1927 May Council ProceedingsCITY 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
mi9 sion 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 followjng 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 tke 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.
236 Regular Session,
Passed, adopted and approved up-
on final reading this 2nd day of
May, 1927.
H. G. MELCHIOR,
Mayor.
ED. SCHREMPF,
JOHN H. MACLAY,
WM. H. MEUSER,
EARL YOUNT,
Attest: JOHN STUBER,
City Clerk.
Published officially in the Tele-
graph- Herald & Times - Journal news-
paper May 3, 1927.
JOHN STUBER,
5 -3 -1t City Clerk.
Councilman Maclay moved the ad-
option of the Ordinance. Seconded
by Councilman Schrempf. Carried
by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Schrempf and Yount.
Naws —None.
Absent — Councilman Meuser.
Petition of Frank C. Keesecker,
calling the attention of the City
Council to the condition of the drain-
age on Heeb Street, stating that the
ditch which leads the water from
said Heeb Street to the storm sewer
on 20th Street and Central Avenue
is clogged, and that water causes
serious damage to adjoining pro-
perty.
Councilman Yount moved that the
petition be referred to the City En-
gineer. Seconded by Councilman
Maclay. Carried by the following
vote:
Yeas —Mayor Melchior, Council-
men Maclay, Schrempf and Yount.
Nays —None.
Absent — Councilman Meuser.
Councilman Meuser entered and
took his seat at 4: 35 p. m.
Petition of Mrs. N. Nilles, 1557
Audubon Street, stating that on
March 21st, 1927, she fell on a de-
fective brick sidewalk, which was
covered with ice and snow, the frost
causing the bricks to raise and form
bumps, wherefore she fell and sev-
erely injured herself, and asks the
City to pay her damages in the
amount of $250.00.
Councilman Schrempf 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, Schrempf and
Yount.
Nays —None.
Petition of J. N. Blades, asking
that he be allowed to install an elec-
tric pump to take away the water
at 388 Algona Street, the same to
be pumped into the gutter on Al-
gona Street.
Regular Session, May 2nd, 1927 237
All of the foregoing bonds being
properly executed, Councilman Yount
moved that they be received and
placed on file. Seconded by Coun-
cilman Maclay. Carried by the fol-
lowing vote:
Yeas —Mayor Melchior, Council
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
Petition of Hemler, Denzler Co.,
asking permision to move their dis-
play sign to their new location.
Councilman Yount 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, Schrempf and
Yount.
Nays —None.
Notice of suit against the City
filed by Frank J. Fosselman in the
sum of $7,500.00 on account of per-
sonal injuries sustained in falling on
an icy sidewalk at 45 West 5th St.,
Jan. 20th, 1927, referred to the City
Solicitor.
Petition of Geo. W Kennelly Elec-
tric Co., asking permission to install
an electric display sign on a boule-
vard light post for the Quality Oil
Co at 10th and Locust Streets.
Councilman Maclay moved that
the rules be suspended to allow any-
one present who wishes to do so, to
address the Council. Seconded by
Councilman Schrempf. Carried by
the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
Mr. Kennelly addressed the Coun-
cil relative to the petition and stat-
ed further that the boulevard light
post is one situated in the parking
space of the Company's property
that the sign weighs about 20 pounds
and will be securely installed.
Councilman Maclay moved that
the petition be referred to the City
Manager. Seconded by Councilman
Schrempf. Carried by the following
vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
A communication relative to the
bonding of Electrical Contractors,
and revising the inspection rates,
etc., of the present Electrical Ordin-
ance, governing the installation of
electrical operators, and wiring, in
the City of Dubuque, signed by Kell-
er Electric Co., Appel Higley Elec-
tric Co., The M. M. Faber Co., E & H
Electric Co., E. P. Smith Electric
Co., United Electric Co., and Cres-
cent Electric Co.
Councilman Meuser moved that
the petition be referred to the Coun-
cil to investigate, the Electrical In-
spector to be at the conference. Sec-
onded by Councilman Maclay. Car-
ried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
Annual report of the City Auditor
for the fiscal year of 1926 presented
for approval. Also the report of the
City Waterworks for the month of
April, 1927, presented.
Councilman Maclay moved that
the reports be received and placed
on file. Seconded by Councilman
Schrempf. Carried by the following
vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
Resolution
WHEREAS, J. J. Nagle is the own-
er of Mineral Lot 209 containing 4.75
acres and Lot 24 in Burton's Du-
buque Addition; and
WHEREAS, the City of Dubuque
is the owner of Lot 2 of 1 of Min-
eral Lot 203, containing 7.33 acres;
and
WHEREAS, it is necessary that a
road be acquired as an approach and
entrance to the water reservoir from
Kauffman Avenue to said reservoir,
and said road has been laid out
across said lot 24 Burton's Dubuque
Addition and Mineral Lot 209; and
WHEREAS, Lot 2 of 1 of Mineral
Lot 203 is not needed for any pub-
lic purpose; now therefor,
BE IT RESOLVED by the City
Council of the City of Dubuque that
an exchange of properties be made
by the City of Dubuque and J. J.
Nagle, the respective owners of the
real estate herein described so that
said city of Dubuque will convey to
said J. J. Nagle Lot 2 of 1 of Mineral
Lot 203 together with a right of way
heretofore acquired by the Water
Department as an entrance to said
lot in exchange for Mineral Lot 209
and Lot 24 of Burton's Dubuque Ad-
dition which real estate shall be con-
veyed by said J. J. Nagle to the City
of Dubuque.
Be it further resolved that in or-
der to carry out this transfer of real
estate the Mayor and City Clerk be
and they are hereby directed to exe-
cute a warranty deed of Lot 2 of 1
of Mineral Lot 203 in favor of J. J.
Nagle, which deed and plat shall be
delivered to said J. J. Nagle upon
the receipt from him of a warranty
deed of Mineral Lot 209 and Lot 24
Burton's Dubuque Addition.
May 2nd, 1927
Councilman Maclay moved that
the petition be refererd to the City
Manager and Engineer for investi-
gation. Seconded by Councilman
Meuser. Carried by the following
vote:
Yeas —Mayor Melchior, Council
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
Petition of J. W. Kilby, stating
that in 1924 the City levied against
lot 66 Union Add. an assessment for
the improvement of Cleveland Ave.
in the amount of $233.32. That at
the time the property was in the
name of Mary S. Ryan and he had
no notice of this assessment until
he saw a notice in the paper that
the property was advertised for tax
sale. The City purchased it at tax
sale Dec. 7th, 1925. He hereby pe-
titions the City Council to allow him
to redeem his property by paying the
original assessment or cost to the
City less the penalty and interest.
Councilman Maclay moved that
Mr. Kilby be allowed to redeem his
property by paying the original cost
to the City with interest at u% from
the date of ta: sale to date and the
penalty be cancelled, and the Treas-
urer be instructed accordingly. Sec-
onded by Councilman Meuser. Car-
ried by the following vote:
Yeas —Mayor Melchior, Council
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
Petition of H. C. Grobe, Louis A.
Kaune and Wm. A. Erner, being
owners of property located on the
east side of Elm Street, between Lin-
coln and Rhomberg Avenues, asking
that the alley in the rear of this
property be opened, so that they
may have access to the rear of their
respective properties.
Councilman Maclay shoved that
the petition be referred to the City
Manager and Engineer, for investi-
gation. Seconded by Councilman
Meuser. Carried by the following
vote:
Yeas —Mayor Melchior, Council
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
The fololwing bonds were present-
ed for approval: Bonds of Beatrice
Creamery Co. and Schumacher Tire
Co., for operation of display signs.
Contractors bonds of Wm. Lammer,
and T. E. Efferding, renewal of con-
tractors bonds of Fred Marty & Son,
and Win. Walter. Excavation bond
of Norman S. Bull. Official bonds of
John W. McEvoy, supt. of City Wat-
erworks, and J. C. Maclnerny, Build-
ing Inspector.
238 Regular Session, May 2nd, 1927
Passed, adopted and approved this
2nd day of May, 1927.
H. G. MELCHIOR,
Mayor.
ED. SCHREMPF,
JOHN H. MACLAY,
WM. H. MEUSER,
EARL YOUNT,
Attest:JOHN STUBER,
City Clerk.
Councilman Meuser moved the ad-
option of the resolution. Seconded
by Councilman Yount. Carried by
the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
To the Honorable Mayor and Coun-
cil,
Of the City of Dubuque:
Gentlemen: M. J. McConnell fell
on an icy walk on December 28, 1926,
on the north side of Dodge Street
and broke his arm. This accident
has been thoroughly investigated
and I would recommend a settlement
of the actual damage for the sum of
$150.00. If this settlement is satis-
factory to your Honorable Body I
would recommend that a warant be
drawn in favor of Mr. McConnell for
said amount.
Respectfully submitted,
M. H. CZIZEK,
City Solicitor.
Councilman Maclay moved that
the recommendation of the City So-
licitor be approved, and the Auditor
be instructed to draw a warrant in
the sum of $150.00 in favor of M. J.
McConnell payment in full for per-
sonal injury claim. Seconded by
Councilman Schrempf. Carried by
the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
Petition of Mrs. Anna Kelly, re-
ferred to the City Council by the
Board of Supervisors of Dubuque
County, asking that her 1926 tax on
lot 134 Union Addition be canceled.
Councilma:p Maclay moved that
the 1926 taxes on lot 134 Union Add.
owned by Mrs. Ann Kelly be sus-
pended and the Board of Supervisors
be notified accordingly. Seconded
by Councilman Yount. Carried by
the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf and
Yount.
Nays —None.
On the petition of Louis and Eliza-
beth Arthofer owners of lots 314-
315 Ham's Add. Owing to the fact
that these lots cannot be connected
with the sewer without trespassing
on other people's property, the fol-
lowing reductions were made on the
assessments for the construction of
the Eagle Point District Sewer.
Councilman Maclay moved that
the assessments on lots 314 and 315
Ham's Add., be reduced from $96.69
to $13.88 each lot. 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, and immediate-
ly went into a session of the Board
of Health.
JOHN STUBER,
City Clerk.
Approved 1927.
Adopted 1927.
Councilmen
Attest
i
City Clerk.
BOARD OF HEALTH
(Official)
Special Session May 2nd, 1927.
Board met at 5:30 P. M.
Present —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf and
Yount.
Mayor Melchior in the chair.
Meeting called for the purpose of
considering the special order and
notice, and adoption of a resolution
of the Board of Health.
Special Order and Notice from
Board of Health
To Miss Julia and Sarah Kemler.
You are hereby notified that on
the 2nd day of May, 1927, the local
Board of Health for the City of Du-
buque adopted a resolution ordering
you to abandon and remove the out-
side water closet, privy or privy
vault located upon the premises de-
scribed therein and to clean the
same; also to connect said premises
with the sanitary sewer and install
sanitary toilet and toilet facilities
and connect the same with said sew-
er, all of which to be done within
thirty (30) days from the date of
said resolution, a copy of which is
herein set out and is as follows:
Resolution of the Board of Health
Be it resolved by the Board of
Health of the City of Dubuque, Iowa,
that it is deemed necessary that lot
number 1, 2, 3 College Sub. Div.,
1520 West 3rd St., Dubuque, Iowa,
owned by Julia and Sarah Kemler,
be connected with sanitary sewer;
that the outside water closet, privy
or privy vault upon said premises
be abandoned and removed and said
vault cleaned and that a sanitary
toilet and toilet facilities be in-
stalled and connections made with
the sanitary sewer.
Be it further resolved that said
Julia and Sarah Kemler be notified
to remove and abandon the outside
water closet, privy or privy vault
located upon the premises above de-
scribed and to clean said vault; that
said property be connected with the
sanitary sewer and that sanitary
toilet and toilet facilities be installed
and connections made with said sew-
er, all of which to be done within
thirty (30) days from the date here-
of.
Be it further resolved that said
Julia and Sarah Kemler be notified
of the action of this Board by the
service of a written notice together
with a copy of this resolution. Fail-
ure to comply with the terms hereof
within the time stated shall be fol-
lowed by prosecution or such other
Special Session May 2nd, 1927 239
action as the Council or Board may
determine.
Dated this 2nd day of May, 1927.
H. G. MELCHIOR,
Mayor.
Attest: JOHN STUBER,
Clerk.
You are further notified that pros-
ecution will follow a failure to com-
ply with this order and notice, or
such further action will be taken as
to the Council or Board of Health
may seem proper.
Signed:
D. C. STEELSMITH,
Health Officer.
Councilman Maclay moved the
adoption of the resolution. Second-
ed 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,
Board adjourned.
JOHN STUBER,
Clerk, Board of Health.
Approved 1927.
Adopted 1927.
Board
of Health
Attest:
Clerk of the Board of Health.
Paving 'approximately three blocks
of Central Avenue.
Paving on West 8th Street and
Julien Avenue.
Paving on South Locust Street.
Paving on Southern Avenue.
Storm Sewer on Southern Avenue.
Storm Sewer on Curtis Street.
A large number of places where
curb and gutter, sidewalk, steps or
paving must be repaired.
Cleaning all storm sewers and
catch basins.
Cleaning all sanitary sewers.
Cleaning all streets of mud and
rubbish.
The above work is all emergency
work caused by the excessive rain-
fall. We have started repairs on
part of this work. I would respect-
fully request authority to go ahead
on all of this emergency work.
C. E. DOUGLAS,
City Manager.
Work authorized to be done.
I take this time to express my
appreciation for the hearty co- opera-
tion of the Engineering and Street
Departments and the Fire and Pol-
ice Departments in their work im-
mediately after the storm yesterday.
Respectfully submitted,
C. E. DOUGLAS,
City Manager.
Petition of the Dubuque Baseball
Club, tendering an invitation to the
City Council to participate in the
parade preceding the opening game
and to be their guests during the
game.
Councilman Schrempf moved that
the invitation be accepted with
thanks. Seconded by Councilman
Yount. Carried by the following
vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Petition of the American Legion
Post No. 6 and Dubuque Unit No. 6,
the American Legion Auxiliary, ask-
ing permission to conduct their
seventh annual poppy sale on May
21st, 1927.
Councilman Maclay moved that
the prayer of the petition be grant-
ed. Seconded by Councilman Meu-
ser. Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Councilman Maclay moved that
the rules be suspended to allow any-
one who wished to do so to address
the Council. Seconded by Council-
man Schrempf. Carried by the fol-
lowing vote:
Yeas —Mayor Melchior, Council-
Special Session May 9th, 1927
men Maclay, Meuser, Schrempf.
Yount.
Nays —None.
John Knoll, attorney for Mr. Ken -
neally, owner of Lot 1 of Sub. of
Min. Lot 41, stating that he had
previously filed a petition with the
Council asking that the assessment
against this property amounting to
$1,447.15 be reduced, claiming that
this assessment is much too high,
and he hereby asks the Council to
view this property and make a rea-
sonable reduction.
Councilman Maclay moved that
the Council view the grounds. Sec-
onded by Councilman Schrempf.
Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Mr. J. L. Crawford addressed the
Council relative to the viaduct at
the railroad crossing on 17th Street,
claiming that this is not large
enough to take care of the water
during a heavy rainstorm and there-
fore all the property in this neigh-
borhood is flooded and damaged.
The same condition also exists on
16th Street and he hereby asks the
Council to investigate and have this
condition remedied. The Council
will view the viaducts. No motion.
Frank Zemanek addressed the
Council asking that the water mains
be extended on Avoca Street so as
to enable him to connect his home
on Avoca Street with the same.
Councilman Meuser moved that
the matter be refererd to the City
Manager and the Superintendent of
the Water Works. Seconded by
Councilman Yount. Carried by the
following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Y count.
Nays —None.
Petition of the Dubuque Memorial
and Historical Association, asking
permission to place a bronze mem-
orial tablet on the northwest corner
of the City Hall in honor of the
Grand Army of the Republic and the
women who served.
Councilman Yount 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, Schrempf,
Yount.
Nays —None.
City Manager Douglas reported
that it was necessary to make re-
pairs on the grandstand and also on
the bleachers in the baseball park
and that he had ordered the work to
be done. The action of the City
240 Special Session, May 9th, 1927
CITY COUNCIL
(Official.)
Special Session, May 9th, 1927.
Meeting called by order of Mayor
Melchior and Councilman Maclay.
Council met at 4:30 P. M.
Present —City Manager Douglas,
Mayor Melchior, Councilmen Maclay,
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 considering
petitions and acting on any other
business that may properly come
before the meeting.
Petition of C. C. McGregor calling
attention of the City Council to the
condition of the street and sidewalk
abutting his property, Lot 13, Cum-
mings Sub., stating that a retaining
wall has been undermined and ruin-
ed by water and owing to this con-
dition the sidewalk is also under-
mined and ruined. He hereby asks
the Council to remedy this condi-
tion.
Councilman Meuser moved that
the matter be referred to the Coun-
cil to view the grounds. Seconded
by Councilman Maclay. Carried by
the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount..
Nays —None.
Bonds for the operation and main-
tenance of display signs presented
for approval. Bond of Falkenheiner
Drug Co., I. M. and Philip Hoppman,
and bond of Ajax Tire Co., and offic-
ial bond of Ed. Herron, Cashier of
the City Water Works, presented for
approval.
Being properly executed, Council
man Yount moved that the bonds be
received and placed on file. Sec-
onded by Councilman Meuser. Car-
ried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Report of the City Auditor and
City Treasurer for the month of
April, 1927, presented for approval,
and the Annual Report of the Chief
of Police for the fiscal year 1926,
presented. Councilman Maclay
moved that the reports be approved
and placed on file. Seconded by
Councilman Yount. Carried by the
following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Petition of Mr. W. C. Whelan,
complaining about the condition of
the street at the corner of Bluff and
Dodge Streets, claiming that the
sewer at this corner is not large
enough to take care of the water
during a heavy rain and consequent-
ly his property is flooded and dam-
aged. He hereby asks that that
condition be remedied. Council will
investigate. No motion.
May 9th, 1927.
City Council, Dubuque, Iowa.
Gentlemen: I respectfully request
authority to have the drainage cor-
rected at the point where Sixteenth
Street crosses the C. G. W. R. R.
tracks. We have had this matter
up with the railroad authorities for
some time and they have been very
slow in taking action. This work
should be done at once to relieve
the storm water situation in that
part of the city.
I also recommend that the drain-
age situation be worked• out at the
point where 17th Street crosses the
railroad and have plans prepared so
that this work can go ahead as soon
as possible. As the gutters on the
east side are higher than those on
the west side of the railroad, it will
be necessary to run a large storm
sewer from the railroad to the Bee
Branch Sewer.
In order to relieve the situation
on the upper end of Central Avenue
it will be necessary to construct a
storm sewer on Stoltz Street, also
on West 28th Street, formerly known
as Park Hill Avenue. I would ad-
vise that we have plans prepared
and estimates made for this work
and if possible go ahead with the
work in the near future.
Respectfully submitted,
C. E. DOUGLAS,
City Manager.
May 9th, 1927.
Honorable Council,
Dubuque, Iowa.
Gentlemen: During the rain storm
of yesterday, May 8, we had a rain-
fall of 1.25 inches from 10:30 A. M.
to 11:00 A. M., and 2.6 inches before
noon. During the day a total rain-
fall of 3.7 inches was recorded.
The U. S. Weather Bureau reports
also that on October 4th, 1919, dur-
ing a period of 24 hours we had a
rainfall of 3.37 inches. This shows
that we had .33 more rain yesterday
than during the storm of eight years
ago.
The damage to the City in 1919
was $125,000. The estimated dam-
age to the streets, retaining walls,
sewers and pavement yesterday will
be from $15,000 to $20,000.
Work to be done as follows:
Retaining wall on Villa Street, 100
ft. long by 25 ft. high.
242 Special Session, May 9th, 1927
Manager was approved. No motion.
Petition of Theis & Dietman, ask-
ing permission to install a gasoline
filling pump at the corner of Kniest
Street and Rhomberg Avenue,
presented.
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,
Y ouat.
Nay: —None.
Communication of the Traveling
Men's Greater Dubuque Club.
To the Honorable Mayor, City Man-
ager and City Council.
Gentlemen: We would appreciate
the honor of your attendance as our
guests at a Booster Dinner at the
Chamber of Commerce, Saturday,
May 21st, 1927, at 6:30 P. M. We
would request the appointing of a
member of your body to make a
short address on our City Govern-
ment. Trusting to have the honor
of your attendance we are,
Respectfully yours,
TRAVELING MEN'S GREATER
DUBUQUE CLUB.
Harry L. Skemp,
Secretary.
A. E. Flick,
President.
Councilman Meuser moved that
the invitation be accepted with
thanks and that Mayor Melchior be
appointed to give a short talk on
the City Government as requested.
Seconded by Councilman Yount.
Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
City Manager Douglas reported
that he had a communication from
the Secretary of the City Manager
Association, stating that it is cus-
tomary to have an advertisement in
the City Manager Magazine, relative
to the Convention, which will cost
$50.00 a month and should be in
about three months. No action
taken.
Councilman Schrempf brought up
the question of installing Stop and
Go signals. There being no appro-
priation made for these signals,
Mayor Melchior suggested that the
equipment be installed now and paid
for next year if such arrangement
can be made. The City Manager to
investigate and find out if such ar-
rangement can be made. No mo-
tion.
After some discussion is was de-
cided that the Council investigate
and examine the advisability of re-
pairing the old fire truck now in
operation before purchasing a new
one.
The matter of rates to be charged
by the publisher of the newspaper
for the publishing of Council pro-
ceedings and official notices was
brought before the meeting. The
City Solicitor ruled that the City pay
the legal rate as provided for in the
Code of the State of Iowa.
Notice of return of service, sworn
to by Sanitary Officer Joe Scharry,
that he served the notice on Sarah
and Julia Kemler to abandon out-
side water closet and have same
cleaned and connect the property
on College Street with sanitary
sewer, presented.
Councilman Yount moved that the
notice be filed for record. Seconded
by Councilman Meuser. Carried by
the following vote:
Y eas—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.
Councilmen
Attest:
City Clerk.
CITY COUNCIL
(Official.)
Special Session, May 16th, 1927.
Meeting called by order of Mayor
Melchior and Councilman Schrempf.
Council met at 4:30 P. M.
Present —City Manager Douglas,
Mayor Melchior, Councilmen Ma-
clay, Meuser, Schrempf, Yount.
Absent —None.
Mayor Melchior read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of acting on
petitions and any other business
that may come before the meeting.
Petition of property owners on
Angella Street asking that a side-
walk be constructed from the steps
011 said street to West Locust
Street, also to prohibit parking of
automobiles right above the ap-
proach to the steps on the north
side of the street. Signed by Dr. F.
J. Lange, Nick Thilmany, W. D.
Nash et al. (24 signers.)
Councilman Maclay 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 J. W. Robinson, a dis-
abled war veteran, asking that he
be exempted from paying a license
as a fruit peddler.
Councilman Schrempf moved that
the prayer of the petition be grant-
ed. Seconded by Councilman Meu-
ser. Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Petition of H. M. Kingsley supple-
menting his claim for damages filed
March 30th, 1927. He hereby makes
additional claim in the sum of $1,000
for personal injury.
Councilman Schrempf moved that
the petition be referred to the City
Solicitor. Seconded by Councilman
Maclay. Carried by the following
vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Warranty deed, J. J. Nagle and
wife to the City of Dubuque, to Lot
24, Burton's and Mineral Lot 209;
excepting and reserving forever the
right of way for a railway through
said ground 100 feet wide, being the
same lands and premises conveyed
to J. J. Nagle by E. I. DuPont de
Special Session, May 16th, 1927 243
Nemours & Co. by deed, dated June
14th, 1919, and recorded in the office
for recording deeds in Dubuque
County, Iowa, in Book 83, T. L. page
335.
Councilman Yount moved that the
deed be received and filed for rec-
ord. Seconded by Councilman Ma-
clay. Carried by the following vote:
Yeas —Mayor Melchior, Council -
menmen Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Petition of property owners rela-
tive to the drainage situation of the
school grounds of the Jefferson
School claiming that a large bank of
cinders placed at the west end of
the school, diverts the water from
Merz and Pleasant Streets where it
rightfully should flow, to Stines
Street which is not in condition to
carry the large volume of water
that drains from the school grounds.
They ask that this condition be rem-
edied. Signed by Edw. Walz, Frank
Harms, Harry ' Curtis, et al. (10
signers).
Councilman Yount moved that the
matter be referred to the Council to
view. Seconded by Councilman Meu-
ser. Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Petition of Sam Polski stating
that he is an invalid, unable to do
work, and he hereby asks that he
be exempted from paying a license
for peddling.
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.
Contractors' bonds of Lowell Wat-
kins, Ray Powers, Excavation bond
of M. Hill, renewal of contractor's
bonds of Joseph A. Aben, Frank
Henkels, Theo. Kintzle, renewal of
heating contractor's bonds of A. J.
LeVan, Nesler & Buechel, and sign
bond of Gertrude Rieder, presented
for approval.
Being properly executed, Council-
man Yount moved that the bonds be
received and placed on file. Sec-
onded by Councilman Meuser. Car-
ried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Shrempf,
Y ount.
Nays —None.
City Council Proceedings for the
month of February, 1927, presented
for approval. Councilman Schrempf
moved that they be approved and
244 Special Session, May 16th, 1927
placed on file. Seconded by Council-
man Yount. Carried by the follow-
ing vote:
Yeas—Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Y ount.
Nays —None.
Petition of the Amreican Legion
Post No. 6, showing that they had
the consent of 75% of the property
owners abutting Olinger Park to
have the D. D. Murphy Carnival Co.
to exhibit in said park during the
week of May 23rd, presented. The
Council had given the Legion per-
mission March 14th, 1927, to have
this exhibition providing they go,
the necessary consent of 75% of the
abutting owners.
Petition of property owners abut-
ting Olinger's Park, objecting to any
more carnivalys exhibiting in this
park, signed by 15 signers, stating
that if any of their names appear
on any petition after April 23rd,
1927, will not be valid. Signed by
C. H. Faust, L. J. P'osselman, Wm.
Reilly, W. J. Reichmran, W. H. Mar-
shall, C. Bideum, Nick Wiehl, C.
Bideum, F. J. Stock, E. J. Berringer,
Mrs. A. Koetz, Mr. and Mrs. Henry
Staner, Frank Kleeman, Geo. Kun-
singer, Mrs. Wm. Frith.
Councilman Yount moved that the
petitions 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,
Y ount.
Nays —None.
Petition of T. F. Kenneally (ver-
bal) brought before the Council at
a previous meeting by John Knoll,
his attorney, for reduction in assess-
ment for the improvement of South
Grandview Avenue. Council viewed
the grounds.
Councilman Maclay moved that
the petition be received and filed.
Seconded by Councilman Schrempf.
Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Councilman Meuser moved that
the rules be suspended to allow any-
one present to address the Council.
Seconded by Councilman Yount.
Carried by the follwoing vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
Mr. Joseph Fessler addressed the
Council and asked when the City
will have the sewer constructed in
Brunswick Street. He was informed
that the plans for said sewer are
being made now.
May 13th, 1927.
Honorable Council,
Dubuque, Iowa.
Gentlemen: The petition of Ma-
thilda Rastatter, owner of Lot 1 of
Milligan's Sub. in this city, which
adjoins the lots owned by the City
of Dubuque, on which the Delhi
Street standpipe is located, asking
that arrangements be made to take
care of the overflow of the stand-
pipe, was referred to the City
Manager.
We have made arrangements and
have secured right of way to con-,
struct a sewer with proper catch
basins to carry off the water from
this lot for any surplus water that
may overflow from the standpipe in
the future.
We are now grading these lots in
such a manner that any overflow
will be carried to the storm sewer
so that there should not be any trou-
ble in the future from overflow
water.
Respectfully 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,
Yount.
Nays —None.
May 12th, 1927.
Honorable Council,
Dubuque, Iowa.
Gentlemen: The petition signed
by Herman Grobe, Louis A. Kaune
and Wm. A. Erner, requesting that
a ten -foot alley be opened up from
Rhomberg Avenue to Lincoln Ave-
nue, or at least to the north line of
the property owned by Herman
Grobe.
I would recommend that this peti-
tion be not granted unless all of the
property is donated to the city for
the right of way for this alley.
Respectfully 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,
Yount.
Nays —None.
May 12th, 1927. ,
Honorable Council,
Dubuque, Iowa.
Gentlemen: The petition of Theis
and Dettman for the location of a
gasoline filling station on Kneist
Special Session,
Street immediately back of Stumpf's
Grocery Store, was referred to me
for inspection.
As there is very little traffic on
these streets and never any conges-
tion, I would recommend that this
petition be not granted.
Respectfully 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,
Yount.
Nays —None.
May 12th, 1927.
Honorable Council,
Dubuque, Iowa.
Gentlemen: The attached petition
of Louis Rotman, for the installation
of a gasoline pump and underground
storage tank at 301 Iowa Street, was
referred to me for investigation.
The traffic is heavy on this street
and at times is congested. This
place of business is not a commer-
cial garage. I therefore recommend
that this petition be not granted.
Respectfully,
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,
Yount. -
Nays —None.
May 12th, 1927.
Honorable Council,
Duubuque, Iowa.
Gentlemen: The petition of J. N.
Blades, owner of the house at 388
Algona Street, asking to be per-
mitted to pump the surface water
out of his cellar into Algona Street,
was referred to me.
I would recommend that this peti-
tion be held up until we have com-
pleted our survey for a sanitary
sewer for this section of the 'city.
Respectfully 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,
Yount.
Nays —None.
May 16th, 1927 245
May 12th, 1927.
City Council,
Dubuque, Iowa.
Gentlemen: The petition of Geo.
Kennelly Electrci Co., for the erec-
tion of a sign for the Quality Oil
Co., on Locust Street extending to-
ward the curb and from one of our
boulevard posts, was referred to me.
As this is a residential section
and there are no electrical signs of
any kind in this vicinity, I feel that
it is not in keeping with this sec-
tion to install an electrical sign of
this kind, especially hear the curb.
If this is allowed it would set a pre-
cedent so that it would be necessary
to allow other such signs to be in-
stalled. I would therefore recom-
mend that the prayer of this petition
be not granted.
Respectfully 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,
Yount.
Nays —None.
On the petition of Frank Zemanek,
asking that the water mains be ex-
tended in Avoca Street, which was
referred to the City Manager and
Superintendent of the Water Works,
the City Manager reported that the
water department will make the
extension.
Councilman Meuser moved that
the report be approved. Seconded
by Councilman Maclay. Carried by
the following vote:
Yeas —Mayor Melchior, Council-
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
The City Solicitor reported that
Carl Snyder, owner of Lot 74 in
Wood's Add., which the City pur-
chased at tax sale in 1922 for an
assessment levied against this prop-
erty in 1914 for the construction of
a cement sidewalk, offers to pay the
full assessment including interest
and penalties to date, and he here-
by reports that he has accepted this
amount and asks that the Treasurer
be instructed to cancel the tax sale
certificate, the total amount is
$18.50.
Councilman Schrempf moved that
the action of the City Solicitor be
approved and the Treasurer be in-
structed accordingly. Seconded by
Councilman Maclay. Carried by the
following vote:
Yeas — Mayor Melchior, Council-
246 Special Session, May 27th, 1927
men Maclay, Meuser, Schrempf,
Yount.
Nays —None.
There being no further business,
Council adjourned.
JOHN STUBER,
City Clerk.
Approved 1926
Adopted 1926
Councilmen
Attest:
i
City Clerk.
CITY 000NCIL
(Official.)
Special Session, May 27th, 1927.
Meeting called by order of Mayor
Melchior and Councilman Schrempf.
Council met at 4:30 P. M.
Present —City Manager Douglas,
Mayor Melchior, Councilmen Meuser,
Schrempf and Yount.
Absent — Councilman Maclay.
Mayor Melchior read the call and
stated that this meeting is called
for the purpose of acting on peti-
tions and any other business that
may come before the meeting.
Petition of Martin A. Schwartz
asking that a sewer be constructed
in Argyle Street, to enable him to
connect his property with same.
Councilman Meuser moved that
the petition be referred to the City
Manager and Engineer. Seconded
by Councilman Schrempf. Carried
by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
Petition of Helen and Wm. Mee-
han stating that the inlets in the
sewer at Dodge Street from Locust
to Bluff Streets are too small for
the volume of water during during
heavy rains, and on account of this
condition the recent heavy rains
have done considerable damage to
property in that neighborhood, and
they hereby claim damages from the
City in the sum of $3700.
Councilman Schrempf moved that
the part of the petition referring to
the inlets be referred to the City
Manager and Engineer, and that part
referring to the damage claim be
referred to the City Solicitor. Sec-
onded by Councilman Meuser. Car-
ried by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
Report of the American Legion
Post No. 6 and Auxiliary on the
poppy sale held May 21st, 1927, pre-
sented.
Total receipts of sale $880.32. Cost
of poppies $225; net total receipts
$655.32. This has been deposited in
a Special Fund in the Federal bank
and Trust Co. Incidental expenses,
such as containers, printing, janitor
fees, etc., are taken care of by the
Post Unit. A complete report of all
expenditures made from this fund
will be filed with the City Clerk at
the end of the year. Signed, Mrs.
Wm. Avery Smith, chairman of pop-
py sale; Mrs. Sybil M. Adams, presi-
dent of unit; Stanley N. Meyer, Com-
mander of Post.
Councilman Schrempf moved that
the report be made a matter of rec-
ord. Seconded by Councilman Yount.
Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
Petition of residents and business
men north of 13th Street, calling at-
tention of the Council to the deplor-
able condition of Rhomberg Avenue
from Lincoln Avenue to Eagle Point
Bridge, caused by the recent heavy
rains, and they hereby petition the
Council to take immediate action to
improve this street. Petition signed
by 71 signers.
After some discussion the Council
decided to have a conference with
the officials of the Bridge Co. and
abutting property owners, relative to
the financing of this work. No mo-
tion.
Petition of Ed. Kuehnle asking
permission to run a new sewer line
from his property at the southwest
corner of West 3rd and Nevada
Streets in order to get a floor drain
in the basement of his house to
drain the surface water out of the
cellar.
Councilman Schrempf moved that
the prayer of the petition be granted,
work to be done under the supervi-
sion of the City Engineer. Second-
ed by Councilman Meuser. Carried
by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
Communication from Mayor J. O'-
Keefe, of New Orleans; Victor J.
Miller of St. Louis; and Hale Thomp-
son, of Chicago, inviting Mayor Mel-
chior or some other representative
from Dubuque to attend the Flood
Control Conference to be held in
Chicago, June 2nd, 3rd, and 4th, 1927.
Councilman Schrempf moved that
the City Manager and any members
of the Council who wish to go be
authorized to attend this meeting.
Seconded by Councilman Meuser.
Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
Council Proceedings for the month
of March presented for approval.
Councilman Meuser moved that
they be approved as printed. Sec-
onded by Councilman Yount. Car-
ried by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Special Session, May 27th, 1927
247
Absent -- Councilman Maclay.
Bond of the Beatrice Creamery
Creamery Co. for the maintenance
and operation of display signs in-
stalled at the following places: 1105
Walnut St., 1501 Rhomberg Ave.,
Rockdale Road and Grandview Ave.,
1585 Delhi Street, 976 Main St., 655
Seminary St., 2985 Jackson St., 1515
Central Ave., 2220 Delhi St., West
3rd and College Sts., and 1897 Sem-
inary St., presented for approval, al-
so renewal of contractors bonds of
N. J. Schueller & Son and Dubuque
Roofing Co.
All of them being properly exe-
cuted, Councilman Meuser moved
that they be received and placed on
file. Seconded by Councilman Yount.
Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent— Councilman Maclay.
Petition of John Wj. Chappell ask-
ing that a sewer be constructed in
Madison Street. Stating that he is
the owner of lot 1 of 1 City lot 678
which is most of the frontage on one
side of the street affected.
Councilman Schrempf moved that
the petition be referred to the City
Manager and Engineer to investigate
and report back to the Council. Sec-
onded by Councilman Yount. Car-
ried by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
Annual report of the City Water-
works, presented for approval.
Councilman Schrempf moved that
the report be made a matter -of rec-
ord. Seconded by Councilman Yount.
Carried by the fololwing vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
City Solicitor Czizek reported on
the petition of M. L. Harwood, own-
er of Sub. 2 of 2 of 1 of 5 of 13
Mineral Lot 172, purchased by the
City at tax sale for the following
assessments: Sewer in Delhi St. in
1921, $17.16, with interest amounts
to $23.06; sidewalk in 1915, $34.65,
with interest amounts to $43.80; im-
provement of 14th St., 1923, $63.77,
with interest amounts to $68.50; to-
tal $135.36. Mr. Harwood offers to
pay $100 in full for the settlement
of these assessments. The City So-
licitor recommends the acceptance
of this offer.
Councilman Meuser moved that
the recommendation of the City So-
licitor be approved and carried out
as recommended, and the Treasurer
be notified accordingly. Seconded
Be it resolved by the City Council
of the City of Dubuque, that the
recommendation of the City Engin-
eer be approved and that said im-
provement be and the same is here-
by accepted and the City Engineer
be and he is hereby directed to pre-
pare a plat and schedule showing
the lots or parcels of real estate sub-
ject to assessment for said improve-
ments and file the same in the office
of the City Clerk subject to public
inspection and said Clerk shall up-
on receipt of such plat and sched-
ule publish the notice of the Coun-
cil's intention to levy special as-
sessments therefor, as required by
law.
Be it further resolved that said
Clerk be and he is hereby directed
to publish a notice of the intention
of the City Council to issue public
improvement bonds to pay the cost
of said improvements and state
therein the time and place, when
and where objections thereto may be
filed by interested parties, the meet-
ing of this Council for said purpose
to be held on the same date that
the special assessments herein pro-
vided for are to be levied.
Be it further resolved that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the funds to be realized from
the sale of improvement bonds is-
sued upon the above described im-
provements an amount equal to the
amount of his contract, less any re-
tained percentage provided for there-
in.
Passed, adopted and approved this
27th day of May, 1927.
H. G. MELCHIOR,
Mayor.
WM. H. MEUSER,
ED. SCHREMPF,
EARL YOUNT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved the ad-
option of the resolution. Seconded
by Councilman Yount. Carried by
the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
A verbal petition of residents in
the vicinity of 9th and Locust
Streets, asking that the Traffic Or-
dinance be amended, prohibiting
parking on Locust Street from 9th
to 10th Streets for more than one
hour.
.After some discussion on the mat-
ter, Councilman Schrempf moved
that the City Solicitor be and he is
hereby instructed to draft an ordin-
Special Session, May 27th, 1927
ante amending the present Traffic
Ordinance whereby parking on Lo-
cust Street from 8th to 10th Streets
for a longer period than one hour
will be prohibited. Seconded by
Councilman Yount. Carried by the
following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf, Yount.
Nays —None.
Absent— Councilman Maclay.
On the vacation of the alley imme-
diately east of College Street be-
tween West 3rd Street and Lang -
worthy Avenue, referred to the City
Engineer, April 11th, 1927, the Coun-
cil decided to view the grounds. No
motion.
Communication of John A. Cun-
ningham calling the attention of the
City Council to the Ordinance fixing
bridge tolls of the Dubuque Pontoon
Bridge Co. Ordinance adopted Dec.
14th, 1887, having been adopted at
the time the bridge was opened for
operation, and where the City has
the right to fix the bridge toll, also
an answer to a letter submitted to
the Council by Mr. Cunningham sent
to him by the War Department rela-
tive to bridge tolls, stating that the
War Department has no jurisdiction
in the matter of bridge tools of said
bridge, that this matter rests entire-
ly with the City of Dubuque and the
Dubuque Bridge Co.
City Solicitor Czizek submitted a
report on this matter, following is
his report:
To the Honorable Mayor and Coun-
cil of the City of Dubuque.
Gentlemen: For some time the
question has been agitated as to the
right of the City Council to regulate
tolls to be collected by the Dubuque
Pontoon Bridge Company by virtue
of an ordinance passed by the Coun-
cil in 1886. I have given some con-
sideration to the provisions of this
ordinance and feel that at this time
it might be proper to advise you of
my conclusions.
By virtue of the provisions of the
ordinance referred to the Dubuque
Pontoon Bridge Company was given
authority and permission to con-
struct and maintain a bridge from
the Iowa shore at or near the foot
of Pine Street across to the town of
East Dubuque. In order to encour-
age the construction of this bridge
the City of Dubuque caused to be
appropriated and paid to the Bridge
Company the sum of $25,000 and
gave said company a tax exemption
until such a time as the revenue de-
rived from the operation of the
bridge would be sufficient to pay a
248 Special Session, May 27th, 1927
by Councilman Yount. Carried by
the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
May 27th, 1927.
Certificate of City Manager
To City Council,
Subject: Acceptance of Dorgan
Place Improvement.
The undersigned hereby certifies
that the contract for the improve-
ment of Dorgan Place from the west
property line of the alley first west
of Madison Street to the east pro-
perty line of Ellis Street, by paving
the same with concrete, Uhlrich-
Paley Co., contractors, has been
completed. I further certify that this
work has been done in accordance
with the plans and specifications and
stipulations of the contract and I
would therefore recommend its ac-
ceptance by the Council.
C. E. DOUGLAS,
City Manager.
A Resolution Accepting Improve-
ments and Directing the Clerk
to Publish Notices
Whereas, the contract for the im-
provement of Dorgan Place from
alley 1st west of Madison Street to
Ellis Street, by constructing curb
and gutter and paving the same with
concrete, has been completed and
the City Engineer has examined the
work and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore
Be it resolved by the City Coun-
cil of the City of Dubuque, that the
recommendation of the City Engin-
eer be approved and that said im-
provement be and the same is here-
by accepted and the City Engineer
be and he is hereby directed to pre-
pare a plat and schedule showing
the lots or parcels of real estate sub-
ject to assessment for said improve-
ments and file the same in the office
of the City Clerk subject to public
inspection and said Clerk shall upon
receipt of such plat and schedule
publish the notice of the Council's
intention to levy special assessments
therefor, as required by law.
Be it further resolved that said
Clerk be and he is hereby directed
to publish a notice of the intention
of theCity Council to issue public
improvement bonds to pay the cost
of said improvements and state
therein the time and place, when and
where objections thereto may be
filed by interested parties, the meet-
ing of this Council for said purpose
to be held on the same date that
the special assessment herein pro-
vided for are to be levied.
Be it further resolved that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the -funds to be realized from
the sale of improvement bonds is-
sued upon the above described im-
provements an amount equal to the
amount of his contract, less any re-
tained percentage provided for there-
in.
Passed, adopted and approved this
27th day of May, 1927.
H. G. MELCHIOR,
Mayor.
WM. H. MEUSER,
ED. SCHREMPF,
EARL YOUNT,
Councilmen.
Attest: JOHN STUBER,
City Clerk.
Councilman Meuser moved the
adoption of the resolution. Second-
ed by Councilman Yount. Carried
by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf and Yount.
Nays —None.
Absent — Councilman Maclay.
May 27th, 1927.
Certificate of City Manager
To City Council.
Subject: Acceptance of improve-
ment of alley 1st west of Madison
Street.
The undersigned hereby certifies
that the contract for the improve-
ment of the alley first west of Mad-
ison Street from West 17th Street
to the north property line of Dor-
gan Place, by paving the same with
concrete, Uhlrich -Paley Co., con-
tractors, has been completed. I fur-
ther certify that this work has been
done in accordance with the plans
and specifications of the contract
and I would therefore recommend its
acceptance by the City Council.
C. E. DOUGLAS,
City Manager.
A Resolution Accepting Improve-
ments and Directing the Clerk
to Publish Notices.
Whereas, the contract for the im-
provement of the alley 1st west of
Madison Street from West 17th
Street to Dorgan Place, by construct-
ing curb and gutter and paving the
same with concrete, has been com-
pleted and the City Engineer has
examined the work and filed his cer-
tificate stating that the same has
been completed according to the
terms of the contract, plans and
specifications and recommends its
acceptance, now therefor
250 Special Session, May 27th, 1927
net annual dividend or interest of
8% on the money actually invested
in the construction of the bridge
and its approaches, less the $25,000
contributed by the City. The City
was given the right to declare said
bridge free from toll and for that
purpose take into possession and
control the bridge. However, if the
City decided to exercise this right,
then it was provided that the City
would be required to pay the Bridge
Company at the end of each year a
net annual interest of 8% on the
actual cost of the construction of
the bridge and its approaches, less
the $25,000 contributed by the City,
and thereupon the City would have
the right and it would be its duty to
operate and maintain the bridge.
It was further provided, however,
that either before or after the City
had determined to exercise this
right, should the Bridge Company
pay back to the City the $25,000 by
it contributed, without interest, then,
and in that event the Bridge Com-
pany would have, hold and operate
the bridge discharged of all right on
the part of the City to make it a
free bridge, under this option.
A few years ago, the Bridge Com-
pany paid back to the City the
$25,000 that had been paid to it af-
ter the Council had discussed the
question of taking over the bridge
and making it a free bridge. By
virtue of the terms of the ordinance,
the Bridge Company had the right to
pay back this money and thereafter
be discharged from any further right
upon the part of the City to declare
the bridge a free bridge.
The ordinance, in relation to the
right of the City to regulate the
tolls to be charged by the Bridge
Company, makes this provision:
"Section 6. In consideration of
the aid herein stipulated (referring
to the $25,000 that was paid), to be
rendered by the City of Dubuque in
the construction of said bridge, and
the exemption of the same from city
taxation, the City of Dubuque shall
have the right to fix the rate of
charges of said bridge, and may do
so from year to year, but shall not
fix the toll to be charged for teams
over and back at less than 25 cents
nor for foot passengers over and
back at less than 5 cents or at those
rates." It would appear from this
provision of the ordinance that the
City of Dubuque has the right to
regulate the tolls to be charged by
the Bridge Company within the lim-
its expressly stated in the ordinance.
This right is predicted upon a valid
consideration and when the ordin-
ance was passed and accepted by
the Bride Company the right to reg-
ulate the tolls was expressly agreed
to.
The Ordinance was not merely a
grant of authority to construct the
bridge, but it was in the nature of
a mutual contract between the par-
ties, and its terms were mutually
binding. This is stated in the ordin-
ance itself. I refer you to Section
10 which is as follows:
"Section 10. That it is expressly
understood that this ordinance, when
accepted by said Dubuque Pontoon
Bridge Co., shall be constructed to
be a mutual contract between the
City of Dubuque and said Company,
and all of its provisions and condi-
tions binding upon both parties."
When the Bridge Company paid
back to the City the $25,000 which
the City had originally contributed,
it did not lose thereby the right to
control the tolls, but only the right
to declare the bridge free from tolls.
In order to determine what would be
a fair toll, the City has been given
the right, by resolution, to call up-
on the Bridge Company for a state-
ment, duly sworn to, showing the
actual cost of the bridge and the
expense incident thereto. It is also
provided that the Mayor of the City
shall be ex- officio a member of the
Board of Directors of the Bridge
Company, having the same powers
and authority as other directors
therof.
I am reporting this matter to you
at this time in order that you may
direct your consideration, if you de-
sire to do so, to the question of
regulating and fixing the tolls which
the Bridge Company shall charge for
passage over the bridge. You will
observe that the limitation placed
upon the right of the Council to reg-
ulate the tolls fixes a minimum toll
of 25 cents for over and return pass-
age, but it does not limit the right
to fix a one way passage to this or
any other amount. One of the ser-
ious objections to the toll that is
being collected by the Bridge Com-
pany is the round trip charge. It
would seem to me that the Council
might direct its attention to the fix-
ing of a toll for one way passage
which would in no manner conflict
with the express provisions of the
ordinance and powers granted to the
City by its provisions.
Respectfully submitted,
M. H. CZIZK,
City Solicitor.
Councilman Yount moved that a
meeting be arranged with the offi-
cers of the Bridge Company to go
over this matter thoroughly and
have it satisfactorily adjusted. Sec-
onded by Councilman Schrempf.
Carried by the following vote:
Yeas —Mayor Melchior, Council-
men Meuser, Schrempf, Yount.
Nays —None. •
Absent — Councilman Maclay.
There being no further business,
Council adjourned.
JOHN STUBR,
City Clerk.
Approved 1926.
Adopted 1926.
Councilmen
Attest:
Special Session, May 27th, 1927 251
City Clerk.