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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.