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1927 November Council ProceedingsRegular Session, November 7th, 1927 359 CITY COUNCIL (Official.) Regular Session, November 7th, 1927. Council met at 4:30 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser, Schrempf. Absent— Councilman Yount. Mayor Melchior stated that this is the regular monthly meeting of the Council for the dispatch of such busi- ness as may regularly come before the meeting, and that this date was also set for the considering of bids for the construction of sidewalks in various parts of the City, and con- sidering for adoption an Ordinance vacating Charter Street. An Ordinance vacating Charter Street from the east line of Harrison Street to the west line of Salina Street, having passed first and sec- ond reading October 21st, 1927, pre- sented for final reading and adop- tion. Ordinance. An Ordinance vacating Charter Street from the east line of Harrison Street to the west line of Salina Street. Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That Charter Street be and the same is hereby vacated from the east line of Harrison Street to the west line of Salina Street, the City of Dubuque being the owner of all lots and lands abutting upon and adjacent to the portion of Charter Street herein vacated. Section 2. That this Ordinance shall be in force and effect ten days from and after its final passage and adoption by the City Council of the City of Dubuque and publication as provided by law. Passed upon first and second read- ings this 21st day of October, 1927. Passed, adopted and approved up- on final reading this 7th day of November, 1927. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H HEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal, newspaper November 8th, 1927. JOHN STUBER, Nov. 8, lt. 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, Meuser, Schrempf. Absent — Councilman Yount. Petition of H. C. Ohlsen, stating that on Wednesday night, October 12th, 1927, while driving his car on Seminary Street between Harrold' and Woodward Streets he ran into an open manhole from which the cover had been removed, and thereby dam- aged his Packard car to the extent of $200.00 and hereby asks the City to reimburse him in said amount. 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. Nays —None. Absent — Councilman Yount. Notice of Suit against the City of Dubuque in the sum of $5,000.00 filed by Kenline, Roedell, Hoffmann & Tierney, attorneys for Edith A. Lawrence, on account of personal in- juries sustained by her in falling on a defective sidewalk on Spruce Street, July 30th, 1927. Councilman Schrempf moved that the notice be referred to the City Solicitor. Seconded by Councilmen Maclay. Carreid by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of Renier Bros. for per- mission to move their sign from their former location at 545 Main Street to their new location at 531 Main Street, presented. Councilman Schrempf moved that the prayer of the petition be grant- ed. Seconded by Councilman Ma- clay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Bond of the Ruete Drug Co. for the operation of a display sign pre- sented for approval. It being properly executed, Coun- cilman Schrempf moved that it be received and placed on file. Second- ed by Councilman Maclay. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. City Council Proceedings for the month of September, 1927, presented for approval. Councilman Schrempf moved that they be approved and filed for record. Seconded by Coun- cilman Maclay. Carried by the fol- lowing vote: 360 Regular Session, November Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent— Councliman Yount. Report of the City Waterworks for the month of October, 1927; report of the City Auditor for the month of October, 1927, and report of the City Treasurer for the month of October, 1927, presented for approval. Councilman Meuser moved that the reports be approved and filed for record. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of Joanna McCabe and Hubert Kamp for the vacation of a 20 -foot strip of ground immediately west of Lot 9, Prospect Hill Add., stating that this strip was taken by the City many years ago for the Purpose of making a walk for the residents of Fenelon Place, connect- ing with West Third Street, but for the last 30 years has been abandon- ed and is not being used and is cov- ered with weeds. Councilman Meu- ser moved that the petition be re- ferred to the Council to view the grounds. Seconded by Councilman Maclay. Carried by the following vote: Yeas—Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Communication from the Missis- sippi Valley Association stating that the next convention of the associa- tion will be held in St. Louis, No- vember 14th and 15th, 1927. and urg- ing that the City send a delegation of prominent business men headed by the Mayor to attend. Councilman Mueser moved that the Mayor and John A. Kerper be delegated to attend this meeting. Seconded by Councilman Maclay. Carried by the following, vote: Yeas— Councilmen Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Not voting —Mayor Melchior. Notice of publication to sidewalk contractors calling for bdis for the construction of sidewalks, certified to by the publisher. Councilman Meuser moved that the notice be received and file. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. There were no bids presented. Petition of property owners abut- 7th, 1927 ting the East side of Glen Oak Street between Julien Avenue and West 14th Street, asking that the City vacate and deed to them 4he 14 feet of ground platted as parking and lying directly in front of their property. Signed by M. Reinert, owner of Lot 4, Hannig Sub., and Lillian B. Shea, owner of Lot 2, Han - ning's Sub. Councilman Meuser moved that the City accept $25.00 for each 50- foot lot, providing each property owner in said block will purchase the ground in front of their respec- tive properties pro rata. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior. Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of the Macabees, Tent No. 24, stating that during the week of September 26th to October 1st, 1927, they endeavored to stage a carnival for the purpose of raising money for charitable purposes, and having sus- tained a loss on account of adverse weather conditions, they hereby ask that the City return to them the lic- ense fee and the unused portion of the deposit made for cleaning the grounds after the Carnival. Councilman Maclay moved that the prayer of the petition be grant- ed. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of Jos. N. Straub, owner of Lot 7, Sunny Side Add., for per- mission to make connections with the sanitary sewer in Parkway for the purpose of making a floor drain. In order to do this it will be neces- sary to cut through the vibrolithic pavement, and he asked that an ex- cavation permit be granted through his plumber, Chas. Pape & Son, to cut through the paving. Councilman Maclay moved that the prayer of the petition be grant- ed. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of property owners who reside along East 18th, 19th and 20th Streets, and in the vicinity thereof, stating that in severe rain storms the water of these streets is not pro- perly carried off by the catch basins located on the east end of said streets, and it is their belief that Regular Session, November 7th, 1927 catch basins of larger capacity as well as an opening under the C. G. W. R. R. tracks at the foot of 19th Street will materially assist in pro- viding proper draniage in severe rain storms; also including .18th Street. Signed by C. W. Dangle - meyer, J. P. Thillman, L. G. Mc- Aleece et al. (65 signers) Councilman Maclay moved that the petition be referred to the City Manager for investigation. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of Mrs. Anna C. Wright, referred to the City Council by the County Board of Supervisors, asking that the last one -half of the 1926 tax on Lot East 1/2 of Lot 5, Pickett's Sub. be cancelled. Councilman Maclay moved that the tax be suspended and the Board of Supervisors be notified of the Council's action. Seconded by Conn- man Meuser. • Carried by the follow- ing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of the Sunshine Circle, asking that they be allowed to hold a Tag Day the latter part of Novem- ber or the first part of December, presented. Signed by Mrs. Laura Carey, president; Mrs. Florence Ker- rigan, secretary. Councilman Schrempf moved that the prayer of the petition be grant- ed. Seconded by Councilman Ma- clay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of Mrs. Richard Herrman and Mrs. Geo. L. Young asking that water and sewer mains be installed in Division Street, as they are anx- ious to connect their properties wtih same. Councilman Meuser moved that the rules be suspended to give any- one present who wished to do so an opportunity to address the Council. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Miss Rosalie Herrmann addressed the Council relative to said water and sewer mains, stating that others on said street will also connect when mains are installed. Councilman Meuser moved that 361 the petition be referred to the City Manager and Engineer for investi- gation. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Certificate of City Manager November, 7, 1927. To City Council. Subject: Acceptance of Sewer in Schroeder Street. The undersigned hereby certifies that the contract for the construc- tion of a sewer in Schroeder Street, Cook & Kean, contractors, has been completed. I further certify that this work has been done in accordance with the plans and specifications and stip- ulations of the contract and I would therefore recommend its acceptance 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 sewer in Schroeder Street from the manhole in Lowell Street to a point about 260 feet south has been com- pleted 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 contract, plans and specifications and recommends its acceptance, now therefor Be it resolved by the City Council of the City of Dubuque, that the recommendation of the City Engi- neer be approved and that said im- provement be and the same is here- by accepted and the City Engineer be and he is hereby diretced to pre- pare a plat and schedule showing the lots or parcels of real estate sub- ject to assessment for said improve- ment 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 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 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 362 Regular Session, November 7th, 1927 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 therein. Passed, adopted and approved this 7th day of November, 1927. H. G .MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, Councilmen. • Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved the adoption of the resolution. Second- ed by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent— Councilman Yount. Agremeent. October 31st, 1927. Articles of Agreement are hereby entered into by and between the City of Dubuque, a municipal cor- poration of Iowa, as party of the first part, and The Sisters of Good Shepherd, and W. L. Bradley, as party of the second part, with the following terms, to -wit: Whereas, The Sisters of Good Shepherd, and W. L. Bradley, peti- tioned the City of Dubuque, through the City Water Works, to lay and extend a water main -in the Asbury Road, County of Dubuque, State of Iowa, from the end of the present main to the entrance of the Sisters of Good Shepherd, a distance of ap- proximately 1,760 feet, estimated cost $3,741.63. Whereas, The City of Dubuque has granted said petition and agreed to extend said mains, as described below, provided the Dubuque County Supervisors grant permission to the petitioners for a permanent right -of- way in Asbury Road for the pro- posed water main It is Agreed, that the City of Du- buque will extend said water main as stated and charge one - fourth of the cost to Wm. L. Bradley, one - fourth to The Sisters of Good Shepherd, and the other one -half to be paid for by the City of Dubuque. It is Further Agreed, that the City of Dubuque will own and control this proposed extension and reserves the right to make further extensions thereto, and the right to permit con- nections therewith to abutting prop- erty along the line thereof, subject to the rules and regulations of said Water Department. 1 —Said Sisters of Good Shepherd and W. L. Bradley do hereby each agree to pay to the City of Dubuque, at the office of the City Water Works, the sum of $935.40 after the work has been completed and water furnished to the Sisters of Good Shepherd through the new main. H. G. MELCHIOR, Mayor. JOHN STUBER, City Clerk. THE SISTERS OF THE GOOD SHEPHERD, By Sister M. of St. Rinsee, Superior. W. L. BRADLEY. Councilman Schrempf moved that the Articles of Agreement be ap- proved and the Water Department be authorized to enter into a con- tract for said work. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser Schrempf. Nays —None. Absent — Councilman Yount. Not voting — Councilman Maclay. Fred Kretschmer, of Kretschmer Mfg. Co., addressed the Council stating that about August 15th the Company petitioned the Council ask- ing that Pine Street from the inter- section of East 7th Street to the alley directly in the rear of Lots 19 and 20, Block 14, Dubuque Harbor Imp. Co. Add., be vacated. This peti- tion was referred to the Council to view the grounds and he has heard nothing further about this since, and he would like to know what the Council is going to do about this. Council promised to take this mat- ter up and report within a short time. No motion made. Mr. Fessler addressed the Council and stated that he now has the sewer on Balke Street but no water. The City Water Works Depart- ment will lay water mains next spring. No further action at this time. John Heim addressed the Council and stated that he was assessed for the improvement of Jackson Street, against eight lots, that the assess- ment on six of these lots is paid, but he has not at the present time available cash to pay for the assess- ments on the other two lots, being Lots 3 and 4, Sub. 323 -324 and 322, Davis Farm Add., and he hereby asks that he be given time until next spring to pay this. Councilman Meuser moved that the request be granted and the Regular Session, November 7th, 1927 363 Treasurer be instructed accordingly. Seconded by Concilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Glen Ellis, owner of a lot on Green Street (verbal petition) stated that during heavy rains the water rushes over his lot and into his cel- lar. He stated that if the City would furnish him with tile pipe he would do the work of putting the tile in, and that by so doing he could elim- inate this condition. Councilman Meuser moved that this matter be referred to the City Manager with power. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Resolution. Whereas, a plat dedicating for al- ley purposes the south 10 feet of Lots 1 and 2 and the North 10 feet of the west 25 feet of Lot 3 and the north 10 feet of Lots 30 and 29 in Kelly's Subdivision to the City of Dubuque has been filed with the City of Dubuque by the owner of all the real estate proposed to be dedi- cated; now therefore, Be it resolved by the City Coun- - cil of the City of Dubuque that the dedication of said lands for alley purposes be and the same is hereby accepted and confirmed and here- after such dedicated alley shall be deemed to be under the use and con- trol of the City of Dubuque. Be it further resolved that the Clerk be and he is hereby directed to file said plat for record together with a certified copy of this resolu- tion with the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 7th day of November, 1927. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the adoption of the resolution. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Petition of Leonard Steiner, own- er of Lot 2 of 1 of 1 of 1 of 15 of M. L. 172, asking that he be allow- ed to pay the installments due against this property to date and 5% interest for the improvement of Irv- ing Street, and that the balance of the payments be paid on the install- ment plan. Councilman Schrempf moved that the prayer of the petition be granted and the Treasurer be instructed ac- cordingly. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. To the Honorable Mayor and Coun- cil of the City of Dubuque: Gentlemen: At this October term of the Dis- trict Court the following cases were called for trial and agreements for settlements have been reached, pro- viding the same are satisfactory to your Honorable Body. Law No. 22335, Fred Fichter vs. City of Dubuque is an action for damages growing out of personal in- juries sustained by plaintiff when he fell upon an icy Walk located on the east side of Highland Place. The accident occurred on the 18th day of • December, 1926. Plaintiff sustained painful and incapacitating injuries. Suit was brought against the City for $2,500. Settlement in the sum of $325 and the court costs was agreed upon. These costs amount to $10.45. If this settlement is satis- factory kindly have a warrant drawn in favor of Kenline, Roedell, Hoff- mann & Tierney, attorneys for plain- tiffs in the sum of $325.00 and in favor of R. P. Marshall in the sum of $10.45 for costs. The case of Henry King vs. City of Dubuque, Law No. 23343, is an action which grew out of personal injuries sustained by the plaintiff when he fell on alleged defective and icy walk on the west side of Iowa Street near 17th. As you know this case was tried at the May term, 1927, and resulted in a verdict in favor of the City. Upon plain- tiff's motion a new trial was order- ed. Plaintiff sued the City for $12,000. He sustained a broken hip and ever since the date of the acci- dent, January 3, 1927, he has either been confined to his bed or has been about on crutches. There isn't any question about the permanency of his injuries. When the case was called and when the selection of the jury was about half completed an agreement of settlement was reach- ed by which the City is to pay the sum of $800.00 to the plaintiff, and the plaintiff is to pay the court costs. This claim has been assigned to 364 Special Session, November plaintiff's sister, Mrs. Josephine Fla- herty. In this case I prefer to pay the costs which the City made dur- ing the trial, such as sheriff's ser- vice of subpoenas and witness fees for those who testified for the City. These costs 'amount to $22.94. So that I receommend that a warrant be drawn in favor of Mrs. Josephine Flaherty in the sum of $777.10 and in favor of myself for the payment of the costs referred to the in the sum of $22.90. Respectfully submitted, (Signed) M. H. CZIZEK, City Solicitor. Councilman Schrempf moved that the recommendation of the City So- licitor be approved and the Auditor be instructed to draw warrants in the above amounts as recommended. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. A communication relative to the installation and construction of 011 Burners presented and read. Re- ferred to the City Solicitor to draw up an ordinance covering the same. No action. City Manager Douglas reported that one of the city trucks needs re- pairing and that it would cost in the neighborhood of $500.00 to repair it, otherwise the City will be com- pelled to purchase a new one. He was authorized to have the truck repaired. No action. There benig no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. Councilmen Attest: City Clerk. 21st, 1927 CITY COUNCIL (Official) Special Session, November 21st, 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 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 acting on petitions and any other business that may come before the meeting. Councilman Maclay moved that the rules be suspended for the pur- pose of giving anyone present who wished to do so an opportunity to address the Council. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Ernsdorf Iron Co., as follows: To the City Council: In behalf of our landlord, J. E. McGill Estate, owner of Lot 5 of City Lots 578A and 579 City, we request that correction be made of the er- roneous sewer assessment against that property, Fund 711 —South Lo- cust Street. The tax assessment is $105.87, penalty $13.36 —total $119.23. This property has been connected with the so- called Beach Sewer for many years, and is still so connect- ed, and paid its proportion of the cost of said sewer at the time of its original connection. The lot front- age is 66% feet and the manhole of the old sewer is 24 feet 1 inch from the south corner of this Lot 5, which would leave 41 ft. 5 in., certainly free from any benefit from the new sewer, as we are not served by it at all, our service being to the north, through the old sewer, while the new sewer drains from the south. While this property does not seem to be benefitted at all by the new sewer, it might be considered legal that the actual lot frontage not pre- viously having a sewer in front of it, although the buildings have all the sewer connection they could ever re- quire, should pay the frontage as- sessment for 24 ft. 1 in., and in be- half of our landlord it is now pro- posed to pay $38.95 provided the same is received in full of said sewer assessment and that all pen - alties ($13.36) thereon be cancelled. Signed by The Ernsdorf Iron Co., H. E. Tredway, President. Special Session, November 21st, 1927 Mr. Tredway addressed the Coun- cil relative to the petition, stating that the petition contained about all there was to say, and hoped the Council would take favorable action. Councilman Meuser moved that the prayer of the petition be granted and the Treasurer be instructed ac- cordingly. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Louis B. Estabrook asking that the following lands be exempted from taxation: Min. Lot 189 (17.25 acres), part of Min. Lot 265 (12.05 acres), Min. Lot 200 (19.63 acres), Min. Lot 202 (12 acres), that part of Min. Lot 201 within the City limits (5.03 acres) and all of Lot 201 outside of City limits as long as it remains in the present condition, al- so part of Min Lot 340 in City limits (18.35 acres). This land is used for golf grounds and too a small extent for agricultural purposes. Attorney F. B. Lacy addressed the Council relative to this petition. Councilman Maclay moved that the petition be referred to the City Solicitor. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council - men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Theresa C. Winders re- ferred to the Council by the Board of Supervisors, asking for reduction in the valuation on Lot 2 of A of Lot 97, McCraney's 1st Add. for the 1927 tax from $2,200.00 to $1,600.00 property assessed to the Realty In- vestment Corporation. Councilman Schrempf moved that the petition be received and filed and the Board of Supervisors be notified of the Council's action. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of the Torbert Drug Co. for permission to excavate on Main Street for the purpose of connecting Lots 13- 14 -15, Block 1, Dubuque Har- bor Co.'s Add., with gas mains. Councilman Meuser moved that the prayer of the petition be grant- ed. Seconded by Councilman Ma- clay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. 365 Petition of Dennis O'Meara stat- ing that the water during heavy rains floods his property on South- ern Avenue, and he hereby asks the Council to remedy this condition. Councilman Meuser moved that the petition be referred to the City Engineer. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Mrs. Henry Bach ask- ing that the City pay for the medi- cal attendance of her son who was injured by falling on a rock pile while at play on the City play ground located on Queen Street, be- tween 22nd and 23rd Streets. Councilman Melchior 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. Bond of Charles Karn for the oper- ation of a display sign, and Heating Contractor's Bond of the Iowa House Furnishing Co., presented for ap- proval. The bonds being properly exec- uted, Councilman Schrempf moved that they be received and placed on file. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. City Council Proceedings for the month of October, 1927, presented for approval. Councilman Schrempf moved that they be approved as printed and placed on file. Seconded by Council- man Yount. Carried by the follow- ing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of residents in the vicin- ity of Sycamore Street and 18th Street asking that a Fire Hydrant be installed some where in the neighborhood of Sycamore and 18th Streets to give fire protection to the residents and business institutions located in this vicinity. On recommendation of the City Manager work will be deferred to a time when the Bee Branch Sewer at this intersection will be covered, which will probably be done next spring. Councilman Meuser moved that the recommendation of the City 366 Special Session, November 21st, 1927 Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays - -None. November 21, 1927. CERTIFICATE OF CITY MANAGER. To City Council, Subject: Acceptance of Grading of O'Neil Street, Brunswick Street and Groveland Place. The undersigned hereby certifies that the contract for the grading of O'Neil Street, Brunswick Street afid Groveland Place, Frank Beutin, con- tractor, has been completed. I further certify that this work has been done in accordance with the plans and specifications and sti- pulations of the contract and I would therefore recommend its ac- ceptance by the Council. C. E. DOUGLAS, City Manager. Councilman Meuser moved that the recommendation of the City Manager be approved and the work be accepted. Seconded by Council- man Schrempf. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. November 21, 1927. CERTIFICATE OF CITY MANAGER. To City Council: Subject: Acceptance of Sewer in alley between Brunswick Street and Balke Street. The undersigned hereby certifies that the contract for the construction of a sewer in alley between Bruns- wick Street and Balke Street, Uhl - rich -Paley Company, contractor, has been completed. 1 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 Brunswick Street and Balke Street by constructing a sewer in the alley between Brunswick and Balke Streets has been completed, and the City Engineer has examined the work and filed his certificate stating that the same has been com- pleted according to the terms of the contract, 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 Engi- neer 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 let the same in the office of the City Clerk subject to public inspection, and said Clerk shall up- on receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments 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 stare 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 provided 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 therein. Passed, adopted and approved this 21st day of November, 1927. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H. MEUSER, ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved the adoption of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. November 21, 1927. To the Honorable Council. Subject: Petition of East 18th, 19th and 20th Streets regarding drain- age. The work being done on 16th and 17th Streets under the railroad track, when completed, will aid the Special Session, November 21st, 1927 367 above streets. The 4 x 4 storm sewer on 16th Street leading east from the railroad track will be cleaned. To give further aid, it will be necessary to increase the area of the inlets to catch basins on these streets. _ To give additional relief it will be necessary to construct a storm sewer from the Five Point intersec- tion about 150 to 200 feet east to the Bee Branch Sewer, also a lateral from the Five Points west to Wash- ington Street. In East 15th Street from the east side of the railroad tracks to the Bee Branch Sewer it will be neces- sary to rebuild to existnig 2 x 2 box storm sewer. It is recommended that the work which has not been started, be in- cluded in next year's program. Respectfully yours, C. E. DOUGLAS, City Manager. Councilman Meuser moved that the report and recommendation of the City Manager be approved. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of the Dubuque Poster Advertising Co. asking permission to erect poster boards on property owned by the City on the north side of the wire fence running west from the Grandstand of the Municipal Athlteic Field. They offer $50.00 a year rental in advance for this loca- tion and agree to remove the boards at any time the City may desire to permanently improve the property. It is their expectation, if this request is granted, to remove an equal num- ber of poster boards from property owned by the Quality Oil Co., fur- ther to the west. Signed by Dubuque Poster Adv. Co., by R. L. Murphy. 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. Councilman Maclay asked to be excused and left the Council Cham- ber at 5:30 o'clock P. M. Report of the City Manager on the petition for a sanitary sewer in Division Street. He stated that it is too late in the season to install this sewer at this time and recommends that it be installed next spring. Councilman Meuser moved that the recommendation of the City Manager be approved. Seconded by Councilman Schrempf. Carried by the following vote: • Yeas — Mayor Melchior, Council- men Meuser, Schrempf, Yount. Nays —None. Absent — Councilman Maclay. A communication from the City Manager, also plans and specifica- tions for the sewer system for the West Dubuque District, presented and read. After some discussion on this sub- ject, Councilman Meuser moved that the matter be referred to the Coun- cil for further investigation and dis- cussion. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf, Yount. Nays —None. Absent — Councilman Maclay. Petition of Mrs. Alice McCune, re- ferred to the Council by the Board of Supervisors, asking that the tax on her property, Und. 1 /2 of Lot 9, McGrath's Sub., for 1926, be can- celled. The Board of Review exempted her from paying the 1927 tax. Councilman Schrempf moved that the tax be suspended and the Board of Supervisors be so notified, and the Treasurer be instructed to take this off the tax list. Seconded by Councilman Meuser. Carried by the follwing vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf, Yount. Nays —None. Absent — Councilman Maclay. Petition of Kretschmer Mfg. Co. asking that Pine Slreet from the intersection of East 7th Street to the alley immediately in the rear of Lots 19 and 20, Block 14, Dubuque Harbor Imp. Co. Add., be vacated. Fred Kretschmer of said Company addressed the Council relative to this petition and stated that this is not used and probably never will be, that he had this petition before the Council about four or five months ago, and that he would like to have an answer, that his Company in- tends to make improvements and in order to do this they must have a nefinite answer as to what the Coun- cil intends to do. Councilman Schrempf moved that the City Manager and City Solicitor be appointed to confer with the Interstate Power Co., who also want- ed part of this street, and the Kretschmer Mfg. Co. relative to the price to be paid the City for said property. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Mayor Melchior, Council- men Meuser, Schrempf, Yount. Nays —None. 368 Special Session, November 23rd„ 1927 Special Session, November 23rd 1927 369 Absent — Councilman Maclay. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. Councilmen Attest' City Clerk. CITY COUNCIL (Official.) Special Session, November 23rd, 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. Absent — Councilmen Schrempf, Yount. Mayor Melchior read the call and stated that service thereof had been duly made and this meeting is called for the purpose of accepting Fire apparatus and acting on any other business that may come before the meeting. Report of City Manager stating that the new Mack Truck has been delivered to the Fire Department, that the painting of the Truck is not satisfactory, and the Mack Inter- national Truck made the following agreement, all in accordance with specifications on file. This signed acceptance by the City of Dubuque of the herein mentioned combination City Service Truck is given with the understanding that the Mack International Motor Truck Corporation will furnish one B &M Electric Siron in place of Hand Si- ren now on machine. The Company further agrees to re- paint the machine in a satisfactory manner. Chief of the Fire Depart- ment is to select the desired paint color. Repainting is to be done in the City of Dubuque and opportunity for completing repainting before July 1st, 1928, is to be given by the Company. The old Ladder Truck is to remain with the Fire Department until repainting is finished. Signed, Mack International Motor Truck Corp. In view of the fact of this agree- ment the City Manager recommends the acceptance of the Truck. Sign- ed by C. E. Douglas, City Manager. Councilman Maclay moved that the recommendation of the City Manager be approved and the Truck be accepted. Seconded by Council- man Meuser. Carried by the follow- ing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser. Nays —None. Absent — Councilmen Schrempf, Yount. Petition of Bridget Brunskill re- ferred to the City Council by the Board of Supervisors, stating that she is the widow of a former police- man and owns East 24 feet of Lot 22, Cox's Add., and hereby asks that she be exempted from paying the 1926 tax. The Board of Review ex- empted her 1927 tax. Councilman Meuser 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. Nays —None. Absent — Councilmen Schrempf, Yount. November 23, 1927. CERTIFICATE OF CITY MANAGER. To City Council. Subject: Acceptance of Paving Rhomberg Avenue from the North property line of Lincoln Avenue to the Eagle Point High Bridge. The undersigned hereby certifies that the contract for the paving of Rhomberg Avenue, James F. Lee Paving Company, contractor, 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 Manger. A Resolution Acceptnig Improve- ments and Directing the Clerk to Publish Notice. Whereas, the contract for the im- provement of Rhomberg Avenue from the North property line of Lin- coln Avenue to the Eagle Point High Bridge 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 Engi- neer 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 subject to assessment for said im- provements 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 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 meeting of this Council for said purpose to be held on the same date that the spe- cial assessments herein provided 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 ig- sued' upon the above described im- provements an amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 23rd day of November, 1927. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser. Nays —None. Absent — Councilmen Schrempf, Yount. Petition of Elizabeth and Bridget O'Shea, referred to the City Council by the Board of Supervisors, asking that the 1926 tax on North 1/2 of City Lot 568 be called, stating that the Board of Review exempted this prop- erty for the 1927 and 1928 tax. Councilman Meuser moved that the petition be referred to the City Soilcitor. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser. Nays —None. Absent — Councilmen Schrempf, Yount. Petition of Simon Treanor Estate, referred to the Council by the Board of Supervisors, relative to the 1926 fax on Lot 1 of 12 and 1 of 13, Mc- Nulty's Sub. The 1925 tax was can- celled by the Board of Supervisors and the City suspended their part of this tax. They ask that the same action be taken on the 1926 tax. Councilman Meuser moved that the petition be referred to the City Solicitor. Seconded by Councilman Maclay. Carried by the following vote: 370 Special Session, November 23rd, 1927 Special Session, November 30th, 1927 371 Yeas —Mayor Melchior, Council- men Maclay, Meuser. Nays —None. Absent — Councilmen Schrempf, Yount. Bond of Russell C. Bennett for the operation of a sign at No. 445 Iowa Street presented for approval. Being properly executed, Council- man Maclay moved that it be re- ceived and placed on file. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council - men Maclay, Meuser. Nays —None. Absent — Councilmen Schrempf, Yount. Councilman Meuser moved that • the rules be suspended to give any- one present who wished to do so an opportunity to address the Council. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser. Nays —None. Absent — Councilmen Schrempf, Yount. • • J. F. Stampfer Jr. and Leon Miles, secretary of the Retail Merchants Bureau of the Chamber of Com- merce addressed the Council pro- testing to the abolishing of the "left hand turn" at the intersection where the "stop and go" signals are in- stalled. They suggested that the abolishing of the turn be withheld until the lights had been operated and it had been determined whether or not they could be safely operated with a "left hand turn" permitted. Chief of Police ' John W. Giellis was called upon to express his opin- ion on the matter. The Chief de- clared that in his opinion the opera- tion of signal lights at 8th and Main Streets without the "left hand turn" eliminated would constitute a great danger, and that although the dan- ger at the other intersections would probably not be so great, owing to the fact that traffic is not so great at these intersections, that danger would exist there also. An Ordinance, No. 191, Amending an Ordinance entitled "An Ordin- ance regulating street traffic within the City of Dubuque; prescribing rules and regulations for the use of streets, alleys, boulevards and ave- nues by motor or other vehicles; providing a penalty for the viola- tions of the provisions hereof, de- signating this Ordinance as the "Traffic Ordinance of the City of Du- buque" and repealing Ordinances Nos. 102, 122 and 125, heretofore adopted by the City Council of the City of Dubuque," and amendments thereto, by prohibiting a left hand turn at cretain street intersections, presented and read. Councilman Meuser moved that this be considered the first reading of the Ordinance. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser. Nays —None. Absent — Councilmen Schrempf, Yount. There being no further business, Council adjourned. JOHN STUBER City Clerk. Approved 1927. Adopted 1927. Councilmen Attest: City Clerk. CITY COUNCIL (Official) Special Session, November 30th, 1927. After an informal meeting of the Council held on this date for the purpose of discussing matters of im- portance, the Council immediately went into a Special Session. Meeting called at 5:30 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser, Schrempf, Yount. Walter H. Cullen was appointed City Clerk pro -tem. Petition of Bridget and Elizabeth O'Shea, asking for the cancellation of taxes on N. 1 / 2 of City Lot 568 for the years 1926 -1927, referred to the Council by the Board of Super- visors. Councilman Meuser moved that the 1926 tax be suspended and the Board of Supervisors be notified of the Council's action. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Mrs. Peter Kien asking that the 1926 tax 011 the S. 3 ft. of Lot 431, all of Lot 432 and N. 1/2 of Lot 433, all in East Dubuque Add., assessed to Peter Kien Estate, be suspended. Petition referred to the Council by the Board of Super- visors. Councilman Meuser moved that the prayer of the petition be grant- ed and the Board of Supervisors be notified of the Council's action. Sec- onded by Councilman Maclay. Car- ried by the folloing vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Mrs. Tim Flynn, re- ferred to the Council by the Board of Supervisors, asking that the 1925 and 1926 taxes on Lot 567, Lot 2, be suspended. Councilman Meuser moved that the prayer of the petition be grant- ed and the Board of Supervisors be notified of the Council's action. Seconded by Councilman Maclay. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, 1' ount. Nays —None. Notice of Suit against the City of Dubuque, in the sum of $5,000.00, filed by J. W. Kintzinger, attorney for Mahala Davis, on account of per- sonal injuries sustained by her by falling on a cross walk or portion of sidewalk on the East side of 15th Street at a point about 70 or 80 feet east of the N. E. corner of 15th and Maple Streets, on or about August 31st, 1927, presented and read. Councilman Meuser moved that the notice be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. City Solicitor Czizek recommended that the tax sale certificate held by the City on Lot 30, Reche's Sub., be cancelled. This property has an as- sessment levied against it in 1905 amounting to $9.84 plus $2.40 plus 40c, a total of $12.64. Owned by Maynot Accola. Councilman Meuser moved that the recommendation of the City So- licitor be approved and the City Treasurer be instructed to cancel said tax sale certificate. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. There being no further business, Council adjourned. WALTER H. CULLEN, • City Clerk pro -tem. Approved 1927. Adopted 1927. Conncilmen: Attest: City Clerk.