — Melchior, Meurer, Maclay, Yount. Nays —None. Absent — Councilman Schrempf. Whereupon the Mayor declared said motion carried and ordered said Regular Session April 4th, 1927 223 resolution placed on file with the City Clerk. JOHN STUBER, City Clerk. Councilman Maclay moved that the rules be suspended for the pur- pose of allowing anyone present who wished to do so to address the Council. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf. Attorney Frank Gilloon represent- ing Nellie and Julia Kavanaugh, John M. Lee, and Ferd A. Nesler, addressed the Council relative to the assessments as levied against their respective properties for the im- provement of Grandview Avenue, stating that his clients were assess- ed more than the 25% of the valua- tion of their properties and that the matter is now in the Court, and he hereby asks the Council to view these properties and make reason- able adjustments whereby this mat- ter can be settled out of Court. Councilman Meuser moved that this matter be referred to the Coun- cil to view the grounds. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf. Petition of Eva Meisenberg, re- ferred to the Council by the Board of Supervisors, asking that the taxes against her property, South 87 feet of Lots 789 -790, McDaniel's, be can- celled for the year 1926, presented and read. Councilman Yount moved that the taxes on this property be suspended and the Board of Super- visors be so notified. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent— Councilman Schermpf. Petition of the City Firemen ask- ing for use of the Armory for the Firemen's Annual Ball presented. Councilman Meuser moved that the prayer of the petition be granted. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf. Bonds for the operation and main- tenance of display signs of Diamond Grille and Spahn -Rose Lumber Co., and contractor's bond of Dependon Asphaltum Roofing Co., presented for approval. ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent— Councilman Schrempf. Resolution. Be it resolved by the City Council of the City of Dubuque, Iowa, that we do hereby designate the follow- ing named banks to be depositories of the city funds, the amounts in each bank not to exceed $60,000 and the City Treasurer is hereby auth- orized to deposit all city funds in amounts not to exceed $60,000 in each of certain banks as follows: , Union Trust and Savings Bank Iowa Trust and Savings Bank. Federal Bank and Trust Company. First National Bank. Consolidated National Bank. Passed, adopted and approved this 4th day of April, 1927. H. G. MELCHIOR, Mayor. WM. H. MEUSER, EARL YOUNT, JOHN H. MACLAY, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Yount moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent— Councilman Schrempf. Mr. and Mrs. Siek appeared be- fore the Council and stated that the property located at S. 1 /2 of E. 1 /2 of Lot in Davis Add., was sold at tax sale. This property is owned by two minor children and that they understood that this property was ex- empted from taxes. This property was sold at 1921 tax sale for the 1920 t ax es. Councilman Meuser moved that the matter be referred to the City Clerk to look up the records. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf. On recommendation of the City Solicitor, the following motion was passed on the delinquent assessment of P. H. Halpin levied in 1914 for the improvement of South Locust Street and Southern Avenue. The delinquent assessment with interest and costs amount to $71.66. Mr. Halpin offers to settle the assess- ment in full by paying to the Treas- urer $54.47. Regular Session, April 4th, 1927 225 Councilman Meuser moved that the recommendation of the City Solicitor be approved and the Treas- urer be instructed to accept the of- fer of Mr. Halpin and cancel the assessments on his books. Second- ed by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf, City Solicitor Czizek reported on the petition of Ed Kuehnle asking that he be reimbursed in the amount of $57.94, stating that Mr. Kuhnle paid an assessment against Lot 9. King's Grove Add., in the amount of $53.74 and by mistake he paid this assessment again some time la- ter in the sum of $57.94. Mr. Kuuehle has the receipts for both these payments. The City Solicitor states that these are the facts and recommends that Mr. Kuehnle be reimbursed. Councilman Yount moved that the recommendation of the City Solicitor be approved and the Auditor be in- structed to draw a warrant in favor of Ed. Kuhnle in the sum of $57.94. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. Councilmen Attest City Clerk. 224 Regular Session, April 4th, 1927 The bonds being properly exec uted, Councilman Yount moved that they be received and placed on file. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf. Report of the City Water Works for the month of March, 1927, pre- sented for approval. Councilman Meuser moved that the report be received and filed for record. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council. men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf. Claim of H. M. Kingsley against the City on account of damages to his automobile, March 19th, 1927, at 6:15 o'clock, while driving on Dodge Street at the intersection of Dodge and South Bluff Streets, where he ran into an unguarded water break. Councilman Maclay moved that the claim be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent— Councilman Schrempf. April 4th, 1927. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Dubuque, the undersigned hereby advises your honorable body that he has re- appointed all officers and em- ployees now serving and acting in their respective capacities, whom he has the power to appoint under the law, at the salaries provided for in the budget estimate for 1927, and recommend your approval of the same, said officers and employees to serve at the pleasure of the under - :•igned. Respectfully submitted, C. E. DOUGLAS, City Manager. Resolution. Be it resolved by the City Coun- cil of the City of Dubuque, that the appointments of officers and em- ployees made by the Manager be and the same are hereby approved, said officers and employees to serve at the pleasure of the Manager. Passed, adopted and approved this 4th day of April, 1927. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Yount. Nays —None. Absent — Councilman Schrempf. • Resolution. Be it resolved by the City Coun- cil of the City of Dubuque, that all officers and employees heretofore appointed by the City Council and now acting as employees of the City of Dubuque, be reappointed to serve during the pleasure of the Council and he paid the salaries heretofore fixed in the budget estimate for the year, 1927. Passed, adopted and approved this 4th day of April, 1927. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen, Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second ed by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Yount. Nays —None. Absent — Councilman Schrempf. A Resolution. Be it resolved by the City Council of the City of Dubuque, that the newspaper published in the City of Dubuque, Iowa, and known and call- ed by the name of "The Telegraph - Herald and Times - Journal" be and the same is hereby declared to be the official newspaper of the City of Dubuque. Passed, adopted and approved this 4th day of April, 1927. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the adoption of the resolution. Second- 226 Special Session, April 7th, 1927 CITY COUNCIL (Official) Special Session. April 7th, 1927. Meeting called to order by Mayor Melchior and Councilman Meuser. Council met at 4:30 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser, Schrempf and Yount. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of the final reading and adoption of an, Ordin- ance, entitled "An Ordinance appro- priating money for the various funds and purposes of the City of Dubuque for the fiscal year of 1927 and the transaction of such other business as may properly come before a regu- lar meeting of the City Council. Petition of John Rider Wallis, ask- ing that the street assessment against the property described as West 1074 feet of lot 64 Littleton and Sawyer's Add. be cancelled. This property was bought in by the City at tax sale for a total of $301.29. The original assessment for the im- provement of West Locust Street was $275.64, he claims that the as- sessment was illegal. That the prop- erty consists of a rocky hillside, un- improved and impossible of improve- ment, the property has been as- sessed for a number of years at 128, 135 and 140 dollars. There is no justice in adding the amount of the improvement to the assessment and dividing by four to establish a valu- ation. Councilman Maclay moved that the petition be received and filed. Seconded by Councilman Meuser. Carired by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. APPROPRIATIN ORDINANCE An Ordinance appropriating mon- ey for the various funds and pur- poses of the city of Dubuque for the fiscal year 1927. Be it ordained by the city Council of the city of Dubuque: Section 1. That the appropriations for the ensuing fiscal year of 1927, for the different departments and purposes of the city of Dubuque be fixed and determined as follows: 1. General Administration. Departments. 101 City Council $ 25.00 102 City Manager 11,965.00 103 City Clerk 2,080.00 104 City Auditor 3,075.00 105 City Treasurer 3,085.00 106 City Solicitor 4,460.00 108 City Assessor 3,802.50 109 City Engineer 13,709.10 113 City Electricians 1,688.00 114 City Buildings 6,180.00 115 Police Court 1,835.00 116 Civil Service Com 25.00 (These apropriations to be made from consolidated tax levy.) II. Protection of Life and Property 118 Police Department 77,835.00 120 Police and Fire Alarm Systems 7,099.94.00 121 Building inspection 3,507.00 122 Plumbing inspection 2,905.00 123 Electrical inspection 3,099.48 (These apropriations to be made from consolidated tax levy.) 119 A Fire Department 139,605.00 ($81,061 of this amount to be appropriated from spe- cial tax levy. $55,184 to be appropriated from consolidated tax levy and miscellaneous receipts.) 119 B Fire Improvement 20,370.00 ($17,370 to be appropriated from special tax levy and $3,000 represents the un- expended balance of 1926.) III. Health and Sanitation 125. General Health De- partment $14,445.00 127 Sewer Maintenance 7,882.44 128 Garbage Disposal 18,200.00 (These appropriations to be made from consolidated tax levy.) IV. Highways 131 Store Keeper Salary $ 1,800.00 132 Street Repairing 34,520.00 5,486.64 56,757.00 31,430.00 133. City Garage 138 Street Lighting 140 Street Cleaning (These appropriations to be made from consolidated tax levy.) V. Donations Miscellaneous Donations $ 2,200.00 (These appropriations to be made from miscelleane- ous receipts.) VI. Library Salaries, supplies and gen- eral administration $30,398.00 (This appropriation to be made from special tax levy.) VII. Parks 144 A General Administra- tion $ 4,620.00 144 B Areas and Build- ings 18,540.00 (These appropriations to be made from special tax levy.) VIII. Recreation 145 A Bathing Beach $ 3,084.20 145 B Play Grounds , 3,056.25 147 Skating Rink 1,560.00 (These appropriations to be made from miscellaneous receipts.) IX. Miscellaneous 148 A Iowa League of Mu- nicipalities Dues $ 75.00 148 B Damages, Settle- ments, Etc. 3,020.00 148 C Printing 5,002.00 148 E Ambulance Service 2,201.54 (These appropriations to be made from miscellaneous receipts and consolidated tax levy.) X. Municipal Industries 152 Markets and Scales $ 1,480.00 (This appropriation to be made from miscellaneous receipts.) XI. Municipal Indebtedness Bond Interest $63,786.85 Bond Redemption 75,174.15 (These appropriations to be made from special tax levy.) XII. Municipal Improvements Storm, Sewer Inlets $ 2,000.00 Grading 4,000.00 City's Share of Public im- provements 5,000.00 Central Avenue Resurfac- ing 2,000.00 Remodeling City Hall 1,500.09 (These appropriations to be made from consolidated tax levy and miscellane- ous receipts.) XIII. Miscellaneous Revenues Police Pension Fund $ 2,895.00 Fire Pension Fund 18,818.00 (These appropriations to be made from special tax levy.) Section 2. That any surplus re- maining above these appropriations shall be and the same is hereby ap- propriated to meet emergencies that may arise and may be applied upon such municipal improvements as the Council may determine upon. Section 3. That the distribution and division of the above named ap- propriations shall be made in ac- cordance with the budget of expend- itures adopted by the City Council on March 30, 1927, as amended, which budget is made a part of this ordinance be reference thereto and shall be considered in connection with the expenditures of the above appropriations. Special Session, April 7th, 1927 227 Section 4. This Ordinance, in the interest of the preservation of pub- lic peace, health and safety - of the city of Dubuque and its inhabitants, being deemed urgent and of immed- iate importance shall become effec- tive from and after its final passage and adoption by the City Council and publication in the official news- papers of the city of Dubuque and the appropriations herein provided for shall be available when trans- ferred to the respective funds. Passed upon first reading March 30th, 1927. Passed upon second reading March 31st, 1927. Passed, adopted and apin,ved up- on final reading -upoa the ausl,en- slon of rules April 7th, 1927. Mayor. JOHN H. MACLAY, M. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the ad- option of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Councilmen Maclay, Meus- er and Yount. Nays —Mayor Melchior, Council- man Schrempf. Published officially in the Tele- graph- Herald and Times - Journal newspaper, April 8th, 1927. JOHN STUBER, 4 -8 -1t City Clerk. April 5th, 1927. Honorable City Council, Dubuque, Iowa. Gentlemen: A request from the property owners 011 Poplar Street, asking to have the street improve - ed by, constructing cement curb and gutter, was referred to me. I have inspected this street and would recommend at this time that this work be defered to a future time. Respectfuly submitted, C. E. DOUGLAS, City Manager. Councilman Meuser moved that the recommendation of the City Manager be approved. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. April 5th, 1927. Honorable City Council, Dubuque, Iowa. Gentlemen: The petition of Mary and Joseph Crowley, whose proper- men Maclay, Meuser, Schrempf and Yount. Nays —None. Councilman Meuser moved that the matter of correcting the house numbers in the city be referred to the City Manager. Seconded by Councilman Yount: Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. Councilmen Attest: City Clerk. Special Session, April 11th, 1927 CITY COUNCIL (Official.) Special Session, April 11th, 1927. Meeting called by order of Mayor Melchior and Councilman Meuser. Council met at 4:30 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser, Schrempf, Yount. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of taking up for consideration the resolution en- titled, "Resolution providing for the sale and award of $217,000 Dock Bonds of the City of Dubuque and approving and authorizing the agree- ment of such sale and award," which had been on file with the City Clerk for public inspection since April 4th, 1927, and also for the transaction of such other business as may properly come before a regular meeting of the Council. Call for meeting dated at Dubuque, Iowa, April 9th, 1927. Signed by H. G. MELCHIOR, WM. H. MEUSER, Councilmen. RESOLUTION providing for the sale and award of $217,000 Dock Bonds and approving and authoriz- ing the agreement of such sale and award. Whereas, notice of sale of Two Hundred Seventeen Thousand Dol- lars ($217,000) Dock Bonds of the City of Dubuque, Dubuque County, Iowa, has heretofore been given in strict compliance with the provis- ions of Chapter 63 of the Code of Iowa, 1924, by publication of notice for twb or more successive weeks in one of the official newspapers of Du- buque County; and Whereas, no sealed bids have been received, after which open bids were called for and received, the highest of which was as follows: Par, ac- crued interest and premium of $7,951.50. Now, Therefore, Be it Resolved by the City Council of the City of Du- buque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the bid of The De- troit Co. and Wells, Dickey Co. for the purchase of Two Hundred Seven- teen Thousand Dollars ($217,000) Dock Bonds is the highest and best bid received, and that said bonds be and the same are hereby awarded to said Detroit Co. and Wells- Dickey Co. Sec. 2. That the form of agree- ment of sale of said bonds to Detroit Co. and Wells- Dickey Co. be and the 228 Special Session, April 7th, 1927 ty fronts on Southern Avenue and abutts on Rockdale Road in the back, was referred to me. They claim some additional land taken from the rear of their lot on account of reconstructing the retain- ing wall supporting Rockdale Road. I have given this careful consider- ation and have talked it over with the City Solicitor who made them an offer of $25.00. The adjoining property owned by Mr. C. W. Reynolds was effected in the same way, except that we used more ground in reconstructing the retaining wall and we settled with him for $25.00. I feel that the above amount is all the Crowleys are entitled to and recommend that this amount be paid to them. Respectfuly submitted, C. E. DOUGLAS, City Manager. Councilman Meuser moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. April 5th, 1927. Honorable City Council, Dubuque,' Iowa. Gentlemen: The petition of John L. Heim ,asking that the Bee Branch Sewer be extended from its westerly end four hundred feet was referred to the City Engineer and myself. We have gone over this ground and estimate that it would cost ap- proximately $8,000 to extend this sewer and recommend that it be not done at this time. Respectfuly submitted, C. E. DOUGLAS, City Manager. Councilman Schrempf moved that the recommendation of the City Manager and City Engineer be ap- proved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. April 5th, 1927. Honorable City Council, Dubuque, Iowa. Gentlemen: The petition of the residents of West 8th Street, asking that a water main be extended, has been taken up with the Water De- partment and this main is now in- stalled. Respectfuly submitted, C. E. DOUGLAS, City Manager. Councilman Meuser moved that the recommendation of the City Manager be approved. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Report of the City Treasurer for the month of March, 1927, present- ed for approval. Councilman Schrempf moved that the report be received and made a matter of record. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Renewal of Contractors Bond of Anton Zwack, presented for ap- proval. Being properly executed, Council- man Yount moved that the renewal be received and placed on file with the original bond. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount, Nays —None. After viewing the properties of Julia and Nellie Kavanaugh, John. M. Lee and Fred A. Nester, on South Grandview Avenue, they claiming through their attorney at a former meeting of the Council that the as- sessments were more than 25% of the valuation of the said properties. The Council made the following re- port: Councilman Schrempf moved that the assessments as levied against these properties for improvement of South Grandview Avenue, remain as levied. Seconded by Councilman Ma- clay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. City Solicitor Czizek recommend- ed that the Treasurer accept from P. H. Halpin the sum of $54.47 in- stead of $75.00 as recommended by mistake at a former meeting, as set- tlement in full for delinquent assess- ment, levied in 1914. Councilman Meuser moved that the recommendation of the City So- licitor be approved and the correc- tion be made and the Treasurer be notified accordingly. geconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- 230 Special Session, April llth, 1927 same is hereby approved and the Mayor, City Clerk and City Treas- urer are hereby authorized to exec- ute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Sec. 3. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Introduced and filed April 4th, 1927. Passed and approved April 11th, 1927. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Recorded April 12th, 1927. Dubuque, Iowa, April 11th, 1927. The City Council of the City of Dubuque met in regular session at the City Hall in said City at 4:30 P. M. The meeting was called to order and there were present H. G. Melchior, Mayor, in the chair, and the following named Councilmen: Maclay, Meuser, Schrempf, Yount. Absent —None. The Council took up for consider- ation the resolution entitled "Reso- lution providing for the sale and award of $217,000 Dock Bonds and approving and authorizing the agree- ment of such sale and award," which had been filed with the City Clerk for public inspection since April. 4th, 1927. Councilman Schrempf moved that the resolution be adopted, seconded by Councilman Meuser, and after due consideration thereof by the Council the Mayor put the question, and upon the roll being called the following voted: Aye — Melchior, Maclay, Meuser, Schrempf, Yount. Nays —None. Whereupon the Mayor declared the resolution duly adopted and sign- ed his approval thereto. JOHN STUBER, City Clerk. Petition of citizens and taxpayers, requesting that an arc light be in- stalled at the intersection of Semin- ary and Woodworth Streets, present- ed and read. Signed by H. C. Hock- ing, A. H. Lehnhart, Chas. C. Wild, et al. Councilman Meuser moved that the petition be referred to the City Manager. Seconded by Councilman Yount. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Cleopas Geitz, World War veteran, claiming that he is un- able to do hard work and has a mother to support, hereby' asks that he be allowed to operate an ice cream wagon on the streets of the City during the summer months and that he be exempted from paying a license. Councilman Meuser moved that the prayer of the petition be grant- ed. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition and claim of Dr. Wm. T. Donahue, stating that he fell on an icy sidewalk in front of the Central Market located at 735 Main Street, while on his way home from his of- fice January 29th, 1927, and that he was confined to his bed for 29 days, at a loss of $10.00 a day. He asks that the Council investigate and al- low him a sufficient sum to cover his loss of time. Councilman Maclay moved that the petition be referred to the City Solicitor. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- - men Mackay, Meuser, Schrempf, Yount. Nays —None. Bonds for the operation of display signs of Potterveldt Drug Co., Kies & Butler, Schrup Motor Car Co., contractor's bond of Edgar C. Kol- fenbach, and renewed certificate of bond of Curtis & Co. presented for approval. Being properly executed, Council- man Yount moved that the bonds be received and placed on file. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Annual report of the City Treas- urer for the fiscal year commencing April 1st, 1926, and ending March 31st, 1927, presented for approval. Councilman Yount moved that the report be approved and placed on file. Seconded by Councilman Meu- ser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of property owners abut- ting on the alley immediately Earl of College Avenue, between West 3rd Street and Langworthy Avenue, stating that there seems to be a Shortage of about 11 feet in the plat of O'Neill's 2nd Division, which may have occurred by the relocation of Langworthy Avenue when it was im- proved a year or two ago. That part of the alley abutting on Lot 6 -7 -20 and 21 seems to be absolutely use- less and the vacation of the alley as platted would give the petitioners of the land shown on their lots in both O'Neill's First and O'Neill's Second addition. Plat attached. Signed by W. F. Griner, Wm. J. Schwind, A. Schmitt, by J. W. Kintzinger their attorney. Councilman Schrempf moved that the petition be referred to the City Engineer. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Margaret Rooney, re- ferred to the Council by the Board of Supervisors, asking that the first one -half of the 1926 tax against the N.. 40 feet of the W. 100 feet of 1 of Lots 18 -19 and 20, Kelly's Sub., be cancelled. City Solicitor Czizek rec- ommended that the petition be re- ceived and filed. Councilman Schrempf moved that the petition be received and filed and that the Clerk return the peti- tion to the Board of Supervisors and inform the Board of the Council's action. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Overview Court from the West property line of South Grandview Avenue to the end of the street and Jas. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: Now, Therefore, Be it Resolved by the City Council of the City of Du- buque, that the contract for the im- provement of Overview Court from the west property line of South Grandview Avenue to the end of said street, by paving with 6 -inch plain concrete be awarded to Jas. F. Lee Paving Co. of Dubuque, Iowa, and the Mayor and Manager be and they Special Session, April llth, 1927 are hereby directed to execute a con- tract on behalf of the City of 'Du- buque for the complete performance of said work. Be it further resolved that this resolution, being deemed urgent and of immediate necessity, become ef- fective from and after its passage and adoption by the City Council. Passed and approved this llth day of March, 1927. Attest: Councilmen Attest: Mayor. Councilmen. 231 City Clerk. Councilman Schrempf moved that the resolution be approved and placed on file in the office of the City Clerk for one week for public inspection. Seconded by Council- man Meuser. Carried by the follow- ing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. There being no further business. Council adjourned. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. City Clerk. men Maclay, Meuser, Schrempf and Yount. Nays —None. Miss Helen Ham and Miss Ida M. Reid addressed the Council. Councilman Maclay moved to re- fer the petition to the Council to view the grounds. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Petition of Birdena E. Bush and Virginia E. B. Robison, requesting that Nowata Street improvement be not delayed and that sewer, water and gas mains be put in as soon as weather permits. Councilman Maclay moved to re- fer the petition to the Council to view the grounds. Seconded by Councilman Meuser. Carried by the following vote: Yeas -Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Bonds Edwin W. Giese, F. C. Luth- er and John Leicht, heating contract- ors, renewal bond of Herbert Adams as Park Commissioner, Devereux -Ol- son Construction Co. general con- tractors, and Wm. H. Cleaver and Hartig Drug Co., display signs, pre- sented for approval. Councilman Schrempf moved that the bonds be made a matter of rec- ord. Seconded by Councilman Ma- clay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Annual reports of City Engineer and Fire Department, inventory of the Dubuque City Water Works and report of City Auditor showing com- parison of receipts and disburse- ments for the fiscal years of 1925 and 1926, presented. Councilman Schrempf moved that the reports be made a matter of rec- ord. Seconded by Councilman Mac- lay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. An ordinance amending an ordin- ance entitled "An ordinance regulat- ing the sale and distribution of milk, cream and ice cream within the City of Dubuque" presented and read. Councilman Maclay moved that the reading be considered the first reading of the ordinance. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- Special Session, April 18th, 1927 men Maclay, Meuser, Schrempf and Yount. Nays —None. Councilman Maclay moved to sus- pend the rules for the purpose of reading the ordinance by its title. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Councilman Maclay moved that the reading be considered the second reading of the ordinance. Seconded by Councilman Schrempf. Carried \by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Petition of Jake Rosenthal re- questing permission to hold an at- traction known as a Traveling Cir- cus, at Olinger Park during the week of June 6th, 1927, also a list of signa- tures of property owners, presented Councilman Meuser moved to re- ceive and file the petition as list of signatures being less than required by ordinance. Seconded by Council- man Maclay. Carried by the follow- ing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Petition of Henry Mueller asking to be allowed to redeem the tax cer- tificate held by the City of Dubuque against Lot 2 of 2 of 1 of 12 in Kniest Sub. for the improvement of Elm Street, he agreeing to pay the assessment in full, the City to cancel the interest and penalty. Councilman Maclay moved that the prayer of the petitioner be grant- ed and the City Treasurer be in- structed accordingly. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Report of Civil Service Commis- sion on the examination - of appli- cants for position on the Police and Fire Departments. The seven names of those who passed mental and physical examinations with the high- est averages are as fololws: Fire — Edward Deluherry, 90 Joseph Strub, 86 LaVerne White, 79 Roy F. Matz, 791/2; Percy W. Lucas, 79%; Geo. Tarmeyer, 77; Ludger Scharphoff, 76 Police— Martin Ca- hill, 95 John W. Goff, 86; Harry L. Timpe, 84; Martin Geisheker, 83; Fred Huftill, 75 Cletus Young, 76; Charles Campbell, 75 The com 232 Special CITY 000NCIL (Official.) Special Session, April 18th, 1927. Meeting called by order of Mayor Melchior and Councilman Schrempf. Council met at 4:35 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, and Schrempf. Absent— Councilmen Meuser and Yount. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of awarding contract for improvement of Over- view Court and acting on any other business that may properly come be- fore a meeting of the Council. John Stuber, City Clerk, being ab- sent on account of sickness, J. J. Shea was appointed to act as clerk pro -tem of this meeting. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Overview Court from South Grandview Avenue to the end of said street by paving the same with concrete, and J. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; Now therefore be it resolved by the City Council of the City of Dubuque, that the contract for the improve- ment of Overview Court from South Grandview Avenue to the end of said street be awarded to J. F. Lee Pav- ing Co., Dubuque, Iowa, and the May- or and Manager be and they are hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved, that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Passed and adopted this 18th day of April, 1927. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, Councilmen. Attest: J. J. SHEA, City Clerk pro -tem. Councilman Schrempf moved the adoption of the resolution. Second- ed by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Schrempf. Nays —None. Session, April 18th, 1927 Absent — Councilmen Meuser and Yount. Petition of Julia E. and Minnie L. Kemler stating that the alley first south of West 3rd Street from Col- lege Avenue to Walsh Street was im- proved acocrding to a grade estab- lished June 19th, 1919, that they have paid for said improvement, that the City is now engaged attempting to improve said alley contrary to the established grade thereof, and at a lower level, to the damage and detri- ment to the owners of Lots 1, 2, 3, College Sub., and hereby remon- strate against such change and will hold the City liable for any damage accruing to said described property. Councilmen Meuser and Yount en- tered and took their seats at 4:40 P. M. Councilman Maclay moved to refer the petition to the City Engineer. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Petition of Louis Rotman for per- mission to install a gasoline pump and underground storage tank at 301 Iowa St. Councilman Maclay moved to refer the petition to the City Manager. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Petition of Scherer Bros. asking to be exempted from paying a license for operating a second hand store, stating that they are both World War veterans. Councilman Maclay moved to re- ceive and file the petition. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Petition of Ida M. Reid and Helen M. Ham residing at 563 Bluff Street, asking that the City Council protect their property, stating that on July 3rd, 1925, a heavy rain swept the water and clay from West 5th Street over the sidwalk, undermining the same and causing damage to their retaining wall. Councilman Maclay moved to sus- pend the rules for the purpose of al- lowing the petitioners to address the Council. . Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- CITY COUNCIL (Official.) Regular Session, May 2nd, 1927. Council met at 4:30 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Schrempf and Yount. Absent — Councilman Meuser. Mayor Melchior stated that this is the regular monthly meeting of the Council for the transaction of such business as may properly come before the meeting. An ordinance amending an ordin- ance, entitled "An Ordinance regu- lating the sale and distribution of milk, cream and ice cream within the City of Dubuque, having passed 1st and 2nd readings April 18th, 1927, presented and read 'a third time. An Ordinance An Ordinance amending an Ordi- nance entitled: "An Ordinance regulating the sale and distribution of milk, cream and ice cream within the city of Dubuque; prescribing sanitary conditions for dairies and milk, cream and ice cream depots and other places where these products are sold, received and delivered from; requiring a license for the selling of milk and cream and de- fining the procedure to procure the same; providing for the appoint- ment of a dairy inspector and de- fining his duties; and fixing a pen- alty for a violation hereof" the same being Ordinance No. 112, by repealing Sections 12 and 55 there- of and enacting substitutes in lieu therefor, and also further provid- ing for the identification of the sourse of supply of milk sold. Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That an Ordinance en- titled "An Ordinance regulating the sale and distribution of milk, cream and ice cream within the city of Du- buque; prescribing sanitary condi- tions for dairies and milk, cream and ice cream depots and other places where these products are sold, re- ceived and delivered from! requir- ing a license for the selling of milk and cream and defining the pro- cedure to procure the same; provid- ing for the appointment of a dairy inspector and defining his duties; and fixing a penalty for a violation hereof ", the same being Ordinance No. 112, be and the same is hereby amended by repealing Section 12 Regular Session, May 2nd, 1927 23 thereof and enacting in lieu thereof the following: "Section 12. Milk from cows suf- fering with tuberculosis, actinomy- cesis, texas fever, abscess, or any other contagious or infectious dis- ease, and milk from cows 20 days previous to and 10 days after par- turition shall not be marketed or sold in the city of Dubuque. All cat- tle of herds supplying milk to the city of Dubuque shall be subjected to the State or Federal or Federally supervised tuberculosis test at least once a year or as often as the di- rector of health of the Board of Health of the city of Dubuque deems it necessary to apply such test. When the above mentioned tuber - culine test is applied and animals are found to be tubercular as the result thereof, such animals that are reactors must be marked in such manner so that they may be readily identified, and disposed of in the manner provided for by the laws of Iowa. No milk produced from a cow or cows which have reacted to the tubercular test shall be pasteur- ized and distributed as fluid milk." Section 2. That said Ordinance be further amended by repealing Sec- tion 55 thereof and enacting in lieu therefor the following: "Section 55. After June 1, 1927, all milk sold or offered for sale or distributed in the city of Dubuque, shall come from herds which have been approved after examination un- der the supervision of the State or Federal Government providing for the eradication of bovine tubercu- losis." Section 3. That said ordinance be further amended by adding thereto the following section: "Section 55 All bottled milk sold at retail or distributed in the city of Dubuque must bear the name of the producer or pasteurizing plant or dairy furnishing such supply upon the cap of said bottles. This does not prevent the retailer from using his or its name in addition thereto." Section 4. That Section 57 of said Ordinance be readopted and is here- by made to apply to the amend- ments and additions herein provided for. Section 5. This Ordinance being deemed urgent and for the preser- vation of the public health of the city of Dubuque shall be in force and effect from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ing this 18th day of April, 1927. 234 Special Session, April 18th, 1927 mission consider Leo Hallahan a member of the Fire Department, he having served the probatory period and is entitled to the first appoint- ment. Signed by E. J. Ryan, J. E. Ernsdorff, R. L. Woodward, Civil Service Commission, by A. E. Sig - man, Secretary. Councilman Schrempf moved that the report be filed for record. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Report of the Civil Service Com- mission on the examination of appli- cants for promotion on the Police and Fire Departments. The follow- ing names compose the list of elig- ibles for promotion on the Police Department: George Stoltz, 97; Roy Aitchison, 96; Clarence Sullivan, 94; Edward Vosberg, 92; Ben . Meyers, 75; Ray Horsfall, 72. The following names compose the list of eligibles for promotion to lieutenants on the Fire Department: Roy Tierney, 100; John Stafford, 100; Vincent Kluck, 98; Louis Wemett, 95; Wm. Higgins, 93; Mathew Bennet, 81; Harold Cos- grove, 77; Chester Lorenz, 77; Frank Lonergan, 76; George Davis, 76; Chalmers Corzine, 75; Wm. VanDer Meulen, 71; Arthur Davis, 71. The following names compose the list of eligibles for promotion to captain on the Fire Department: Wm. Kinsella, 96; Albert Brewer, 92; Thomas Hick- son, 92; John Noonan, 75; Lester Benzer, 71. The following names compose the list of eligibles for pro- motion to engineer on the Fire De- partment: George Davis, 100; Louis Wemett, 97; Cecil Roberts, 87. Sign- ed E. J. Ryan, J. E. Ernsdorff, R. L. Woodward, Civil Service Commis- sion, by A. E. Sigman, Secretary. Councilman Meuser moved that the report be filed for record. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Report of City Solicitor Czizek recommending that a warrant in the sum of $55.00 be ordered drawn on the City Treasurer in favor of the Telegraph - Herald as City's share of damage to plate glass window at building situated at 490 Main Street caused by the falling of a light standard. Councilman Maclay moved that the report of the City Solicitor be approved and a warrant in the sum of $55.00 be orderd drawn on th.? City Treasurer to cover the sam- Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. There being no further business, Council adjourned. Approved 1927. Adopted 1927. Councilmen Attest: J. J. SHEA, City Clerk Pro -tem. City Clerk.