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1926 August Council Proceedings250 Special Session, July 27th, 1926 erty owners, before the Council can issue a permit. No further action taken at this meeting. On the matter of the A. A. Cooper Inc., asking that the City construct a fence on the retaining wall in Cooper Heights. Council will view the grounds. No motion. City Solicitor reported that by de- cree of the Court the tax sale cer- - tificate held by the City against lots 22 and West 1 /2 of lot 21 owned by Kate Rose was ordered cancelled. This was levied against the property in 1894 for the improving of West 14th' Street from Alta Vista Street to Atlantic Avenue and purchased by the City at tax sale Sept. 2, 1921. Councilman Maclay moved that the report of the City Solicitor be approved and the Treasurer be in- structed to concel the tax sale cer- tificate on his books. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. There being no further business, Councilman Meuser moved to ad- journ. Carried. JOHN STUBER, City Clerk. Approved 1926. Adopted 1926. Councilmen Attest: City Clerk. CITY COUNCIL (Official) Regular Session, August 2nd, 1926. Present —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Absent —City Manager Douglas. Council met at 4:30 P. M. Mayor Melchior stated that this is the regular monthly meeting of the Council for the transaction of such business as may regularly come be- fore the meeting. This date was also set for a hear- ing of taxpayers for or against the budget estimate for the fiscal year 1927. NOTICE —The City Council of Dubuque of Dubuque County, Iowa, will meet August 2nd, 1926, at 4:30 P. M., at Council Chamber in City Hall Taxpayers will be heard for or against the following estimate at that time. JOHN STUBER, City Clerk. Expendi- Bal. Income tures on Other Est. Hand Sources Funds 1927 1927 General 254,735.96 None 140,000.00 114,735.96 Grading 34,420.79 None 34,420.79 Improvements 57,367.98 None 57,367.98 Sewer 57,367.98 None 57,367.98 Library 30,275.14 None 30,275.14 Waterworks 175,000.00 None 175,000.00 Light 57,367.98 None 57,367.98 Bonds 137,683.16 None 137,683.16 Fire 80,315.18 None 80,315.18 Other Funds: Fire Imp 17,210.40 None Parks 22,947.20 None Police Pen 3,768.40 None 900.00 Fire Pen 19,705.86 None 900.00 Resolution Whereas, the City Council of the City of Dubuque caused to be pre- pared and published, as provided by law, the Budget Estimate of Ex- penditures for the fiscal year 1927, which estimate was fixed for final hearing and consideration by the City Council for the 2nd day of Aug., 1926, and, Whereas, on said date a public hearing was duly had on said esti- mate, and said estimate, was taken up for final determination by said Council, and no objections having been filed thereto, said estimate was confirmed and approved. Be it further resolved by the City Council of the City of Dubuque that the Budget Estimate heretofore pre- pared and published be and the same is hereby finally approved and the Regular Session, August 2nd, 1926 251 Notice of publication certified to by the publisher that there is hereby fixed and established the budget esti- mate for the fiscal year 1927, and a hearing by taxpayers for or against the following estimate of expendi- tures will be held August 2nd, 1926, presented. There being no remonstrances or objections filed, Councilman Ed. Schremp moved that the notice be received and filed. Seconded by Councilman Meuser. Carried by the fololwing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Taxes to be raised 17,210.40 22,947.20 2,868.40 18,805.86 Expendi- tures of Year 1924 283,872.88 33,038.70 55,064.65 55,064.65 21,303.49 336,634.44 55,064.65 95,307.14 73,820.12 15,820.69 20,452.02 5,104.00 14,028.01 Totals 948,166.03 316,8000.00 631,366.03 1,064,575.44 Estimated taxes per $1,000 of assessed value, $55.00. Expendi- tures for Year 1925 269,271.53 33,355.89 55,593.16 55,593.16 21,351.52 155,341.00 55,593.16 140,675.68 75,836.10 24,514.36 15,987.94 4,842.05 16,159.06 924,114.67 Mayor and Clerk are hereby direct- ed to certify the same to the County Auditor of Dubuque County, Iowa. Be it further resolved that the tax- es required to be collected for the year 1926; be and the same are here- by levied for the various funds in the amounts shown in said Budget Estimate. Passed, adopted and approved this 2nd day of August, 1926. H. G. MELCHIOR, Mayor. EARL YOUNT, JOHN H. MACLAY, W. H. MEUSER, ED. SCHREMPF, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the ad- option of the resolution. Seconded -A Tit —1 252 Regular Session, August 2nd, 1926 by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Tax Levy Resolution. Be it resolved by the City Council of the City of Dubuque; That there is hereby levied a tax for municipal purposes for the en- suing year of 1927, of the following number of mills on the dollar of all taxable property within the corpor- ate limits of said City. 28 mills on the dollar for Consolidated Fund as provided by Section 6217 of the Code of 1924: 2% mills on the dollar for Library Fund. 12 mills on the dollar for the Bond Fund. 7 mills on the dollar for the Fire Fund. 1 /2 mills on the dollar for Fire Im- provement Fund. 2 mills on the dollar for the Park Fund. 1 % mills on the dollar for the Police Pension Fund. 1% mills on the dollar for the Fire Pension Fund. 7 mills on the dollar on all lands or more than 10 acres which shall also in good faith be occupied and used for agricultural and horticul- tural purposes, and all personal property necessary for the use, cul- t_valion of agricultural and horticul- tural lands, for road and library pur- poses. Be it further resolved that all property within the Corporate limits of mid City is within the limits of the benefits and protection of each of such tax levies. Be it further resolved that the Clerk be and he is hereby instruct- ed to certify the sums of money the above tax levies will amount to in money to the County Auditor on or before the 15th day of August, 1926, to be by him placed on the tax list. Passed, adopted and approved this 2nd day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the ad- option of the resolution. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, , men Maclay, Meuser, Schrmpf and Yount. Nays —None Sity Solicitor Czizek presented an ordinance creating a residential dis- trict between 12th Street and 17th Street from Main Street to Bluff Street. After considerable debate on this subject, the City Solicitor stated that the question of a zoning proposition should embrace the en- tire City and that it would take a long time to work this out. No further action for a zoning district was taken at this time. A communication from Paul C. Mathis was then presented and read, stating that Mr. Mathis had sub - mitted plans and specifications to the Building Commissioner for a gas- oline filling station on N. W. corner of 12th and Main Street and that he was advised that he could not be granted a permit, despite the fact that there was nothing in the Code prohibiting the granting of such a permit. Councilman Mouser moved that the rules be suspended for the pur- pose of giving anyone present an op- portunity to address the Council. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Paul Mathis addressed the Coun- cil. He stated that he had bought the property outright and stated fur- ther that had he known of any an- tagonism on the part of the Council in granting the permit he would have chosen another site he had in view. He further informed the Council that in an investigation he had not found many property owners in the near vicinity of the station opposed to the establishment of the gas sta- tion. That he wanted to comply with the laws of the city and had consulted city officials regarding the proposed erection of a station and had been informed that there was nothing in the Code to prohibit the establishment of the station. In conclusion he stated that all he wanted was a just consideration of his application for a building per- mit, in view of the property invest - I ment he had made. Councilmen 1 Yount and Meuser declared that they were not in favor of setting out a certain, small portion of the City as a residential district, but intim- i ated that they would prefer to have the whole city zoned and regulated Regular Session, August 2nd, 1926 as to certain industrial and business areas. Councilman Schrempf and Mayor Melchior stated that there was an element of danger in the establish- ment of the station at this partic- ular point. Action was finally taken, however, in view of circumstances and the purchase of the property be- fore the proposed ordinance was considered by the Council, to allow Mr. Mathis to proceed with the erec- tion of a gas service station. Mr. Mathis stated that he did not intend to put up a so- called "shack" but one of the best and finest sta- tions that could be designed by Min- neapolis architects whom he had look over the grounds. He further stated that he would seek advice from the City Engineer, Manager and other city officials regarding grading and approaches so as to conform with all requirements ' of the City. Mayor Melchior objected strenu- ously against the construction of this station on Main Street, stating that there were too many oil sta- tions in the City now and that he was opposed to so many of the un- sightly one -story shacks in the City and that he was emphatically op- posed to seeinv any on Main Street. Councilman Schrempf moved that the prayer of the petition be grant- ed and Mr. Mathis be issued a per- mit. Seconded by Councilman Yount. Carried by the following vote: Yeas — Councilmen Maclay, Meu- rer, Schrempf, Yount. Nays —Mayor Melchior. Report of Building Commissioner and City Solicitor on the Canfield Hotel controversy. To the Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: The undersigned beg leave to sub- mit their final report relative to the Canfield Hotel controversy which was referred to us by your honor- able body. Conference July 28. On last Wednesday, July 28, 1926, Mr. Pedersen, Engineer for the State Board of Health, came to the city to confer with the Manager and the undersigned and to inspect the ho- tel. We went to the hotel and made a thorough examination of the prem- ises. Mr. Pederseh outlined the changes that would be necessary to be made in order that the building conform to the State Housing Law and the Local Building Commission- er defined the changes that the same conform to the local building Code. The owners of the hotel were present at the conference and agreed 253 to make any alterations or additions that would be necessary to conform to all requirements, both local and state. Subsequent to that meeting and embodying the result thereof, the Building Commissioner has pre- pared a plan and specification which provides in detail for the making of the necessary alterations. A copy of these specifications are attached to this report and an examination of the same will disclose the require- ments. These specifications have been given to the owners of the ho- tel and they have agreed to begin at once to make such alterations as are provided for therein. When these alterations have been made it does not appear to us to be any question but that the hotel will in all respects conform to all local and state regulations. The result of the conference re- vealed the fact that a misunder- standing occurred between the own- ers of the hotel, the architect, Mr. Humphrey, then building commis- sioner, and Mr. Pedersen, regarding the proposed construction of the building at the time that the plans were originally drawn. We believe that this misunderstanding has been the cause of all of the difficulty which has arisen since that time. No one seems to be responsible for the misunderstanding except that all parties concerned admit that a wrong impression was gained when the plans were originally drawn and discussed. We believe that now that the whole matter has been thor- oughly investigated and when the changes are made that are outlined in the specification there should be no further cause for complaint. If you will observe from the specifica- tion these changes are to be made within thirty (30) days commencing with the 3rd day of August. We believe that they can be made with- in that time unless some unforseen thing happens to delay construction. The owners of the hotel have com- menced to do the work at this time and assure the undersigned that it will be pushed to completion as quickly as possible. The specifica- tions attached to this report make it unnecessary for us to discuss the details thereof and the same are at- tached for your information. We re- quest that this report containing the attached specifications be approved. Respectfully submitted, JAS. MAC INERNEY, Building Commissioner. M. H. CZIZEK, City Solicitor. John Quinn, delegate of the Car- penters Union, and J. Lewis, pres- 254 Regular Session, August 2nd, 1926 ident of the Iowa State Federation of Labor, asked to be heard on this matter. Councilman Meuser moved that the rules be suspended to allow any one present to address the Council. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Mr. Quinn was given the floor. He went back to the beginning of con- struction work and spoke of the steel bolting construction instead of riveting as they insisted upon. Un- ion men of the city, Mr. Quinn de- clared, believe that Canfield is get- ting the best of it. The first build- ing commissioner said that change would be made in the riveting con- troversy, but that nothing had ever been done. Then the matter was taken up with the Council and without action. Mr. Quinn then went further to state that he had kicked on the sec- tion of the building code which pro- vides for wire glass and metal sash. He told the Council that he had heard nothing from that objection. He then brought up the stairway proposition on which count the City had closed the building. At this stage he read two letters from the Chief Sanitary Engineer of the state, one to the City Manager and anoth- er to F. A. O'Connor, counsel for the hotel owners. Mr. Quinn also charged that some members of the Council tried to get the building opened. He said that the building was again opened after the City Manager had been advised that the hotel could be reopened if immediate steps were taken to in- stall stairways and comply with the building code. To date, he said, the owners of the hotel have not taken steps to put in a stairway. The state law puts it up to the Manager to enforce the laws. Mr. Quinn also declared that Can- field, Sr., had met him on the street and gave him the merrry "ha -ha" when steel work was going on at the structure. He charged that the ho- tel owners knew he would not be compelled to abide by the Code. Following the reading of the let- ters Mr. Quinn charged that at the time the letters were written the Manager was trying to get the hotel opened. He also accused the Coun- cil of holding a star chamber ses- sion with the Building Commissioner and hotel owner in the office of the Building Commissioner on opening up the building. This was hotly de- nied by Mayor Melchior, who inter- rupted to state that the Council had been called into the office of the Building Commissioner to look over several letters and plans and specif- ications of the building. "We claim that we are not getting a square deal," Mr. Quinn declared. "Fair contractors cannot compete with this contractor if he is allowed to avoid the law. I do not believe you gentlemen can say we are get- ting a square deal after hearing the two letters which I have just read." William Canfield then addressed the Council stating that there was no contract for the erection of the building, only one for labor. He stated that the contractor had no object in avoiding the law as he had nothing to gain. Mr. Canfield told the Council that union labor was employed as far as possible. This was denied by Mr. Quinn. K. C. Lewis, representative of the State Federation of Labor, then ad- dressed the Council. He refuted charges to the effect that Mr. Quinn was the man responsible for all the trouble and controversy in connec- tion with the building of the hotel. He stated emphatically that if such were the case he would not be in the city. That he came to Du- buque as a representative of all the organized labor union of the city. Councilman Meuser moved that the matter be again referred to the City Solicitor and the Building Com- missioner to get a written statement from State Engineer Pedersen veri- fying the report of the City Solicitor and Building Commissioner and rec- ommendations made by him in refer- ence to the general plan. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays — Councilman Yount. Report of City Solicitor on the petition of Frank Heintz, referred to him at a previous meeting for inves- tigation and report. Gentlemen: The Council referred to me the claim of Frank Heintz, owner of Mineral Lot 14, in the City of Dubuque, for an exemption of general corporation tax on his prop- erty consisting' of more than 10 ac- res. I beg to report that I have examined into the matter and find his petition is true and should be granted. I would therefore recommend that the City Clerk instruct the County Treasurer to accept in full of all city taxes levied for the year 1925, Special Session, the sum of $4.73 which is 7 mills on an assessed valuation of $675.00. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Schrempf moved that the report of the City Solicitor be approved and carried out as recom- mended. Seconded by Councilman Mouser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Mr. Ludwig, representing the Mac - abees, Tent No. 24, addressed the Council and presented a petition signed by more than 75 per cent of the property owners abutting Olin- ger Park, stating that they have no objections to the Macabees holding a Carnival in said park from August 16th to 21st. Councilman Schrempf moved that the prayer of the petition be grant- ed. Seconded by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays — Councilman Maclay. Not voting — Councilman Yount. Whereupon Mayor Melchior de- clared the motion carried. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1926. Adopted 1926. Councilmen Attest' City Clerk. August 9th, 1926 255 CITY COUNCIL (Official) Special Session, August 9th, 1926. Meeting called by order of Mayor Melchior, Councilman Schrempf. Council met at 4:30 P. M. President —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser, Schrempf, Yount. Absent —None. Mayor Melchior read the call and stated that notices thereof had been duly made and accetped. Following is the call: To Councilman John Maclay. Cou are hereby notified and there is hereby called a special meeting of the City Council of the City of Du- buque, Iowa, to be held on the 9th day of August, 1926, at 4:30 P. M., at the Council Chamber in the City Hall. At this meeting there will be taken up for final consideration and passage, an Ordinance entitled, An Ordinance providing for an annual tax for the purpose of defraying the cost of constructing grading im- provements in the City, and declar- ing an emergency; and also a reso- lution entitled, A Resolution provid- ing for the issuance of bonds in the sum of $75,000.00 for the purpose of defraying the cost of grading im- provements"; and also an Ordin- nace entitled, "An Ordinance provid- ing for an annual tax for the pur- pose of defraying the cost of con- structing street improvements in the City, and declaring an emerg- ency"; and also a Resolution en- titled, "A Resolution providing for the issuance of bonds in the sum of $275,000.00 for the purpose of defray- ing the cost of Street improve- ments"; and for the transaction of such other business as may properly come before a regular meeting of the Council. Councilman Maclay moved that the rules requiring an Ordinance to be read on three separate days be suspended. Seconded by Council- man Count. Carried by the follow- ing vote: Ceas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Ordinance No. 176, providing for an annual tax for the purpose of de- fraying the cost of constructing grading improvements in the City and declaring an emergency, having passed first and second reading, July 27th, 1926, was read a third time. -n • Special Session, August for the purpose of defraying the cost of constructing grading improve- ments in the City, and declaring an emergency," and the tax thereby levied is hereby pledged, and when collected shall be used only for the payment of the bonds hereby auth- orized. Section 2. That bonds of said City, in the amount of Seventy -five Thousand Dollars ($75,000.00) be is- sued in anticipation of the collection of said grading fund taxes pursuant to the provisions of Chapter 320 0,, the Code of Iowa, 1924; that each of said bonds be designated as a "City Grading Bond," be one hundred twenty -five (125) in number, num- bered from 1 to 125 inclusive, be dated .July 1, 1926, bear interest at the rate of four and one -half per centum (4 per annum from the date of said bonds until payment thereof, payable May 1, 1927, anti, semi- annually thereafter on the first. days of May and November in each year; that said bonds be signed by the Mayor and attested by the City Clerk and the seal of said City be attached, and be registered by the City Treasurer, and a certificate of registration endorsed thereon; that interest on said, bonds be evidenced by coupons thereto attached and ma- turing on the several days when such interest matures, such coupons to be executed with the facsimile signatures of said Mayor and City Clerk, and said officials, by the exec- nation of said bonds, shall adopt as and for their own proper signatures, their respective facsimile signatures appearing on each of said coupons, ad that both principal and interest be payable at the office of the City Treasurer in the City of Dubuque, State of Iowa; that bonds number 1 to 24 inclusive be of the denomina- tion of One Thousand Dollars ($1,000.00) each, and bonds number 26 to 125 inclusive be of the denom- ination of Five Hundred Dollars $500.00) each; said bonds shall be- come due and payable in numerical order, $15,000 on the First day of November of each of the years 1923 to 1937 inclusive. Section 3. The bonds hereby auth- orized shall be in form substantially sa follows: (Form of Bond). United States of America State of Iowa County of Dubuque City of Dubuque CITY GRADING BOND No $ I {now All Men by These Presents: That the City of Dubuque in the f County of Dubuque, State of Iowa, for value received, promises to pay 9th, 1926 257 to bearer Dollars ($ ) lawful money of the United States of America on the First day of November, 19 , with interest on said sum from the date hereof until paid, at the rate of Four and One -Half per cent (41/2%) per annum, payable May 1, 1927, and semi - annually thereafter on the first days of May and November in each year, upon presentation and surren- der of the interest coupons hereto attached, both principal and interest payable at the office of the City Treasurer in the City of Dubuque, Iowa. This bond is one of a series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the provisions of Chapter 320 of the Code of Iowa, 1924, and all laws amendatory thereof and supple- mentary thereto, and in conformity with a resolution of the Council of said City duly passed on the 9th day of August, 1926, and approved and r ecorded for the purpose of defray- ing the construction of grading im- provements in said City. And it is hereby certified and re- cited that all acts, conditions and things required by the laws and Con- stitution of the State of Iowa to ex- ist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in regular and due form and time; and that this bond and interest hereon are payable ex- clusively from the proceeds of a suf- ficient continuing annual tax, which has been duly levied on all the tax- able property within said City, and is pledged solely for the payment of the principal and interest of said se- ries of bonds and does not exceed the rate authorized by law; that the faith, credit, revenues and resources and all the real and personal prop- erty of said City are irrevocably pledged for the regular and due col- lection and proper application of said tax; and that the total indebted- ness of said City, including this bond, does not exceed the constitu- tional or statutory limitations of in- debtedness or taxation. In Testimony Thereof, said City, by its Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk, with the seal of said City affixed and the cou- pons hereto attached to be executed with the facsimile signatures of said Mayor and City Clerk, and said of- ficials, by the execution of this bond, do adopt as and for their own proper signatures their respective fac- simile signatures appearing o n said 9 ti I II 1 Ili 4• 256 Special Session, Ordinance Number 176. AN ORDINANCE providing for an annual tax for the purpose of de- fraying the cost of constructing grading improvements in the City, and delaring an emergency. Whereas, The City of Dubuque, in the County of Dubuque, and State of Iowa, heretofore, pursuant to and in strict compliance with all laws ap- plicable to said City, lawfully order- ed the construction of grading im- provements in said City, the cost thereof to the amount of Seventy - five Thousand Dollars ($75,000.00) to be borne by the City of Dubuque and to be paid from a tax levied on all the taxable property within said City, and it is now advisable to make provision with respect to the levying of said tax; Now, Therefore, Be It Ordained, by the City Council of the City of Dubuque: Section 1. That in pursuance of Paragraph 1 of Section 6211 of the Code of Iowa, 1924, and subject to the amounts necessary for prior pledges there shall be and there is hereby levied and there shall be as- sessed and collected a direct annual tax upon all the taxable property within said City of three (3) mills on the dollar (or such portion there- of as may be necessary) upon said taxable property sufficient to pro- duce the net annual sums as herein- after provided: Year of levy. Amount. 1926 $ 4,500.00 1927 3,375.00 1928 3,375.00 1929 3,375.00 1930 3,375.00 1931 3,375.00 1932 18,375.00 1933 17,700.00 1934 17,025.00 1935 16,350.00 1936 15,675.00 Section 2. Said taxes shall be col- lected each year at the same time and in the same manner, and in ad- dition to all other taxes in and for said City, and when collected shall be converted into a special fund which is hereby pledged for and shall be used only to pay the por- tion of the cost of constructing grad- ing improvement, or to pay the prin- cipal and interest of bonds issued therefor. Section 3. That a certified copy of this ordinance be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of the years 1926 to 1936 inclusive to levy and assess the tax hereby authorized. August 9th, 1926 Section 4. That all ordinances or resolutions or parts thereof in con- flict herewith be and the same are hereby repealed. Section 5. That it is hereby found and declared that an emergency ex- ists and that it is necessary for the immediate preservation of the pub- lic peace, health and safety that this ordinance become effective upon its passage, approval and publication, and it is so ordered. Passed and approved August 9th, 1926. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H.I MEUSER, ED. SCHREMPF, EARL YOUNT, Attest: JOHN STUBER, City Clerk. Recorded August 10th, 1926. I t blished August 10th, 1926. JOHN STUBER, City Clerk. 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, Yount. Nays —None. Whereupon the Mayor declared the Ordinance adopted. RESOLUTION providing for the is- suance of bonds in the sum of $75,000 for the purpose of defray- ing the cost of grading improve- ments. Mhereas, The City of Dubuque, in the County of Dubuque, State of Iowa, has heretofore, pursuant to and in strict compliance with all laws applicable to said City, law- fully ordered the construction of grading improvements in said City; and Whereas, The cost of said im- provements to the amount of seven- ty -five Thousand Dollars ($75,000.00) is to be paid by said City, and it is now advisable to make provision for said payment; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the cost of con- structing grading improvements in said City, to the amount of Seventy - five Thousand Dollars ($75,000.00) is hereby ordered paid from the pro- ceeds of City Grading Bonds of said City issued in anticipation of the collection of a grading fund tax heretofore levied by an ordinance entitled "Ordinate No. 176, An Or- dinance providing for an annual tax 258 Special Session, August 9th, 1926 coupons, all as of the First day of July, 1926. Attest: Clerk of the City of Dubuque, Iowa. (Form of Coupon) No On , 19 , the Treasurer of the City of Dubuque, Dubuque County, I will pay to bearer Dollars ($ ) at the office of the City Treasurer, Dubuque, Iowa, for semi- annual interest due that date on its City Grading Bond, dated July 1, 1926. No. Attest: Mayor of the City of Dubuque, Iowa. Mayor of the City of Dubuque, Iowa. Clerk of the City of Dubuque, Iowa. On the back of each bond, there shall be endorsed a certificate o f the City Treasurer in the following form: (Form of City Treasurer's Certificate) CITY TEASURER'S CERTIFICATE. This bond duly and properly regis- tered in my office as of the First day of July, 1926. Treasurer of the City of of Dubuque. Section4. That when said bonds have been executed, as aforesaid, they shall be delivered to the Treas- urer of said City wh shall register the same in a book provided for that purpose and shall thereupon deliver said bonds to the purchasers as may hereafter be determined by this Council, upon receipt of the pur- chase price, the same to be not less than the par value of said bonds with accrued interest thereon. Section 5. That the principal and interest falling due at any time when there are insufficient funds to pay same, be paid promptly when due from current funds on hand and reimbursement be made to such cur- rent funds in the sums thus ad- vanced when the taxes herein pro- vided shall have been collected. Section 6. That all resolutions or part thereof in conflict herewith be and the same are hereby repealed. Passed and approved this 9th day of August, 1926. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H. MEUSER, ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. - Recorded August 10th, 1926. JOHN STUBER, City Clerk. Councilman Maclay moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Councilman Maclay moved that the rules requiring an ordinance be read on three separate days. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Ordinance No. 177 having passed first and second reading, July 27th, 1926, was read a third time. Ordinance Number 177. AN ORDINANCE providing for an annual _tax for the purpose of de- fraying the cost of constructing street improvements in the City, • and declaring an emergcny. Whereas, The City of Dubuque, in the County of Dubuque, and State of Iowa, heretofore, pursuant to and in strict compliance with all laws ap- plicable to said City, lawfully order- ed the construction of street im- provements in said City, the cost thereof to the amount of Two Hun- dred Seventy -five Thousand Dollars ($275,000) because of deficiencies in assessments and for plats and sched- ules as provided by law and for the construction, reconstruction and re- pair of street improvements at inter- sections and one -half the cost at in- tersections not crossing, and for spaces opposite property owned by the City and by the United States and for the purchase price of prop- erty purchased at tax sale, all of which is to be borne by the City of Dubuque and to be paid from a tax levied on all the taxable property within said City, and it is now advis- ableto make provision with respect to the levying of said tax: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That in pursuance of Paragraph 3 of Section 6211 of the Code of Iowa, 1924, there shall be and there is hereby levied and there shall be assessed and collected a di- rect annual tax upon all the taxable property within said City of five (5) mills on the dollar (or such portion thereof as may be necessary) upon said taxable property sufficient to produce the net annual sums as hereinafter provided: Year of levy. Amount. 1926 $16,500.00 1927 12,375.00 1928 12,375.00 1929 12,375.00 1930 12,375.00 1931 12,375.00 1932 12,375.00 1933 12,375.00 1934 12,375.00 1935 12,375.00 1936 42,375.00 1937 41,025.00 1938 39,675.00 1939 38,325.00 1940 36,975.00 1941 30,625.00 1942 29,500.00 1943 28,375.00 1944 27,250.00 1945 25,562.50 Section 2. Said taxes shall be col- lected each year at the same time and in the same manner, and in ad- dition to all other taxes in and for said City, and when collected shall be converted into a special fund which is hereby pledged for and shall be used only to pay the portion of the cost of constructing street im- provements or to pay the principal and interest of bonds issued there- for. Section 3. That a certified copy of this ordinance be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of the years 1926 to 1945 inclusive to levy and assess the tax hereby authorized. Section 4. That all ordinances or resolutions or parts thereof in con- flict herewith be and the same are hereby repealed. Section 5. That it is hereby found and declared that an emergency ex- ists and that it is necessary for the immediate preservation of the pub- lic peace, health and safety that this ordinance become effective upon its passage, approval and publication, and it is so ordered. Passed and approved August 15th, 1926. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, W. H. MEUSER, ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Recorded August 10th, 1926. Published August 10th, 1926. JOHN STUBER, City Clerk. Special Session, August 9th, 1926 259 Councilman Maclay moved the adoption of the Ordinance. Second- ed by Concilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Whereupon the Mayor declared the Ordinance adopted. RESOLUTION providing for the is- suance of bonds in the sum of $275,000 for the purpose of defray- ing the cost of street improve- ments. Whereas, The City of Dubuque, in the County of Dubuque, State of Iowa, has heretofore, pursuant to and in strict compliance with all laws applicable to said City, lawfully ordered street improvements in said City; and Whereas, The cost of said im- provement to the amount of Two Hundred Seventy -five Thousand Dol- lars ($275,000) is to be paid by said City, and it is now advisable to make provision for said payment; Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, as follows: Section 1. That the cost of con- structing street improvements in said City, to the amount of Two Hundred Seventy -five Thousand Dol- lars ($275,000) is hereby ordered paid from the proceeds of City Im- provement Bonds of said City issued in anticipation of the collection of an improvement fund tax heretofore levied by an ordinance entitled "Or- dinance No. 177, An Ordinance pro- viding for an annual tax for the pur- pose of defraying the cost of con- structing street improvements in the City, and declaring an emergency," and the tax thereby levied is hereby pledged, and when collected shall be used only for the payment of the bonds hereby authorized. Section 2. That bonds of said City, in the amount of Two Hundred Seventy-five Thousand Dollars ($275,000) be issued in anticipation of the collection of said improve- ment fund taxes, pursuant to the provisions of Chapter 320 of the Code of Iowa, 1924; that each of said bonds be designated as "City Improvement Bond," be Two Hun- dred Seventy -five (275) in number, dated July 1, 1926, bear interest at the rate of four and one -half per centan (4 per annum from the date of said bonds until payment thereof, payable May 1, 1927, and semi - annually thereafter on the first days of May and November in each year; that said bonds be signed by the Mayor and attested by the City Clerk and the seal of said City be (Form of City Treasurer's Certificate) This bond duly and properly regis- tered in my office as of the First day of July, 1926. Treasurer of the City of Dubuque, Iowa. Section 4. That when said bonds have been executed, as aforesaid, they shall be delivered to the Treas- urer of said City who shall register the same in a book provided for that purpose and shall thereupon deliver said bonds to the purchasers as may hereafter be determined by this Council, upon receipt of the pur- chase price, the same to be not less than the par value of said bonds with accrued interest thereon. Section 5. That the principal and interest falling due at any time when there are insufficient funds to pay same, be paid promptly when due from current funds on hand and re- imbursement be made to such cur- rent funds in the sums thus ad- vanced when the taxes herein pro- vided shall have been collected. Section 6. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Passed and approved August 9th, 1926. H. G. MELCHIOR, Mayor. JOHN A. MACLAY, WM. H. MEUSER, ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Recorded August 10th, 1926. JOHN STUBER, City Clerk. 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, Yount. Nays —None. Notice of publication, certified to by the publisher, that there will be conducted a hearing on the plans, specifications and form of contract for the construction and installation of pumping equipment at Eagle Point Pumping Station, and construction of a Stand Pipe on Delhi Street. There being no Written objections or remonstrances filed, Councilman Meuser moved that the notice be re- ceived and filed. Seconded by Coun- cilman Maclay. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Special Session, August 9th, 1926 261 Nays —None. Councilman Schrempf moved that the rules be suspended to allow any- one present to address the Council. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Merrill Chapman et al addressed the Council objecting to the location of the Stand Pipe and asked the Council to construct this on some other hill, stating that the Stand Pipe darkens their homes and that there is danger on account of crev- ices underenath this location, of a cave -in, and furthermore it deprec- . iates the value of their homes. Su- perintendent John W. McEvoy, of the Water Works, stated in answer to these objections that this is the highest and therefore the best loca- tion for said Stand Pipe in the City, and assured the remonstrators that there is not the slightest danger of a cave -in. There was no further ac- tion taken on these verbal remon- strances. Bids were presented for the above work. Action on the bids for the new Stand Pipe and for the new Centri- fugal Pump for the Eagle Point Pumping Station was deferred by the Council until Burns & McDonald, Kansas City, consulting engineers who prepared plans for the new pump and standpipe, made a recom- mendation regarding the awarding of the contracts. The bids will be forwarded to the Kansas City firm immediately, City Manager C. E. Douglas informed the Council, and a report will be ready for the Council next week. The Pittsburgh Des Moines Steel Company entered the low bids for the erection of the new standpipe and for the repairing and repaint- ing of the old standpipe. Low bid for the pump was entered by the Sword Brothers Company. The Pittsburgh Des Moines Com- pany entered a bid of $17,333 for the construction of the new standpipe alone. If they are also awarded the contract for repairing and sandblast - g the old standpipe, their bid for repairing and sandblasting the. old standpipe is $1.50 per hour per man for labor or repairing and $1,950 for sandblasting. The only other bidder for the new standpipe is the Chicago Bridge and Iron Works. Their bid for the new standpipe is $17,940 and their bid for repairing the old standpipe , is cost plus 15 per cent, while their II 260 Special Session, August 9th, 1926 attached, and be registered by the City Treasurer, and a certificate of registration endorsed thereon; that interest on said bonds be evidenced by coupons thereto attached and ma- turing on the several days when such interest matures, such coupons to be executed with the facsimile signatures of said Mayor and City Clerk, and said officials, by the exec- ution of said bonds, shall adopt as and for their own proper signatures, their respective facsimile signatures appearing on each of said coupons, and that both principal and interest be payable at the office of the City Treasurer in the City of Dubuque, State of Iowa; that said bonds be of the denomination of One Thousand. Dollars ($1,000) each, be numbered consecutively from 1 to 275, both numbers included, become due and payable in numerical order, $30,000 on the First day of November of each of the years 1927 to 1941 inclusive, $25,000 on the First day of Novem- ber of each of the years 1942 to 1945 inclusive, and $25,000 on. May 1, 1946. Section 3. The bonds hereby auth- orized shall be in form substantially as follows: (Form of Bond) United States of America State of Iowa County of Dubuque CITY OF DUBUQUE CITY IMPROVEMENT BOND No. $1,000 Know All Men by These Presents: That the City of Dubuque, in the Couty of Dubuque, State of Iowa, for value received, promises to pay to bearer One Thousand Dollars ($1,000) lawful money of the United States of America on the First day of , 19 , with in- terest on said sum from the date hereof until paid, at the rate of Four and One -half Per Cent (4 %) per annum, payable May 1, 1927, and semi- annually thereafter on the first days of May and November in each year, upon presentation and surren- der of the interest coupons hereto attached, both principal and interest payable at the office of the City Treasurer in the City of Dubuque, Iowa. This bond is one of a series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the provisions of Chapter 320 of the Code of Iowa, 1924, and all laws amendatory thereof and supplemen- tary thereto, and in conformity with a resolution of the Council of said City duly passed on the 9th day of August, 1926, and approved and re- corded, for the purpose of defraying the construction of street improve - mets in said City. And it is hereby certified and re- cited that all acts, conditios and things required by the laws and Con- stitution of the State of Iowa to ex- ist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in regular and due form and time; and that this bond and interest hereon are payable ex- clusively from the proceeds of a suf- ficient continuing annual tax, which has been duly levied on all the tax- able property within said City, and is pledged solely for the payment of the principal and interest of said se- ries of bonds and does not exceed the rate authorized by law; that the faith, credit, revenues and resources ad all the real and personal property of said City are irrevocably pledged for the regular and due collection and proper application of said tax; and that the total indebtedness of said City, including this bond, does not exceed the constitutional or sta- tutory limitations of indebtedness or taxation. In Testimony Whereof, said City, by its Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk, with the seal of said City affixed and the cou- pons hereto attached to be executed with the facsimile signatures of said Mayor and City Clerk, and said offic- ials, by the execusion of this bond, do adopt as and for their own proper signatures their respective facsimile signatures appearing on said cou- pons, all as of the First day of July, 1926. Attest: Clerk of the City of Dubuque, Iowa. (Form of Coupon). , 19 , the Treasurer of the City of Dubuque, Dubuque Couty, Iowa, will pay to bearer Dollars ($ ) at the office of the City Treasurer, Dubuque, Iowa, for semi- annual interest due that date on its City Improvement Bond, dated July 1, 1926. No No On Attest: Mayor of the City of Dubuque, Iowa. Mayor of the City of Dubuque, Iowa. Clerk of the City of Dubuque, Iowa. On the back o'f each bond, there shall be endorsed a certificate of the City Treasurer in the following form: 262 Special Session, August 9th, 1926 bid for sandblasting the old stand- pipe is $2,150. Bids submitted for the new pump at the Eagle Point station were as follows: 4,200 5,000 Firm. Gal. Gal. American Well Works $7,455 $7,560 Allis- Chalmers Co 6,775 7,179 Dayton -Dowd Co. 5,570 6,085 Sword Brothers 4,635 5,146 Resolution WHEREAS, plans and specifica- tions and form of contract have been prepared for the construction and installation of pumping equip- ment, foundation and pipe line con- nections at Eagle Point Pumping Station, and the construction of a stand pipe on Delhi Street, all in connection with the operation of the water works of the City of Dubuque, and the estimated cost of such con- struction is $37,070.00; NOW, THEREFORE, Be it re-. solved by the City Council of the City of Dubuque that such plans qnd specifications and form of contract be and the same are hereby ap- proved. Be it further resolved that this Council meet on the 9th day of Aug- ust, 1926, at 4:30 o'clock P.. M., in the Council Chamber of said City for the purpose of hearing any ob- jections which may be filed to said proposed plans and specifications, form of contract and cost of the im- provements and the City Clerk be and he is hereby directed to pub- lish a notice in the official news- papers of said City of Dubuque stat- ing the time and place of said hear- ing. Passed, adopted and approved this 27th day of July, 1926. H. G. MELHCIOR, . Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved that the resolution be finally approved and adopted. Seconded by Council- man Maclay. Carried by the fol- lowing 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: Responding to your request for further information re- garding the rights of the various railroads operating in the City of Dubuque under grants contained within ordinances adopted by the City Council at various times, I beg to advise you that I have made an examination of all of the different ordinances as the same applies to the railroads particularly with re- ference to the proposition relating to the switching of cars transported by railroads other than the one to whom the grant is given, and find the situation to be as follows: Wherever a railroad was given the right to construct a track over and across or upon a street the Council inverably provided, as a condition to the grant, that such railroads be required to switch the cars of other railroads upon such track and ex- act a charge for such service. In most instances this charge was fixed at not to exceed $2.00 per car which was to be paid to the road render- ing the service. Some of the ordin- ances provided that where the charge could not be agreed upon be- tween the various railroads the mat- ter was to be determined by the City Council. In all of these grants the railroad which constructed the track was given the right to switch the cars of other railroads and no other railroad has the right to use its own engines with which to switch its cars upon the tracks of the railroad owning the same. This rule is uniform throughout all of the ordinances and applies to every railroad operating in the City. The only exception to this rule is the one which applies to the Illinois Central Tracks as they are operated on Jackson and Washington Streets. When the Illinois Central origin- ally received its grant for the use of these streets the Council had written into the ordinance the pro- vision that other roads would be permitted to use their own engines in switching cars over these tracks but such railroads were required to pay the Illinois Central a uniform charge for such right. No doubt the Council felt that there was a special reason why such a provision should prevail on these tracks. The tracks are so located that other rail- roads can use them and the amount of freight which is shipped to be un- loaded from these tracks is very large and varied in character. These are team tracks also from which loading and unloading is permitted. This would make a difference and furnish a reason why these tracks should be used jointly by all of the Special Session, raillroads. I know that these were some of the things which the Coun- cil considered when it consolidated all of the different grants to the Illinois Central on Jackson and Washington Streets by the passage and adoption of a single ordinance. With reference to all other grants each road switches the cars of other roads with its own engines and ex- acts a uniform charge for such ser- vice. No different situation exists with reference to the recent grants to the Chicago Burlington and Quin- cy Railroad as the same are con- structed or to be constructed in the neighborhood of the Quality Oil Company and Rainbo Oil Company. Another matter that might be worth considering in connection with the use of these tracks by other rail- roads is the facts that these tracks are so located that other railroads with a possible exception of the Ill- inois Central could not switch onto them. The tracks are so located that other roads have no connection with them and it would be more or less futile to permit other roads to use these tracks when there isn't any prospect of their being able to do so. I just refer to this matter because I think an examination of the premises would bear out this statement. Trusting this is the information which you have requested the same is hereby respectfully submitted. M. H. CZIZEK, City Solicitor. Councilman Meuser moved that the report be approved and placed on file. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Report of City Solicitor Czizek and Building Commissioner MacIn- erny on the Hotel Canfield contro- versy: After reading the letter of the state engineer, Mr. Czizek presented to the Council the report of himself and the building commissioner, rela- tive to their action on the matter. The report is as follows: "To the Honorable Mayor and City Council of the Cty of Dubuque: "Gentlemen: Supplementing the report which we made to your hon- orable body on August 2, 1926, rela- tive to the Canfield Hotel controver- sy, we hereby submit a further re- port in said matter. "At the meeting of this Council August 9th, 1926 263 held on August 2, some question arose as to whether the plans and specifications relative to changes and alterations required to be made by the building commissioner in the construction of the fireproof addi- tion to said hotel had been orally agreed to and approved by H. V. Pedersen, sanitary engineer in charge of the administration of the state housing law. The under- signed were directed by this Coun- cil to communicate with Mr. Ped- ersen and submit to him such plans and specifications and ascertain his attitude regarding the same. On August 3 the undersigned wrote to Mr. Pedersen and also sent to him a copy of these plans and specifica- tions and requested him to endorse his approval or disapproval thereon. On Saturday, August 7, the under- signed received a letter from Mr. Pedersen in which he stated that when the alteration and changes will have been made in accordance with the plans and specifications sub- mitted to him said building would conform to the spirit of the housing law, said letter is hereto attached and made a part of this report. He returned the plans and indicated his approval thereon, said plans being hereto attached and made a part hereof. The letter from Mr. Pedersen which is attached to the report of the solicitor and building commis- sioner, as follows: "Dear Mr. Czizek: "I am returning the copy of the plans of the proposed addition to the Canfield Hotel approved with explanatory notes. "I have always prided myself on being a man of my word, and I re- sent it when anyone intentionally or unintentionally misquotes me. I have on several occasions, and I be- lieve in your presence, stated that I did not consider myself enough of a lawyer to say whether or not the proposed addition to the Canfield Hotel would meet the exact letter of the law, but that I did believe it to be correct and satisfactory from an engineering standpoint and that it would be in accordance with the spirit of the law and that I would approve of the improvement as such. I trust you will understand what I have attempted to say here and that you will in the future dis- regard any statements that I have been supposed to have made from hearsay unless you see such state- ments in writing. • 264 Special "In connection with the proposed addition, I wish to say that the local inspector should carefully inspect the old brick wall which is to be utilized as the north wall stair well. If upon inspection this wall is con- sidered unsafe for any reason it should be disregarded and a new wall built to the south of it to take its place. "I wish to make it plan that the approval of this plan does not in- clude the strength of the material. The matter of the strength of ma- terial and all construction features are left to the jurisdiction of the local official. Our approval simply, means that, it is opinion that when this stair is built the new Canfield Hotel addition will have two separ- ate and individual means of egress and that the spirit of the housing code will have been complied with. "Please send me a copy of this plan for my office files as I am re- turning the one sent me with a stamp of approval on it. Yours very truly, H. V. PEDERSEN. Mr. Pedersen's letter was sent at the request of Mr. Czizek, who was requested by the Council to request a signed approval of the hotel plans. This action was taken by the Coun- cil after J. C. Lewis, state president of the Federation of Labor, had ap- peared at the last meeting of the Council and alleged that Mr. Peder- sen spoke to him in Des Moines in terms which seemed hardly in ac- cordance with his speech and policy in Dubuque. Mr. Lewis alleged that Mr. Peder- sen said that he would not take any responsibility for the annex con- struction, even with the prescribed changes installed, as it was not in compliance with the law. It was then that the Council in- structed Mr. Maclnerny and Mr. Czizek to require from Mr. Pedersen a written confirmation of his state- ments to city officials in Dubuque. "You will observe that in Mr. Ped- ersen's letter he stated that the building commissioner should make an examination of the old brick wall which is to be utilized as the north wall stair wall and if the same is found to be in a safe condition the construction of the stairway in that location would be satisfactory. The building commissioner wishes to ad- vise your honorable body that he has made a careful examination of said wall and finds the same to be safe and proper in all respects and it will furnish an adequate protec- drawn and submitted for approval. The building was constructed on the presumption that the plans were sat- isfactory to all concerned. This be- ing true we do not believe that the owners of the hotel should now be penalized for this misunderstand- ing. "Another important consideration has been that we find no provision in the state housing law which re- quires, even by implication, that this building be closed pending the con- struction of these improvements, there being nothing in the law which defines the occupancy of a building before final completion as unlawful. We proceeded then to an examina- tion of the local building code. By the terms of this code the building commissioner is the only official clothed with the power and duty to enforce its various provisions. In the administration of his department he has been vested with a certain amount of discetion. Such discre- tion can be exercised with reference to the occupancy of a structure be- fore final completion or inspection. We refer the Council to section 12 chapter 2 pages 1 land 12 of the Building Code. Omitting matters not relevant to an examination of this question we quote therefrom the fol- lowing: " `Buildings of this and all other kinds shall be finally inspected when ready for occupancy of which fact the building commissioner shall be notified and if found to be in com- pliance with the provisions of this Code, certicate reciting such fact shall be issued, and if not, the build- ing commissioner shall prescribe any changes or alterations neces- sary to such compliance, pending the making of which and the issu- ance of the certificate of compliance any occupancy of the premises or any part thereof without the writ- ten consent of the building commis- sioner shall be unlawful.' "This is the only place in this code or anywhere else that we can find where the matter of closing a building pending final completion is discussed but you will observe that in this provision the language used plainly gives the building commis- sioner the power to consent to the occupancy of the building before the same has been fully completed or finally inspected. When this power is exercised there is no violation of the code. In the notice heretofore referred to as having been given -to the owners of the hotel, the building commissioner has specially author- Special Session, August 9th, 1926 265 ized the occupancy of the hotel pend- ing final completion. "In issuing this order the under- signed believed that all the circum- stances herein stated justified the same. We believe that an impartial examination of the premises will support this decision. We regret very much the personal element which has been injected into this controversy. We believe that it is our duty as officials of the city, to decide this matter independent of partisan opinion or influence. "We have been concerned only with administration of the law of the state and local ordinances and the impartial enforcement of the same in the light that we are able to interpret them. We trust our ac- tion meets with your approval. if it does we request that this report and the one -submitted on August 2 be approved." Respectfully submitted, JAMES MacINERNY, Building Commissioner. M. H. CZIZEK, City Solicitor. When Mr. Czizek finished reading the report to the Council, Council- man Yount remarked that Mr. Ped- ersen had said nothing about al- lowing the building to be occupied, while the changes were being made and until they were completed. Mr. Czizek replied that under the law, Mr. Pedersen had not the slightest authority to make such a ruling Mr. Yount then reminded the Council that the building commis- sioner had formerly refused permis- sion to open the hotel because of absence of a fire escape and other necessary features. He intimated that to approve the report and allow the hotel to open would be incon• sistent on the part of the Council. Councilman Maclay moved that the reports of City Solicitor Czizek and Building Commissioner MacIn- erny on the Canfield Hotel Controver- sy, be approved. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf Nays — Councilman Yount. To Canfield Hotel Company, City. Geutleir.en: You are hereby noti- fied that the alterations and changes as shown in the plans and specifi- cations heretofore Submitted to you by me are required to be made by you within thirty (30) days from the date hereof in order to conform the fire proof structure to the State f If Session, August 9th, 1926 tion to the stairway proposed to be constructed. "You will likewise observe that Mr. Pedersen left the matter of the strength of the materials which will go into the construction of the im- provements to the inspection of the building commissioner and said offi- cial assures your Honorable Body that the materials which he has pre- scribed will be of the best quality and he will see to it that they are furnished. "The plans and specifications for the alteration and additions having now been approved by the aforesaid official and by the local building commissioner, said bulding commis- sioner has instructed the owners of the Canfield Hotel to proceed with the improvements in conformity therewith a copy of said notice is hereto attached and made a part hereof. "We now come to the question of whether the hotel should be operat- ed while said improvements are be- ing made. We beg to advise you that this matter has received our serious consideration. Many matters enter- ed into our examination of this situ - tion which influenced the result fin- ally arrived at. In the first place the new addition is a complete fire proof structure. It has an up to date approved fire escape attached to the south wall and all rooms in the building have convenient access thereto. Separating the fire proof structure from the old part of the hotel there has been installed a sys- tem of fire doors of standard con- struction. Considering the size of the hotel and the number of rooms being occupied we feel that there is very little danger to the patrons of _ the hotel from any fire which might originate in the old building and in view of the construction as it exists there now we believe that the new addition is practically separated and isolated from the old building. If, on the other hand, a fire should occur in the old building the fire escape would furnish an adequate means of egress from the new building and the fire doors would prevent the fire from being communicated to the new building. "We were also impressed with the fact, as we stated in our previous report, that an apparent misunder- standing occured between Mr. Ped• ersen, Mr. Humphrey, the building commissioner, and the owners of thr hotel with reference to the proposed construction of the building at the time that the plans were originally 266 Special Session, August 9th, 1926 and Local Building Regulations. You are further notified that pend- ing the making and construction of such alterations and changes you will be permitted to occupy said fire proof building until further notifica- tion from this Department. While such alterations and changes are be- ing made you will be required to maintain, as an added measure of safety, an additional watchman on the premises. You are further notified that I will expect the construction of the alter- ations and changes stated in the plans and specifications to be made with as little delay as possible in order that they may be completed within the time herein stated. Dated at Dubuque, Iowa, this 7th day of August, 1926. JAS. C. MacINERNY, Building Commissioner of the City of Dubuque. Petition of property owners on Seminary Street asking that a street light be installed at the intersec- tion of Seminary Street and the al- ley which forms the West boundary line of the City. Signed by N. Link, Annie Hickey, et al, 13 signers. Councilman Maclay moved that it be refererd to City Manager. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Bond of the Hoefflin Motor Co. for display sign, and Heating Con- tractor's Bonds of C. C. Justman and L. O. Papin, presented for approval. Councilman Schrempf moved that they being properly executed be re- ceived and placed on file. Seconded by Councilman Meuser. Carried by the fololwing vote. Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Petition of property owners on As- bury Street signed by Theo. Weber, H. G. Engel, et al (5 signers), ask- ing that sidewalks be constructed on both sides of the street from St. Ambrose Street to the City Limits, presented. Councilman Schrempf moved that the petition be refererd to the City Manager. Seconded by Councilman Maclay. Carried by the follow ing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Claim of Anita G. Henry against the City of Dubuque for personal injuries received on account of a de- fective sidewalk in front of and ad- joining the A. A. Cooper property on Jones Street, between the Rail- road and the Levee, July 28th, 1926, presented. 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, and Yount. Nays —None. Petition of Cartigny Fruit Co. for permission to construct a concrete approach from the sidewalk to the entrance of their place of business at 1265 Iowa Street, the approach to extend about 27 inches onto the sidewalk. Councilman Schrempf moved that the prayer of the petition be grant- ed, providing they furnish the nec- essary bond. Seconded by Council- man Maclay. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. - Petition of E. J. Delaney, stating that the hand rail on the west side of Spruce Street, between Julien Avenue and Jefferson Street is in very bad condition, and one section is entirely gone, making the condi- tion very dangerous, and he here- by asks that the rail be repaired. Councilman Meuser 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. Petition of the Dubuque Poultry Association, asking for the use of the Armory for their annual Poultry Show to be held from December 6th to December 13th inclusive. Stat- ing that they had this matter up with Captain George Flanders of the Governors Greys, and they are in favor of this providing the Council grants them a permit. 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, and Yount. Nays —None. Petition of Jacob Clow, stating that he had taken out a Teaming license, for the year, about 4 months ago, and that he had the misfortune to lose his horse, and therefore will do no more teaming, he hereby asks that the City refund to him the li- cense money for the time that he will have no more use of it. Councilman Maclay moved that Mr. Clow be reimbursed the amount of the unexpired portion of the li- cense. Seconded by Councilman Yount. Carried by the fololwing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Petition of property owners and residents on Dodge Street, signed by Earl Michel et al (14 signers), ask- ing that a street light be installed on said street about midway be- tween Grandview Avenue and Booth Street. Councilman Meuser moved that the petition be referred to the City Manager. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Councilman Meuser moved that City Manager Douglas be granted a vacation and City Engineer Cullen act in his place during his absence. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. An ordinance establishing a grade on West 3rd Street from the East property line of Algona Street to a point 360 feet west, being profile No. 1162 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, Schrempf, and Yount. Nays —None. An Ordinance establishing a grade on Roland Street from the South line of West 3rd Street to the North line, being profile No. 1163, present- ed and read. Councilman Meuser moved that this be considered the first reading of the Ordinance. Seconded by Special Session, August 9th, 1926 267 Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. An Ordinance establishing a grade on Ascension Street from the West line of Lincoln Avenue to the East line of Emsley's Lane, being pro- file No. 1164, presented and read. Counciuman 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, Schrempf, and Yount. Nays —None. An Ordinance establishing a grade on West 5th Street from the end of the present imprc ve..nent to the west line of lot 4 Corriel's Dubuque Add., presente1 and read, being pro- file No. 1165. 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, Schrempf, and Yount. Nays —None. An Ordinance establishing a grade on Henion Street from the North line of West 14th Street to the South alley line of the alley first south of West 16th Street, presented and read, being profile No. 1166. Councilman Meuser moved that this be considered the first read- ing the Ordinance. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. An Ordinance establishing a grade on Wartburg Place from the end of present improvement to the end of the street, being profile No. 1158, 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, CAuneil- men Maclay, Meuser, Schrempf, and Yount. Nays —None. An Ordinance establishing a grade on Race Street from the North prop- erty line of West 11th Street to the 268 Special Session, August 9th, 1926 South property line of Rose St., be- ing profile No. 1159, presented and read. Councilman Meuser moved .that this be considered the first reading of the Ordinance. Seconded by Councilman Maclay. Carried by the follo vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. An Ordinance establishing a grade on Heeb Street from the North prop- erty line of West 17th Street to the North property line of Seminary Street being profile No. 1160, pre- sented 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, Schrempf, and Yount. Nays —None. An Ordinance establishing a grade on Rhomberg Avenue from the North line of Lincoln Avenue to the Eagle Point High Bridge, being pro- file No. 1161 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, Schrempf, and Yount. Nays —None. Resolution of Necessity for Con- struction of Sewer Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets and alleys and other places along which the sewers are to be constructed, the terminal points of the same, each lot proposed to be assessed there- for, an estimate of the cost of the same for each different type of con- struction and the kind of materials to be used and in each the amount thereof which it is estimated will be assessed against each lot: Be it therefore, resolved by the City Council of said City, on its .own motion: That it is deemed necessary and advisable to construct, lay and put in place an 8 inch tile sanitary sew- er in West 8th Street from the end of the present sewer, westerly about 327 feet. Said sewer shall be provided with manholes and any other appurten- ances that may be necessary. Said sewer shall be constructed in ac- cordance with the plans and speci- fications prepared by the City En- gineer, having been duly approved by the City Council and Manager and State Board of Health and now on file in the office of the City Clerk. That the cost and expense of mak- ing and constructing said sewer shall be assessed against the pri- vately owned property abutting thereon not to exceed the amount provided by law and upon such ad- jacent property as might be bene- fited thereby and in proportion to such benefits, and any deficiency shall be paid out of the general fund or sewer fund, or partly from each of said funds and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds thereof used to pay the contractor. Be it further resolved that the above and foregoing sewers are hereby proposed to be constructed as hereinbefore set forth, and that this proposed resolution, except this paragraph, be and the some is here- by set down for further and final hearing, consideration and determin- ation, at a meeting of this Council to be held on the 30th day of Aug- ust, 1926, at 4:30 o'clock P. M. in the Council Chamber of the City Hall of this city, and the City" Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution, and the time and place, when and where said pro- posed resolution will be considered for passage, to be given by publica- tion in the official newspapers of said city, in the manner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed sewer may appear and make objec- tion to the boundaries of the pro- posed district, if any, to the cost of the proposed sewers, to the amount proposed to be assessed against any lot, and to the passage of the pro- posed resolution, and unless prop- erty owners at the time of the final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assess- inents, they shall be deemed to have waived all objections thereto. The above resolution was ap- t proved and ordered placed on file for final action and notice of its ecial Session, August 9th, 1926 269 pendency ordered given this 9th day of August, 1926. H. G. MELHCIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Resolution of Necessity for Con. struction of Sewer Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets and alleys and other places along which the sewers are to be constructed, the terminal points of the same, each lot proposed to be assessed therefor, an estimate of the cost of the same for each different type of construc- tion and the kind of materials to be used and in each the amount thereof which it is estimated will be assessed against each lot. Be it therefore, resolved by the City Council of said City, on its own motion: Said sewer shall be provided with manholes and any other appurten- ances that may be necessary. Said sewer shall be constructed in accord- ance with the plans and specifica- tions prepared by the City Engin- eer, having been duly approved by the City Council and Manager and State Board of Health and now on file in the office of the City Clerk. That the cost and expense of mak- ing and constructing said sewer shall be assessed against the pri- vately owned property abutting thereon not to exceed the amount provided by law and upon such ad- jacent property as might be bene- fited thereby and in proportion to such benefits, and any deficiency shall be paid out of the general fund or sewer fund, or partly from each of said funds and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds thereof used to pay the contractor. Be it further resolved that the above and foregoing sewers are hereby proposed to be constructed as hereinbefore set forth, and that this proposed resolution, except this paragraph, be and the same is hereby set down for further and final hearing, consideration and determin- ation, at a meeting of this Council to be held on the 30th day of Aug- ust, 1926, at 4:30 o'clock P. M. in the Council Chamber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution, and the time and place, when and where said pro- posed resolution will be considered for passage, to be given by publi- cation in the official newspapers of said city, in the manner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed sewer may appear and make objec- tion to the boundaries of the pro- posed district, if any, to the cost of the proposed sewers, to the amount proposed to be assessed against any lot, and to the passage of the pro- posed resolution, and unless prop- erty owners at the time of the final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessments, they shall be deemed to have waived all objections there- to. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 9th - day of August, 1926. H. G. MELHCIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf,-and Yount. Nays —None. Resolution of Necessity for Street Improvement Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of 1 i 1 I I 1 1 i 270 Special Session, August 9th, 1926 the district, the streets to be im- proved, the width of the improve- ments, each lot proposed to be as- sessed, an estimate of the cost of the proposed improvement for each different type of construction and kind of material to be used, and in each case the amount thereof Which is estimated will be assessed against each lot, for the improve- ment of the streets named in this resolution: Be it, therefore, resolved by the City Council of the City of Dubuque, Iowa, on its own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improve- ments, as hereinafter described, in, upon and along the following streets, to wit: Twenty - seventh Street, from the west line of Jackson Street to the east property line of Central Av- enue, except where already paved. Said street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old curb reset, if advisable, and the paving to be constructed of one or more of the following materials and meth- ods, to wit: By paving with six inch concrete. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City En- gineer and approved by the City Council and Manager. The street railway portion of said street shall be paved with be- tween the rails and one foot outside thereof. That the cost and expense of mak- ing and constructing said improve- ments shall be assessed upon and against all privately owned property whether abutting or not and lying within the assessable distance pre- scribed by law, according to the area thereof, and in proportion to the special benefits conferred, and any deficiency shall be paid out of the general fund or improvement fund and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds thereof used to pay the contractor. The railway portion of said street shall be assessed to and paid by said street railway. Be it further resolved that the above and foregoing street improve- ments are hereby proposed to be made and constructed as hereinbe- fore set forth, and that this proposed resolution, except this paragraph, be and the same is hereby set down for further and final hearing, considera- tion and determination at a meeting of this Council to be held on the 30th day of August, 1926 at 4:30 o'clock P. M. in the Council Chani- ber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolu- tion, and of the time and place, when and where said proposed reso- lution will be considered for pass- age, to be given for publication in the official newspapers of said city, in the manner and for the time pre- scribed by law, at which time the owners of property subject to as- sessment for said proposed improve- ment may appear and make objec- tion to the boundaries of the pro- posed district if any, to the cost of the proposed improvement, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution and un- less property owners at the time of the final consideration of said reso- lution have on file with the Clerk objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objet tions thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 9th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUIIER, City Clerk. Councilman Maclay moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Resolution of Necessity for Street Improvement Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets to be im- proved, the width of the improve- ments, each lot proposed to be as- sessed, an estimate of the cost of the proposed improvement for each different type of construction and kind of material to be used, and in each case the amount thereof which is estimated will be assessed against each lot, for the improve- ment of the streets named in this resolution: Be it, therefore, resolved by the City Council of the City of Dubuque, Iowa, on its own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improve- ments, as hereinafter described, in, upon and along the following streets, to wit: McCormick Street from the south property line of Grace Street to the south property line of Bennett Street. Said street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old curb reset, if advisable, and the paving to be constructed of one or more of the following materials and meth- ods, to wit: By paving with six inch concrete. Said paving, curb and gutter shall be "constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City En- gineer and approved by the City Council and Manager. The street railway portion of said street shall be paved with be- tween the rails and one foot outside thereof. That the cost and expense of mak- ing and constructing said improve- ments shall be assessed upon and against all privately owned property whether abutting or not and lying within the assessable distance pre- scribed by law, according to the area thereof, and in proportion to the special benefits conferred, and any deficiency shall be paid out of the general fund or improvement fund and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds thereof used to pay the contractor. The railway portion of said street shall be assessed to and paid by said street railway. Be it further resolved that the above and foregoing street improve- ments are hereby proposed to be made and constructed as hereinbe- fore set forth, and that this proposed resolution, except this paragraph, be Special Session, August 9th, 1926 271 and the same is hereby set down for further and final hearing, considera- tion and determination at a meeting of this Council to be held on the 30th day of August, 1926 at 4:30 o'clock P. M. in the Council Cham- ber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolu- tion, and of the time and place, when and where said proposed reso- lution will be considered for pass- age, to be given for publication in the official newspapers of said city, in the manner and for the time pre- scribed by law, at which time the owners of property subject to as- sessment for said proposed improve- ment may appear and make objec- tion to the boundaries of the pro- posed district if any, to the cost of the proposed improvement, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution and un- less property owners at the time of the final consideration of said reso- lution have on file with the Clerk objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objec- tions thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 9th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Resolution of Necessity for Street Improvement Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets to be im- proved, the width of the improve- ments, each lot proposed to be as- sessed, an estimate of the cost of I I ii I 1 • J • I 272 Special Session, August 9th, 1926 the proposed improvement for each different type of construction and kind of material to be used, and in each case the amount thereof which is estimated will be assessed against each lot, for the improve- ment of the streets named in this resolution: Be it, therefore, resolved by the City Council of the City of Dubuque, Iowa, on its own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improve- ments, as hereinafter described, iu, upon and along the following streets, to wit: Finley Street from the west prop- erty line of McCormick Street to the east property line of West Street. Said street improvement shall con- sist of curb and gutter, such curb and gutter to be constructed of con- crete, to wit: By constructing concrete curb and gutter. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City En- gineer and approved by the City Council and Manager. That the cost and expense of mak- ing and constructing said improve- ments shall be assessed upon and against all privately owned property whether abutting or not and lying within the assessable distance pre- scribed by law, according to the area thereof, and in proportion to the special benefits conferred, and any deficiency shall be paid out of the general fund or improvement fund and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds thereof used to pay the contractor. The railway portion of said street shall be assessed to and paid by said street railway. Be it further resolved that the above and foregoing street improve- ments are hereby proposed to be made and constructed as hereinbe- fore set forth, and that this proposed resolution, except this paragraph, be and the same is hereby set down for further and final hearing, considera- tion and determination at a meeting of this Council to be held on the 30th day of August, 1926 at 4:30 o'clock P. M. in the Council Cham- ber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolu- tion, and of the time and place, when and where said proposed reso- lution will be considered for pass- age, to be given for publication in the official newspapers of said city, in the manner and for the time pre- scribed by law, at which time the owners of property subject to as- sessment for said proposed improve- ment may appear and make objec- tion to the boundaries of the pro- posed district if any, to the cost of the proposed improvement, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution and un- iess property owners at the time of the final consideration of said reso- lution have on file with the Clerk objections to the amount of the pro - posed assessments, they shall be deemed to have waived all objec- tions thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 9th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. Reports of the City Treasurer, the City Auditor and the City Water Works for the month of July, 1926, presented for approval. Councilman Schrempf moved that the reports be approved and placed on file. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. There being no further business, Councilman Maclay moved to ad- journ. Carried. JOHN STUBER, City Clerk. Approved 1926. Adopted 1926. Councilmen Attest: Special Session, August 9th, 1926 273 City Clerk. BOARD OF HEALTH Special Session of the Board of Health, August 9th, 1926. Board met at 6:15 P. M. Present —Mayor Melchior in the chair, Councilmen Maclay, Meuser, Schrempf and Yount. The following Resolution was pre- sented and adopted: Special Order and Notice from Board of Health To Clarence C. Buelow. You are hereby notified that on the 9th day of August, 1926, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary sewer, 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 Lot 12— Corner Rockdale Road and Number One of Sub. 2 of Mineral Grandview Avenue, owned by Clar- ence Buelow, be connected with sanitary sewer; that the outside wat- er closet, privy or privy vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitary toilet and toilet facil- made with the sanitary sewer. ities be installed and connections Be it further resolved that said Clarence C. Buelow 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 in- stalled and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Clarence C. Buelow be notified of the action of this Board by the ser- vice 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 action as the Council or Board of Health may determine. • M ii a ii 1 274 Special Session, August 17th, 1926 Dated this 9th day of August, 1926. 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 ad- option of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. There being no further business, Councilman Meuser moved to ad- journ. Carried. JOHN STUBER, Clerk, Board of Health. Approvel Adopted Board of Health Attest: 1926. 1926. Clerk, Board of Health. CITY COUNCIL (Official) Special Session, August 17th, 1926. Meeting called by order of Mayor Melchior, Councilman Schrempf. Council met at 4:30 P. M. Present —Mayor Melchior, Council- men Meuser, Schrempf. Absent — Councilmen Maclay, Yout.n Mayor Melchior read the call and stated that this meeting is called for the purpose of considerig bids forwater works improvement, the construction of a Standpipe on Delhi Street and acting on any other busi- ness that may come before the meeting. The following bids were received and taken up for con §ideration by the Council, and cotnracts awarded as recommended by the Consulting Engineer. Councilman Schrempf moved that the recommendation of the Consulting Engineer be approved • and placed on file. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Schrempf, Meuser. Nays —None. Absent — Councilmen Maclay, Yount. Hoorable Mayor and City Council, August 17th, 1926. Dubuque, Iowa. Gentlemen: On August 9th, 1926, bids were opened on pumping equip- ment and standpipe, a list of which is give nbelow. Pumps — Fairbanks -Morse — Single stage; 4,200 gallon, $4,635.00; 5,000 gallon, $5,146.00; GE motor. Aurora— Single stage; 4,200 gal- lon, $4,972.00; 5,000 gallon, $5,485.00; GE motor. Dayton Dowd —Three stage; 4,200 gallon, $5,570.00; 5,000 gallon, $6,100.00; EM motor. De Laval —Two single stage se- rie9; 4,200 gallon, $5,680.00; 5,000 gallon, $6,580; West motor. De Laval —Two single stage se- ries; 4,200 gallon, $6,330.00; 5,000 gallon, $6,880.00; GE motor. De Laval —Two single series; 4,200 gallon, $6,560.00; 5,000 gallon, $6,890.00; EM motor. Le Courtney —Two single stage series; 4,200 gallon, $6,550; 5,000 gallon, $7,875.00; GE motor. Allis Chalmers —Two single stage series; 4,200 gallon, $6,775.00; 5,000 gallon, $7,179.00; Allis motor. American —Two single stage se- ries; 4,200 gallon, $7,445.00; 5,000 gallon, $7,560.00; EM motor. The single pumps are not regard- Special Session, August 17th, 1926 ed as best for this installation on account of the high head against which they must operate. When the efficiency of the pumping units is taken into consideration it is found that the De Laval pump with Gen- eral Electric motor is the lowest and best bid and it is recommended that this bid be accepted. In view of the operating conditions and to save extra cost of installation, we believe an automatic starting panel would be desirable, and the De La- val Co. agrees to furnish this at an additioanl cost of $350.00. This bid includes a Nash No. 0 vacuum pump and all other items as specified. The use of the 4,200 gallon pump unit is recommended as it will be more efficient for your service. Standpipe — Graver Corporation — Standpipe, $12,880; cleaning and repainting, no bid; valve, no bid. Pittsburgh -Des Moines Steel Co. "A "— Standpipe, $15,886; cleaning and repainting, $1,950; valve, $1,000. Pittsburgh -Des Moines Steel Co. "B " -- Standpipe, $17,333; cleaning and repainting, $1,950; valve, $1,000. Chicago Bridge and Iron Works — Standpipe, $17,940; cleanig and re- painting, $2,100; valve, no bid. A comparison of these bids re- veals the fact that there is consider- able difference in the thickenss of the steel plates. This is a structure that should have a long life, at least fifty years. Also you will note the only complete bid is made by the Pittsburgh -Des Moiens Steel Co. Their "A" bid is on lighter steel and is comparable to the other two bids, but heavier than either. The "B" bid is on heavier plate and is is of an inch thicker at the base than the other bids. We believe this extra thickness of plate is worth while be- cause of the added resistance to cor- rosion and the extra safety of the structure, and therefore recommend the acceptance of the Pittsburgh - Des Moines Steel Company Proposal Respectfully submitted, BURNS & McDONNEL ENGINEER CO. —By B. L. Baldwin. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the con- struction of a Standpipe at Delhi Street, and Pittsburgh -Des Moines Steel Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the places and specifications; now therefore, Be it resolved by the City Council of the. City of Dubuque that the con- 275 tract for the constructio not a stand- pipe, located at Delhi Street, be awarded to Pittsburgh -Des Moines Steel Co., their proposal being $17,333.00, and $1,950.00 for cleaning and painting old standpipe, and the Mayor and Manager be and they are hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Passed and adopted this 17th day of August, 1926. H. G. MELCHIOR, Mayor. W. H. MEUSER, ED. SCHREMPF, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved that the resolution be approved and adopted and placed on file in the office of the City Clerk for one week for public inspection. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the instal- lation of pumping equipment, and De Laval Co., contractor, has sub- mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the places and specif- ications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the installation of pumping equipment be awarded to De Laval Co., their bid being $6,330.00 plus $350.00 for automatic control, 4,200 gallon capacity with G. E. motor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complee perform- ance of said work. Be it further resolved that this resolution being deemd urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Passed and adopted this 17th day of August, 1926. H. G. MELCHIOR, Mayor. W. M. MEUSER, ED. SCHREMPF, Councilmen. • 1 • i s • 1 ■ 1 i 276 Special Session, August 17th, 1926 Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved that the resolution be approved and adopted and placed on file in the of- fice of the City Clerk for one week for public inspection. Seconded by Councilman Meusr. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Petition of H. L. Pier, owner of Lot 6, Levi's Addition, stating that the City has been using part of this lot for Valley Street. He wants to know how much of this lot, if any, the City intends to purchase; also, he would like to have a plat of this, stating further that O. E. Carr prom- ised him this when he was city manager. Councilman Schrempf moved that this be referred to the Council to iew. Seconded by Councilman Meu- ser. Carried by - the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Bond of Linehan & Molo for oper- ation of display sign; also bond of Ben L. Baumhover covering permit for sale of cigarettes, presented for approval. Councilman Meuser moved that the bonds, being properly executed, be received and placed on file. Sec- onded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Communication of Holland Fur- nace Co. stating that they are desir- ous of placing in the City a round flue interlocking brick chimney, claiming that this type of chimney will eliminate fire hazards, will give better draft and will add large sav- ings to the fuel bill. Councilman Schrempf moved that the communication be referred to the Building Commissioner for in- vestigation and report back to Coun- cil. Seconded by Councilman Meu- ser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Grade Ordinance, being Profile No. 1162, establishing grade on West 3rd Street, presented for second read- ing. Councilman Schrempf moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Grade Ordinance, being Profile No. 1163, establishing grade on Ro- land Street, presented for second reading. Councilman Schrempf moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Grade Ordinance, being Profile No. 1164, establishing grade on Ascen- sion Street, presented for second reading. Councilman Schrempf moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Grade Ordinance establishing grade on West 5th Street, being Profile No. 1165, presented for sec- ond reading. Councilman Schrempf moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. An Ordinance establishing a grade on Henion Street, being Profile No. 1166, presented and read a second time. Councilman Schrempf moved that this be considerd the second reading of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. An Ordinance establishing a grade on Wartburg Place, being Profile No. 1158, presented and read a second 1 time. Councilman Schrempf moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. An Ordinance establishing a grade on Race Street, being Profile No. 1159, presented and read a second time. Councilman Schrempf moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. An Ordinance establishing a grade on Heeb Street, being Profile No. 1160, presented and read a second time. Councilman Schrempf moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. An Ordinance establishing a grade on Rhomberg Avenue, being Profile No. 1161, presented and read a sec- ond time. Councilman Schrempf moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. August 16th, 1926. Certificate of City Manager. To: City Council. Subject: Acceptance of Seminary Street. The undersigned hereby certifies that the contract for the improve- ment of Seminary Street, by paving the same with concrete, Uhlrich- Paley Co., contractors, has been completed. I further certify that said work has been done in accord- ance with the plans, specifications and stipulations of said contract and I therefore recommend the ac- ceptance o this work. C. E. DOUGLAS, City Manager. By W. H. CULLEN, City Engineer. Special Session, August 17th, 1926 277 A Resolution Accepting Improve- ments and Directing the City Clerk to Publish Notices. Whereas, the contract for the im- provement of Seminary Street from Heeb Street to Main Street by con- structing curb and gutter and pav- ing the same with Concrete, has been completed and the City Engi- neer 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 said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvements and file the same in the office of the City Clerk subject to public inspec- tion, and said City Clerk shall upon 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 state therein the time and place when and where objections thereto may be filed by interetsed parties, the meet- ing of this Council for said purpose to be held on the same date that the special assessments herein provided for areto be levied. Be it further resolved that the City Treasurer be and he is hereby directed to pay to the contractor for the funds to be realized from the sale of improvement bonds issued upon the above described improve- ments an amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 17th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. • a ■ 278 Special Session, August 17th, 1926 Nays —None. Absent — Councilmen Maclay, Yount. August 17th, 1926. Certificate of City Manager. To: City Council. Subject: Acceptance of Wartburg Place improvement. The undersigned hereby certifies that the contract for the improve- ment of Wartburg Place from the end of the present improvement to Lull Street, by paving the same with concrete, Uhlrich -Paley Co., contrac- tors, has been completed. I further certify that said improve- ment has been constructed in ac- cordance with the plans, specifica- tions and stipulations of said con- tract and I would therefore recom- mend its acceptance. C. E. DOUGLAS, City Manager. By W. H. CULLEN, City Engineer. A Resolution Accepting Improve- ments and Directing the City Clerk to Publish Notices. Whereas, the contract for the im- provement of Wartburg Place from end of improvement to Lull Street, by constructing curb and gutter and paving the same with Concrete, has been completed and the City Engi- neer 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 said improve- ment be and the same is hereby ac- cepted and the City Engineer be and heis hereby instructed to preapre a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvements and file the same in the office of the City Clerk subject to public inspec- tion, and said City Clerk shall upon 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 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 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 for the funds to be realized from the sale of improvement bonds issued upon the above described improve- ments an amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 17th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, W. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, men Meuser, Schrempf. Nays —None. Absent — Yount. Council- Councilmen Maclay, August 16th, 1926. Certificate of City Manager. To: City Council. Subject: Acceptance of gas connec- tions in Wartburg Place, Roland Street and West 5th Street. The undersigned hereby certifies that the contracts for the installa- tion of gas connections in Wartburg Place, Roland Street, West 5th Street and West 14th Street have been completed, the Key Citp Gas Company, contractors. I further certify that said work has been done in accordance with the plans, specifications and stipula- tions of said contract and I there- fore recommend the acceptance of this work. C. E. DOUGLAS, City Manager. By W. H. CULLEN, City Engineer. A Resolution Accepting Improve- ments and Directing the City Clerk to Publish Notices. Whereas, the contract for the im- provement of Wartburg Place, Ro- land Street, West 5th Street and West 14th Street, by the installation of gas connections, 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 Be it resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Engi- neer be approved and said improve- Special Session, August 17th, 1926 279 went be and the same is hereby ac- cepted and the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvements and file the same in the office of the City Clerk subject to public inspec- tion, and said City Clerk shall upon 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 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 provided for are to be levied. Passed, adopted and approved this 17th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, W. H. MEUSER, Councilmen. Councilman Schrempf moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the follownig vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent Councilmen Maclay, Yount. Attest: JOHN STUBER, City Clerk. Petition of Sam E. Muntz, asking permission to use the sidewalk space on White Street back of his property for his floral nursery, stat- ing that the sidewalk will not be used for some years to come. He also states in removing the building on corner of White Street and 28th Street, for the improvement of this street, the cellar will extend out to the curb about 10 feet, and he asks that he may use this cellar as an areaway, and agrees to construct a substantial sidewalk over this place. Councilman Schrempf moved that the matter be referred to the Coun- cil to view the grounds. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Petition of the Kiwanis Club to erect a "Welcome" sign on the north side of East 4th Street, on Industrial Sub. No. 2, property owned by the City. Councilman Meuser moved that the prayer of the petition be grant- ed. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. Petition of Mrs. Harriet Guthrie asking that Lull Street be vacated was presented and read. Councilman Schrempf moved that the Council view the grounds. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf. Nays —None. Absent — Councilmen Maclay, Yount. There being no further business, Councilman Meuser moved to ad- journ. Carried. JOHN STUBER, City Clerk. Approved 1926. Adopted 1926. Councilmen Attest: City Clerk. A4 � 1 y� Special Session, August 23rd, 1926 The Ordinance having passed first and second reading, was presented and read a third time. Councilman Schrempf moved the adoption of the Ordinance. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Grade Ordinance A N ORDINANCE establishing a grade of Heeb Street from the north property line of West Sev- enteenth Street to the north prop- erty line of Seminary Street. Be it Ordained by the City Coun- cil of City of Dubuque: Section 1. That an ordinance es- tablishing a grade on Heeb Street from the north property line of West Seventeenth Street to the north property line of Seminary Street be and the same is hereby adopted as shown by the profile of said street and grade prepared by the City En- gineer, being profile No. 1160. Said grade begins at the north property line of West Seventeenth Street, which is Station 0 +00, west curb elevation 53.7; thence to sta- tion 0+50, west curb elevation 58.1; thence to station 1+50, west curb elevation 68.6; thence to station 2+ 50, west curb elevation 80.9; thence to station 3 +51, which is the south property line of Seminary Street, curb elevation 94.5; thence to sta- tion 3+61, which is the south curb line of Seminary Street, curb eleva- tion 96.0. Section 2. This ordinance shall be in force and effect ten days after its final passage and adoption by the Council and its publication as pro- vided by law. Passed first reading August 9th, 1926. Passed second reading August 17th, 1926. Passed approved and adopted Aug- ust 23rd, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN S'E'UBER. City Clerk. Published officially in the Times - Journal and Telegraph- Herald news- papers, August 24th, 1926. JOHN STUBER, City Clerk. 281 The Ordinance having passed first and second reading, was presented and read a third time. Councilman Schrempf moved the adoption of the Ordinance. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Grade Ordinance AN ORDINANCE establishing a grade of Rhomberg Avenue from the north property line of Lincoln Avenue to the Eagle Point High Bridge. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance es- tablishing a grade of Rhomberg Av- enue from the north propery line of Lincoln Avenue to the Eagle Point High Bridge be and the same is hereby adopted as shown by the pro- file of said street and grade prep- ared by the City Engineer, being profile No. 1161. Said grade begins at the north property line of Lincoln Avenue which is Station 0+60, east curb elevation 630.5; thence to station 3+10, which is the south property line of Kimball Street, east curb elevation 633.0; thence to station 3+70, which is the north property line of Kimball Street, east curb elevation 635.0; thence to station 7+00, east curb elevation 650.6; thence to station 12 +50, east curb elevation 678.4; thence to station 13 +40, which is the bridge floor, elevation 681.0. Section 2. This ordinance shall be in force and effect ten days after its passage and adoption by the Council and its publication as pro- vided by law. Passer first reading August 9th, 1926. Passed second reading August 17th, 1926. Passed approved and adopted Aug- ust 23rd, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph - Herald news- papers, August' 24th. 1926. JOHN STUBER, City Clerk. II I fi �I+ '!t Is 11 280 Special CITY COUNCIL (Official) Special Session, August 23rd, 1926. Meeting called by order of Mayor Melchior and Councilman Schrempf. Council met at 4:15 P. M. Present —Mayor Melchior, Council- men Schrempf and Yount. Absent — Councilman Maclay, Men - ser and City Manager Douglas. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of adopting Ordinances for street grades and acting on any other business that may regularly come before it. The following Ordinances having passed the first and second readings were present for final reading and adoption: Grade Ordinance AN ORDINANCE establishing a cen- ter line grade on Wartburg Place from the end of the present im- provement to the end of the street. Be it Ordained by the City Coun- cil of the City of Dubuque: tablishing a grade on Wartburg Section 1. That an ordinance es- Place from the end of the present improvement to the end of the street be and the same is hereby estab- lished and adopted as shown by the profile of said street and grade pre- pared by the City Engineer, being profile No. 1158. Said grade begins at Station 0 +00, end of present improvement eleva- tion 242.0; thence to station 1 +50, elevation 239.6; thence to station 3+ 00, elevation 235.8; thence to sta- tion 5 +46 ,elevation 229.8. Section 2. This ordinance shall be inforce and effect ten days after its passage and adoption by the Council and its publication as pro- vided by law. Passed first reading August 9th, 1926. Passed second reading August 17th, 1926. Passed, approved and adopted this 23rd day of August, 1926. net 23rd, 1926. Approved: H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times- Session, August 23rd, 1926 Journal and Telegraph - Herald news- papers, August 24th, 1926. JOHN STLTBER, City Clerk. The Ordinance having passed first and second reading, was presented and read a third time. . Councilman Schrempf moved the adoption of the Ordinance. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Grade Ordinance AN ORDINANCE establishing a grade on Race Street from the north property line of West Elev- enth Street to the south property line of Rose Street. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance es- tablishing a grade on Race Street from the north property line of West Eleventh Street to the south proper ty line of Rose Street be and the, same is hereby established and ad- opted as shown by the profile of said street and grade prepared by the City Engineer, being profile No. 1159. Said grade begins at the north property line of West Eleventh Street which is Station 0 +00, east curb elevation 242.4, west curb ele- vation 243.4; thence to station 1+00, west curb elevation 246.6; thence to station 2 +50, west curb elevation 251.00; thence to station 2+77. which is the south line of Rose Street, east curb elevation 253.2, west curb elevation 252.5. Section 2. This ordinance shall be in force and effect ten days after its passage and adoption by the Council and its publication as pro- vided by law. Passed first reading August 9th, 1926. Passed second reading August 17th, 1926. Passed approved and adopted Aug- ust 23rd, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph - Herald news- papers, August 2Ith, 1926. JOHN STUBER, City Clerk. 282 Special Session, August 23rd, 1926 The Ordinance having passed first and second reading, was presented and read a third time. Councilman Schrempf moved the adoption of the Ordinance Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Grade Ordinance AN ORDINANCE establishing a grade of West Third Street from the east property line of Algona Street to a point 360 feet west. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance es- tablishing a grade of West Third Street from the east property line of Algona Street to a point 360 feet west, be and the same is hereby adopted as shown by the profile of said street and grade as prepared by the City Engineer, being profile No. 1162. Said grade begins at State 0 +00, which is the west property line of Algona Street, north curb elevation 281.2, south curb elevation 280.2; thence to station 1+60, north and south curb elevations 271.0; thence to station 2+50, north and south curb elevation 267.3; thence to - sta- tion 3 +60, north and south curb ele- vation 259.5. Section 2. This ordinance shall be in force and effect ten days after its passage and adoption by the Council and its publication as pro- vided by law. Passed first reading August 9th, 1926. Passed second reading August 17th, 1926. Passed approved and adopted Aug- ust 23rd, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Jcurnal and Telegraph - Herald news- papers, August 24th, 1926. JOHN STUBER, City Clerk. The Ordinance having passed first and second reading, was presented and read a third time. Councilman Schrempf moved the adoption of the Ordinance. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchoir, Council- Grade Ordinance AN ORDINANCE establishing a grade of Roland Street from the south line of West Third Street to the north alley line. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance es- tablishing a grade of Roland Street from the south line of West Third Street to the north alley line, be and the same is hereby adopted as shown by the profile of said street as prepared by the City Engineer, same being profile No. 1163. Said grade begins at station 0+00, south property line West Third Street, east curb elevation 244.0, west curb elevation 245.0; thence to station 2+20, north alley line, east curb elevation 246.0, west curb ele- vation 246.0. Section 2. This ordinance shall be in force and effect ten days after its final passage and adoption by the Council and its publication as pro- vided by law. Passed first reading August 9th, 1926. Passed second reading August 17th, 1926. Passed approved and adopted Aug- ust 23rd, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL f vI`NT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph - Herald news- papers, August 24th, 1926. JOHN STUBER, City Clerk. The Ordinance having passed first and second reading, was presented and read a third time. Councilman Schrempf moved the adoption of the Ordinance. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Grade Ordinance AN ORDINANCE establishing a grade of Ascension Street from the west line of Lincoln Avenue to the east line of Emsley's Lane. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance es- Special Session, August 23rd, 1926 tablishing a grade of Ascension Street from the west line of Lincoln Avenue to the east line of Emsley's Lane be and the same is hereby ad- opted as shown by the profile of said street as prepared by the City Engineer, same being profile No. 1164. Said grade begins at Stateion 0+ 10„ which is the west curb line of Lincoln Avenue, south curb eleva- tion 45.64, north curb elevation 46.04; thence to station 1 +11, which is the east curb line of Prescott Street, south curb elevation 55.0, north curb elevation 55.7; thence to station 1+41, which is the west curb line of Prescott Street curb eleva- tion 57.0, north curb elevation 56.7; thence to 2+86, which is the east property line of Emsley's Lane, south curb elevation 72.7, north curb elevation 72.7. Section 2. This ordinance shall be in force and effect ten days after its final passage and adoption by the Council and its publication as provided by law. Passed first reading August 9th 1926. Passed second reading August 17th, 1926. Passed approved and adopted Aug- ust 23rd, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph- Herald news- papers, August 24th, 1926. JOHN STUBER, City Clerk. The Ordinance having passed first and second reading, was presented and read a third time. Councilman Schrempf moved. the adoption of the Ordinance. Second - by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Grade Ordinance AN ORDINANCE establishing a grade of West Fifth Street from the end of the present improve- ment to the west line of lot four, Corriel's Dubuque Add. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance es- tablishing a grade of West Fifth Street from the end of the present 283 improvement to the west line of Lot 4, Corriel's Dubuque Add., be and the same is hereby adopted as shown by the profile of said street and grade as prepared by the City Engineer, same being profile No. 1165. Said grade begins at station 0+ 00, south line of City Lot 615, east curb elevation 72.7, west curb ele- vation 74.0; thence to station 1+ 00, north curb elevation 86.5, south curb elevation 86.0; thence to sta- tion 2 +00, north curb elevation 98.8, south curb elevation 98.0; thence to station 3+35, which is the east property line of Prospect Street, north curb elevation 123.0, south curb elevation 122.0; thence to sta- tion 3+75, which is the west prop- erty line of Prospect Street, north curb elevation 130.4, south curb ele- vation 130.4; thence to station 5+ 00, north and south curb 151.6; thence to station 6+75, north curb elevation 178.2, south curb elevation 179.0. Section 2. This ordinance shall be in force and effect ten days after its final passage and adoption by the Council and its publication as pro- vided by law. Passed first reading August 9th, 1926. Passed second reading August 17th, 1926. Passed approved and adopted Aug- ust 23rd, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph- Herald news- papers, August 24th, 1926. JOHN STUBER, City Clerk. The Ordinance having passed first and second reading, was presented and read a third time. Councilman Schrempf moved the adoption of the Ordinance. Secohd- by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Grade Ordinance AN ORDINANCE establishing a grade of Henion Street from the north line of West Fourteenth Street to the south alley line of al- ley first south of West Sixteenth Street. 284 Special Session, August 23rd, 1926 Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance es- tablishing a grade on Henion Street from the north line of West Four- teenth Street to the south line of the alley first south of West Sixteenth Street, be and the same is hereby adopted as shown by the profile of said street and grade as prepared by the City Engineer, same being profile No. 1166. Said grade begins at station 0+ 00, north property line of West Four- teenth Street, east curb elevation 151.7, west curb elevation 155.3; thence to station 0+50, east and west curb elevations 160.6; thence to station 1 +36, south curb line of Pickett Street, east curb elevation 171.6; thence to staiion 1+57, north curb line of Pickett Street, east curb elevation 175.3; thence to station 2+ 52, south curb line of Helena Street, west curb elevation 186.4; thence to station 2+ 76, north curb line of Helena Street, west curb elevation 190.1; thence to station 3+25, east and west curb elevation 196.4; thence to station 3 +25, east and west curb elevation, 197.3; thence to station 3 +45, east and west curb elevation 197.8; thence to station 3+55, east and west curb elevation 197.8; thence to station 3+65, east and west curb elevation 197.7; thence to station 3+79, east and west curb elevation 197.2; thence to station 4+00, east and west curb elevation 194.0; thence to station 4 +48, south alley line, east and west curb elevation 192.0. Section 2. This ordinance shall be in force and effect ten days after its final passage and adoption by the Council and its publication as provided by law. Passed first reading August 9th, 1926. Passed second reading August 17th, 1926. Passed approved and adopted Aug- ust 23rd, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph- Herald news- papers, August 24th, 1926. JOHN STUBER, City Clerk. The Ordinance having passed first and second reading, was presented and read a third time. Councilman Schrempf moved the adoption of the Ordinance. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Petition of Sam E. Muntz, asking permission to use the sidewalk por- tion of White Street back of his Floral Nursery, in connection with said Nursery, also the sidewalk part on White Street and 28th for an areaway offering to build a substan- tial sidewalk thereon, referred to the Council to view, at a previous meeting of the Council. Report of the Council. Councilman Schrempf moved that the petition be received and filed. Seconded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Report of Council on the petition of residents to have Saunders Av- enue improved. This matter to be taken up at the next year's paving programme No motion. Report of the Council on the peti- tion of Robert C. Jackson on Foye Street offering to pay $50.00 in set- tlement of the assessment levied against his lot No. 2 Buettell's Sub. for the improvement of Seminary Street, referred to Council at a pre- vious meeting to view the grounds. Report of Council. Councilman Schrempf moved that the petition be received and filed. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchoir, Council- men Schrempf and Yount. Nays —None. Absent — Councilmen Maclay and Meuser. Report of Council on the petition of Temple Securities Co., for the cancellation of assessment as lev- ied against their property for the improvement of Montrose Terrace, referred to Council to view, at a previous meeting. Councilman Schrempf moved that 1 the petition be received and filed. Seconded by Councilman Yount. I Carried by the following vote: Yeas —Mayor Melchoir, Council- ] men Schrempf and Yount. Nays —None. Absent— Councilmen Maclay and Meuser. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1926. Adopted 1926. Councilmen Attest: p t Special Session, August 25th, 1926 City Clerk. 285 CITY COUNCIL (Official) Special Session, August 25th, 1926. Meeting called by order of Coun- cilmen Schrempf and Maclay. Council met at 4:30 P. M. Present — Councilmen Maclay, Meuser and Schrempf. Absent —City ...Manager Douglas, Mayor Melchior, Councilman Yount. Councilman Maclay moved that Councilman Schrempf be appointed at Mayor pro -tem of this meeting. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Councilmen Maclay and Meuser. Absent —Mayor Melchior, Council - Nays —None. man Yount. Not voting — Councilman Schrempf. Mayor pro -tem Schrempf read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of adopting on final action the resolu- tions awarding the contracts for the Water Works improvement, the con- struction of a Standppe at Delhi St. and acting on any other business that may come before the meeting. The resolutions awarding the con- tracts for the installation of the Water Work equipment at Eagle Point Pumping Station, and the con- struction of a Standpipe at Deli) Street, having been approved and adopted at a meeting of the City Council, held August 17th, 1926, and placed on file for public inspection. There having been no objections filed, they were presented for final adoption. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the instal- lation of pumping equipment and De Laval Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the places and specifications; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the installation of pump- ing equipment be awarded to De Laval Co., their bid of $6,330 plus $350.00 for (automatic control) 4200 gallon capacity with G. E. motor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the city of Dubuque for the complete perform- ance of said work. -1 3 1 286 Special Session, August 25th, 1926 Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Passed and adopted this 17th day of August, 1926. ED. SCHREMPF, Mayor pro -tem. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, , City Clerk. The resolution having been ap- proved and adopted and placed un file for public inspection and there having been no objections filed, Councilman Meuser moved that the resolution be now finally approved and adopted. Seconded by Council- man Maclay. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Schrempf, Councilmen Mac lay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the con- struction of a stand pipe at Delhi Street and Pittsburgh, Des Moines Steel Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the places and specifications: now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the construction of a standpipe located at Delni Street be awarded to Pittsburgh, Des Moines Steel Co., (their proposal "B ") $17,- 333.00 and $1950.00 for cleaning and painting old standpipe, and the May- or and Manager be and they are hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Passed and adopted this 17th day of August, 1926. ED. SCHREMPF, Mayor pro -tem. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. The resolution having been ap- proved and adopted and placed on file for public inspection and there having been no objections filed, Councilman Meuser moved that the resolution be now finally approved and adopted. Seconded by Council- man Maclay. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council man Yount. Amendment to claim of Anita G. Henry, stating that in the petition she presented previously, she asked the City to make a settlement with her for injuries received in falling on a defective sidewalk, she stated no amount, but she has lost a posi- tion as teacher which she could not accept on account of her injury and she hereby claims from the City the sum of $2,000.00. Councilman Meuser moved that the petition be referred to the City Solicitor. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor pro -tem Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. Bond of the Economy Tire Shop for display sign, and renewal cer- tificates of bonds for display signs of A. G. Sommerfeld, Birndorf Bros., N. Peschang, Thos. N. Mahara, pre- sented for approval. All being properly executed Coun- cilman Meuser moved that they be received and placed on file. Second- ed by Councilman Maclay. Carried by the following vote: Yeas —Mayor pro -tem Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. August 25th, 1926. City Council, Dubuque, Iowa. Gentlemen: As per the request of Mr. Edward Fairfield, will you kindly change the dates of the Ex- position to be held at the Dubuque Athletic Field to the week of Sep- tember 26th to October 2nd, instead of the week of September 13th to 18th, 1926. Respectfully, ALLAN SIGMAN, Sec. to City Manager. Councilman Maclay moved that the prayer of the petition be grant- ed. Seconded by Councilman Meus- Special Session, August 25th, 1926 287 er. Carried by the following vote: Yeas —Mayor pro -tem Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. A Resolution Be it resolved by the City Coun- cil of the City of Dubuque that it be deemed necessary and advisable to lay and construct permanent side- walks of concrete according to plans and specifications on file in the off- ice of the City Clerk along and in front of property herein described, to wit: Lot 154 and W. 24,21 of 155 Me- chanics Add., John Wershinger, owner. Lot 9 and 1 of 10 of Sub. 138, 140, 142 L. H. Langworthy Add., Sarah Wihl, owner. Lot 3 Finley's Add., Mrs. K. F. Murray, owner. Lot 4 Clemenson's Sub., W. J. Glasson and wife, owner. N. 1/2 of M. 1 -5 of City lot 461, Anna Klauer, owner. S. 1 /2 of M. 1 -5 of City lot 461, Klauer Mfg. Co., owner. Lot 56 Burden & Lawther's Add., J. V. Weber, owner. Lot 120 Finleys' Add., Dora Hoer - mann, owner. Lots 5, 6, 7 and 1 of 8 of Sub. 128 Finley's Add., Joseph Enzler, owner. Lots 135, 136, 137 and 138 Finley's Add., B. Monahan Est., owner. Lot 139 Finley's Add., Mary Sim- plot and Robert Bonson, Tr., owner. Lot 1 of S. 1 /2 of 147 East Dubuque Add., E. C. Kuehnle, owner. N. 1 / 2 of Lot 147 East Dubuque Add., Ellen Farley, owner. S. 1 /2 of Lot 148 East Dubuque Add., Jacob Batterman, owner. Lot 55 Burden & Lawther Add., H. A. Cameron, owner. Lot 149 East Dubuque, Add., Voel- ker Realty Co., owner. City Lot 293, Mary A. Klein, et al, owner. Be it further resolved that said sidewalks be constructed and com- pleted on or before October 1st, 1926. Be it further resolved that the Chief of Police be and he is hereby directed to serve a notice of the passage of this resolution upon the owner or owners of each of said lots, as herein named, said notice to contain a copy of said resolution. Be it further resolved that should the owners of said property fail or refuse to construct said sidewalks within the time stated herein then contract therefor shall be let as pro- vided by ordinance and the cost thereof assessed as in cases of spe- cial assessment. Passed and adopted this 25th day of August, 1926. ED. SCHREMPF, Mayor pro -tem. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the ad- option of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor pro -tem Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. On recommendation of Chief of the Fire Department Jos. Fisher, the following resolution was presented, read and adopted. Dangerous Building Resolution Whereas, the building situated at Sixth Street and Illinois Central Railroad tracks in the City of Du- buque and owned by' J. F. Lee Pav- ing Co., and being further described as located upon lot Railroad right of way, (Illinois Central Railroad Co.), has been examined and investi- gated and, by reason of age, delap• idation or other causes has become dangerous to life and property. Be it therefore resolved by the City Council of the City of Dubuque that it is deemed necessary and ad- visable that said building be re- moved, reconstructed or repaired by the owner thereof on or before the 1st day of September, 1926, or ap- pear before the City Council and show cause why such building should not be repaired, reconstruct- ed or removed. Be it further resolved that the City Clerk be and he is hereby di- rected to have served a written no- tice upon the owner of said building advising him of the action taken by the Council and furnish him with a copy of this Resolution, which no- tice shall advise said owner to re- move, repair or reconstruct said building within the time herein pro- vided for or appear before the City Council at its meeting to be held on the 4th day of October, 1926, at 4:30 P. M. and show cause why said building should not be removed, re- paired or reconstructed and make due return of said notice. Passed, adopted and approved by been familiar with it for many years. We have seen photographs of the street as it existed years ago and we have examined abstracts and plats. The result of our investiga- tion has satisfied us that these gar- ages intrude upon the street approx- imately twenty (20) feet and there- fore should be removed. No claim can he made by the owner of the garages that his use of the street has ripened into title by adverse possession because under the law in this State there can be no ad- verse possession of a public street, by any one, no matter how long the occupancy has been. In view of our decision we recom- mend that the owner of the garages be immediately notified by the Chief of Police to cause their removal at once in order that the improvement of this street may not be delayed too long. In view of the fact that it will take some time to move the garages we would recommend that the own- er be given a notice in writing re- quiring him to remove the same within ten (10) days from the date of such notice. In the event that the owner should refuse to comply with such notice then we recom- mend that such action be taken to cause their removal as the circum- stances require. Respectfully submitted, W. H. CULLEN, City Engineer. M. H. CZIZEK, City Solicitor. Councilman Meuser moved that the report be made a matter of rec- ord. Seconded by Councilman Ma- clay. Carried by the following vote: Yeas —Mayor pro -tern Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. Resolution WHEREAS, it has been found that certain garages owned by one Mr. Rottler have been erected upon a part of Dorgan Place, a public street in the City of Dubuque, and at the rear of Lot 14 in Dennis -Dor- gan's Subdivision of out Lots 672 and 673, said buildings having been built and maintained without author- ity or permission from the City of Dubuque and the same form an ob- struction to the use of said street: NOW, THEREFORE, Be it re- solved by the City Council of the City of Dubuque that the Chief of Police be and he is hereby directed to serve a written notice upon the Special Session, August 25th, 1926 owner of said garages to cause their removal from said Dorgan Place within ten (10) days from the date of such notice. Be it further resolved that in the event said buildings are not removed in conformity with such notice then that such further action be taken on behalf of said City of Dubuque to cause the removal of said build- ings as may be deemed advisable. Passed, adopted and approved this 25th day of August, 1926. ED. SCHREMPF, Mayor pro -tem. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the ad- option of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor pro -tern Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. There being no further business, Councilman Meuser moved to ad- journ. Carried. JOHN STUBER, City Clerk. Approved 1926. Adopted 1926. Councilmen Attest: City Clerk. • i J 288 Special Session, August 25th, 1926 the City Council of the City of Du- buque, this 25th day of August, 1926. ED. SCHREMPF, Mayor pro -tern. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the ad- option of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor pro -tem Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. Certificate of City Manager August 25th, 1926. To City Council. Subject: Acceptance of gas connec- tions in West Sixteenth Street. The undersigned hereby certifies that contract for the installation of gas connections in West Sixteenth Street, Key City Gas Co., contract- ors, has been completed. I further certify that this work has been completed in accordance with the plans, specifications afid stipulations of said contract and I would therefore recommend its ac- ceptance. C. E. DOUGLAS, City Manager. By WALTER H. CULLEN City Engineer. A Resolution Accepting Improve - provements and Directing the City Clerk to Publish Notices. Whereas, the contract for the im- provement of West Sixteenth Street from Cornell Street to Henion Street by the installation of gas connec- tions, 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 therefor Be it resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Engin- eer be approved and said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby instructed to prepare 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 City Clerk shall upon receipt of such plat and sched- ule publish the notice of the Coun- cil'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 levy the as- sessment to pay the cost of said im- provements and state therein the time and place, when and where ob- jections thereto may be filed by in- terested parties, the meeting of this Council for said purpose to be held on the same date that the special assessments herein provided for are to be levied. Passed, adopted and approved this 25th day of August, 1926. ED. SCHREMPF, Mayor pro -tem. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the ad- option of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor pro -tern Schrempf, Councilmen Maclay and Meuser. Nays —None. Absent —Mayor Melchior, Council- man Yount. To the Honorable Mayor and Coun- cil of the City of Dubuque: Gentlement: Some time ago the matter of requiring the removal of certain garage buildings owned by one Mr. Rottler from off of Dorgan Place was referred to the under- signed for investigation and report. The claim made by persons living upon Dorgan Place is that Mr. Rott- ler has built his garages upon Dor- gan Place at a point where the same materially interfere with the use of said street. Since Dorgan Place is proposed to be improved by perman- ently paving the same it is now re- quested that these garages be re- moved in order that the street lines may be finally fixed and determined and a proper means may be provid- ed for the use of said street. We beg to advise you that this question has been more or less a troublesome one for many years since Mr. Rottler has always con- tended that these garages did not oc- cupy ally part of this street. In or- der that we would have all of the facts so far as the same are procur- able before us in making a decision in this controversy we have inter- viewed old time resident who are familiar with this street and have I. • • 3 I 290 Special Session, August 30th, 1926 CITY COUNCIL (Official) Special Session, August 30th, 1926. The City Council of the City of Dubuque, met in regular session at the City Hall at 4:30 o'clock P. M. The meeting was called to order and there were present Mayor Melchior, in the chair and the following named Councilmen: Meuser, Maclay, and Schrempf. Absent: Yount. Notice and call of Special meeting of the City Council of the City of Dubuque. To Councilman John H. Maclay: You are hereby notified and there is hereby called a special meeting of the City Council of the City of Dubuque to be held at the Council Chamber in the City Hall at 4:30 P. M. on Monday, August 30th, 1926. This meeting will be for the pur- pose of considering bids submitted for bond buyers for the purchase of $275,000.00 Improvement Bonds, and $75,000.00 Grading Bonds and, if such bids prove satisfactory, then to take such action with the award- ing of a contract for the purchase of the bonds as the Council may de- termine, and also for the considera- tion of such other business as may properly come before a regular meet- ing of the Council. Signed by: H. G. MELCHIOR, ED. SCHREMPF, Councilmen. Resolutions of Necessity for the construction of a sanitary sewer in West Eighth Street, and a sanitary sewer in Prospect Street, and for the improvements of East Twenty - seventh Street from Central Ave. to Jackson Street, McCormick Street from Grace to Bennett Streets, and the construction of curb and gutter in Finley Street to West Street, were also advertised to come up at this meeting for consideration and adoption. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: For your issue of sev- enty -five thousand dollars ($75,000) City of Dubuque, Iowa, city grading bonds, bearing interest at the rate of 41/2% (four and one -half per cent) to be dated July 1, 1926, to mature $15,000.00 each year, November 1. 1933 to 1937 inclusive, to be in de- nominations of $1,000 principal and semi - annual interest May and No- vember 1, to be payable at the office of the City Treasurer, Dubuque, Ia., we will pay you par, seventy -five thousand dollars and accrued inter- est, from the date of said bonds to the date of their delivery to us, and in addition thereto a premium amounting to $1,031.00 (ten hundred and thirty one dollars). This bid is made subject to your furnishing us with the final and com- plete approving opinion of Messrs. Chapman, Cutler & Parker, attor- neys, Chicago, together with com- plete certified copy of all the pro- ceedings had in connection with the issuance of these bonds. We agree to furnish free of cost to the city the blank bonds and coupons ready for the signatures of the proper offic- ials. As evidenced of our good faith, we hand you herewith certi- fied check in the sum of $1500.0C which is to be immediately returned to us in case we are not the suc- cessful bidder, or in the event that you are unable to deliver the bonds under the terms of this proposal; otherwise the check is to be held by you uncashed and if you so de- sire, applied as part payment on the purchase price when the bonds are delivered. Respectfully submitted, HOWE, SNOW & BERTLES, INC., FOLDS, BUCK & CO. By Howe, Snow & Bertles, Inc. Per Geo. L. Martin. City of Dubuque, Iowa, this 7th day of September, 1926. The above and foregoing proposi- tion is hereby accepted for bonds bearing interest at the rate of 4 and the bonds are accordingly awarded to Messrs Howe & Bertles and Folds, Buck & Co., at the price and upon the terms above set forth. H. G. MELCHIOR, Mayor. OTTO F. PULS, City Treasurer. Attest: JOHN STUBER, City Clerk. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: For your issue of two hundred seventy -five thousand dol- lars ($275,000) City of Dubuque, Ia., Improvement 4 Bonds, to he dated July 1, 1926, to mature $30,000 each year November 1, 1937 through 1941; $25,000 each year November 1, 1942 through 1945; $25,000 May 1, 1946; in denominations of one thousand dollars ($1,000) bearing semi - annual interest, principal and interest payable at the City Treas- urer's Office, we will pay you par two hundred seventy -five thousand Special Session, August 30th, 1926 dollars ($275,000) and accrued in- terest from the date of said bonds to the date of their delivery to us, and in addition thereto a premium amounting to $6770.00. This bid is made subject to your furnishing us with the final and com- plete approving opinions of Messrs. Chapman, Cutler & Parker, Chicago, together with complete certified copy of all the proceedings had in connection with the issuance of these bonds. We agree to furnish free of cost to the City the blank bonds and coupons ready for the signatures of the proper officials. As evidence of our good faith, we hand you herewith certified check in the amount of three thousand dol- lars ($3,000) which is to be immed- iately returned to us in case we are not the successful bidder or in the event you are unable to deliver the bonds under the terms of this pro- posal; otherwise, the check is to be held by you uncashed, and if you so desire, applied as part payment on the purchase price when the bonds are delivered. Respectfully submitted, HOWE, SNOW & BERTLES, INC., FOLDS, BUCK & COMPANY. By Howe, Snow & Bertles, Inc., Per Geo. L. Martin, Agent. City of Dubuque, Iowa, this 30th day of August, 1926. The above and foregoing proposi- tion is hereby accepted for bonds bearing interest at the rate of 4 and the bonds are accordingly awarded to Messrs. Howe & Bertles and Fods, Buck & Co. at the price and upon the terms above set forth. H. G. MELCHIOR, Mayor. OTTO F. PULS, City Treasurer. Attest: JOHN STUBER, City Clerk. This being the time and place fixed by published notice the Coun- cil took up for consideration the matter of bids for the purchase of $75,000 City Grading Bonds of said city. After the receipt of sealed bids and the calling for open bids, the results thereof were incorpor- ated in a resolution entitled, "Reso- lution, providing for the sale and award of $75,000 City Grading Bonds and approving and authorizing the agreement of such sale and award," which was introduced by Council- man Meuser. Motion made by Councilman Meus- er, seconded by Councilman Maclay and unanimously carried that action on the bids for the sale of Grading 291 Bonds be deferred until such a time as the denomination of bonds could be changed from $500.00 to $1000.00. This also being the time and place fixed by the published notice, the Council took up for consideration the matter of bids for the purchase of $275,000 City Improvement Bonds of said city. After the receipts of sealed bids and the calling for open bids, the results thereof were in- corporated in a resolution entitled "Resolution providing for the sale and award of $275,000 City Improve- ment Bonds and approving and au- thorizing the agreement of such sale and award," which was introduced by Councilman Meuser, who moved that said resolution be placed on file with the City Clerk for public inspection. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Whereupon the Mayor declared said motion duly carried and ordered said resolution placed on file with the City Clerk. On motion and vote the meeting adjourned. JOHN STUBER, City Clerk. Notice of publication certified to by the publisher that it be deemed necessary and advisable to construct a sanitary sewer in Prospect Street and the alley first north of West Fifth Street from the end of the present sewer in Prospect Street 458 feet nortlk in Prospect Street and west in the alley. There being no remonstrance, Councilman Meuser moved that the notice be received and filed. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Resolution of Necessity for Con- struction of Sewer Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets and alleys and other places along which the sewers are to be constructed, the terminal points of the same, each lot proposed to be assessed there- for, an estimate of the cost of the same for each different type of con- f I�I ! 1, i1 5y Special Session, August 30th, 1926 plans, specifications and form of contract heretofore prepared be and the same are hereby adopted and ap- proved for the construction of the following improvements, to wit: Eight inch tile sanitary sewer in Prospect Street from the alley first north of West Fifth Street from the end of the present sewer in Prospect Street 459 feet north in Prospect Street and west in alley. Be it further resolved that on the 30th day of August, 1926, a public hearing will be held at 4:30 o'clock P. M. in the Council Chambers of the City of Dubuque, for the purpose of hearing objections which may be filed by any interested persons to the proposed plans or specifications or form of contract for, or cost of any of such improvement and the Cicy Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be pub- lished in the official newspapers and enter on record its final decision thereon. Be it further resolved that the plans, specifications and form of contract be preserved on file in the office of the Clerk for public inspec- tion. Passed, adopted and approved this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Notice of publication certified to by the publisher, that it be deemed necessary and advisable to construct a sanitary sewer in West Eighth Street from the end of the present sewer, westerly a distance of about 327 feet. Councilman Maclay moved that the notice be received and filed. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. 293 Absent — Councilman Yount. A remonstrance by Margaret Spear, stating that she is the owner of 18, 19 and 20 in Kelly's Sub., that she was assessed $182.92 in 1923 for a sanitary sewer in Air Hill Street, that sewer connections are made to each of her lots with this sewer and that she will receive no benefits from the proposed sewer in West Eighth Street. Councilman Schrempf moved that action be postponed and the Council view the grounds. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Resolution Adopting and Approving Plans and Specifications and Form of Contract for Sew- er Improvements Whereas, sewer improvement as herein described has been ordered made and constructed by the City Council of the City of Dubuque, and plans, specifications and form of contract have been duly prepared, now therefore: Be it resolved by the City Coun- cil of the City of Dubuque that the plans, specifications and form of contract heretofore prepared be and the same are hereby adopted and approved for the construction of the fololwing improvements, to wit: Eight inch tile sanitary sewer in West Eighth street from the end of the present sewer westerly about 327 feet. Be it further resolved that on the 30th day of August, 1926, a public hearing will be held at 4:30 o'clock P. M. in the Council Chambers of the City of Dubuque, for the purpose of hearing objections which may be filed by any interested persons to the proposed plans or specifications or form of contract for, or cost of any of such improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be pub- lished in the official newspapers of the City of Dubuque, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Be it further resolved that the plans, specifications and form of contract be preserved on file in the office of the Clerk for public inspec- tion. 'I 1. . 11 I ii I i 'I, I I,I r. 292 Special Session, August 30th, 1926 struction and the kind of materials to be used and in each the amount thereof which it is estimated will be assessed against each lot. Be it therefore, resolved by the City Council of said City, on its own motion: That it is deemed necessary and advisable to construct, lay and put in place an 8 inch tile sanitary sew- er in Prospect Street and alley first north of West Fifth Street from end of present sewer in Prospect Street, 458 feet north in Prospect Street and west in the alley. Said sewer shall be provided with manholes and any other appurten- ances that may be necessary. Said sewer shall be constructed in ac- cordance with the plans and specifi- cations prepared by the City Engin- eer, having been duly approved by the City Council and Manager and State Board of Health and now on file in the office of the City Clerk. That the cost and expense of mak- ing and constructing said sewer shall be assessed against the pri- vately owned property abutting thereon not to exceed the amount provided by law and upon such ad- jacent property as might be bene- fited thereby and in proportion to such benefits, and any deficiency shall be paid out of the general fund or sewer fund, or partly from each of said funds and bonds shall be is- sued and sold in anticipation of de- ferred payment of assessments and the proceeds thereof used to pay the contractor. Be it further resolved that the above and foregoing sewers are hereby proposed to be constructed as hereinbefore set forth, and that this proposed resolution, except this paragraph, be and the same is hereby set down for further and fin- al hearing, consideration and - de- termination, at a meeting of this Council to be held on the 30th day of August, 1926, at 4:30 o'clock P. M., in the Council chamber of the City Hall of this city, and the City Clerk be and he is hereby instruct- ed to cause notice of the pendency of the above resolution, and the time and place, when and where said proposed resolution will be con- sidered for passage, to be given by publication in the official newspa- pers of said city, in the manner and for the time prescribed by law, at which time the owners of property subject to assessment for said pro- posed sewer may appear and make objection to the boundaries of the proposed district, if any, to the cost of the proposed sewers, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution, and un- less property owners at the time of the final consideration of said reso- lution have on file with the Clerk objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objec- tions thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 9th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Schrempf. Car- ried by the fololwing vote: Yeas —Mayor Melchior, Council- man Maclay, Meuser, Schrempf and Yount. Nays —None. The foregoing resolution of Nec- essity was passed, adopted, and ap- proved as proposed, by the City Council this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN MACLAY, W. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf. Nays —None. Absent — Councilman Yount. Resolution Adopting and Approving Plans and Specifications and Form of Contract for Sew- er Improvements Whereas, sewer improvement as herein described has been ordered made and constructed by the City Council of the City of Dubuque, and plans, specifications and form of contract have been duly prepared, now therefore: Be it resolved by the City Coun- cil of the City of Dubuque that the 294 Special Session, August 30th, 1926 Passed, adopted and approved this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN MACLAY, W. H. MEUSER, ,EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Notice of publication certified to by the publisher, that it be deemed necessary and advisable to improve East Twenty - seventh Street from the west property line of Jackson Street to the east property line of Central Avenue. There being no remonstrance, Councilman Meuser moved that the notice be received and filed. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays =None. Absent — Councilman Yount. Resolution of Necessity for Street Improvement. Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk therefor, showing the boundaries of the district, the streets to be im- proved, the width of the improve- ments, each lot proposed to be as- sessed, an estimate of the cost of the proposd improvement for each different type of construction and kind of material to be used, and in each case the amount thereof which is estimated will be assessed against each lot, for the improvement of the streets named in this resolution. Be it, therefore, resolved by the City of Dubuque, Iowa, on its own motion: That it is deemed neessary and advisable to build, construct and put in place certain street improve- ments, as hereinafter described, in, upon and along the following streets, to -wit: Twenty- seventh Street from the west property line of Jackson Street to the east property line of Central Avenue, except where already paved. Said street improvement shall consist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old curb reset, if advisable, and the paving to be constructed of one or more of the following materials and meth- ods, to wit: By paving with 6 inch plain con- crete. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City En- gineer and approved by the City Council and Manager. The street railway portion of said street shall be paved with be- tween the rails and one foot out- side thereof. That the cost and expense of mak- ing and constructing said improve- ments shall be assessed upon and against all privately owned property whether abutting or not and lying within the assessable distance pre- scribed by law, according to the area thereof, and in proportion to the spe- cial benefits conferred, and any de- ficiency shall be paid out of the gen- eral fund or improvement fund and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds there- of used to pay the contractor. The railway portion of said street shall be assessed to and paid by said street railway. Be it further resolved that the above and foregoing street improve- ments are hereby proposed to be made and constructed as hereinbe- fore set forth, and that this pro- posed resolution, except this para- graph, be and the same is hereby set down for further and final hear- ing, consideration and determination at a meeting of this Council to be held on the 30th day of August, 1926, at 4:30 o'clock P. M. in the Coun- cil Chamber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolu- tion, and of the time and place, when and where said proposed reso- lution will be considered for pass- age, to be given for publication in the official newspapers of said city, in the manner and for the time pre- scribed by law, at which time the owners of property subject to assess- ment for said proposed improve- ment may appear and make objec- tion to the boundaries of the pro- posed district if any, to the cost of the proposed improvement, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution and un- Special Session, August 30th, 1926 less property owners at the time of the final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 9th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of neces- sity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. CERTIFICATE OF CLERK It is hereby certified that at the time set for the final consideration of the above resolution no remon- strance has been filed with the Council signed by 60% of the prop- erty owners and by the owners of 75% of the property subject to as- sessment. JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Resolution Adopting and Approving Plans and Specifications and Form of Contract for Sew- er Improvements Whereas, sewer improvement as herein described has been ordered made and constructed by the City Council of the City of Dubuque, and plans, specifications and form of con- tract have been duly prepared, now therefore: Be it resolved by the City Council of the City of Dubuque that the plans, specifications and form of contract heretofore prepared be and 295 the same are hereby adopted and approved for the construction of the following improvements, to wit: Twenty- seventh Street from the west property line of Jackson Street to the east line of Central Avenue. Be it further resolved that on the 30th day of August, 1926, a public hearing will be held at 4:30 o'clock P. M. in the Council Chambers of the City of Dubuque, for the pur- pose of hearing objections which may be filed by any interested per- sons to the proposed plans or speci- fications or form of contract for, or cost of any of such improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in the official news- papers of the City of Dubuque, at which hearing the Council will hear such objections and enter on record its final decision thereon. Be it further resolved that the plans, specifications and form of contract be preserved on file in the office of the Clerk for public inspec- tion. Passed, adopted and approved this 20th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Notice of publication certified to by the publisher that it be deemed necessary and advisable to construct a concrete curb and gutter in Finley Street from McCormick Street to West Street. There being no remonstrance, Councilman Maclay moved that the notice be received and filed. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Resolution of Necessity for Street Improvement Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and 296 Special Session, August 30th, 1926 now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets to be im- proved, the width of the improve- ments, each lot proposed to be as- sessed, an estimate of the cost of the proposed improvement for each different type of construction and kind of material to be used, and in each case the amount thereof which is estimated will be assessed against each lot, for the improvement of the streets named in this resolution. Be it, therefore, resolved by the City Council of the City of Dubuque, Iowa, on its own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improve- ments, as hereinafter described, in upon and along the following streets, to wit: Finley Street from the west prop- erty line of McCormick Street to the east property line of West Street. Said street improvement shall con- sist of grading, paving, curb and gut- ter, such curb and gutter to be con- structed of concrete. By constructing concrete curb and gutter. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City En- gineer and approved by the City Council and Manager. That the cost and expense of mak- ing and constructing said improve- ments shall be assessed upon and against all privately owned property whether abutting or not and lying within the assessable distance pre- scribed by law, according to . the area thereof, and in proportion to the special benefits conferred, and any deficiency shall be paid out of the general fund or improvement fund and bonds shall be issued and sold in anticipation of deferred pay- ment of assessments and the pro- ceeds thereof used to pay the con- tractor. The railway portion of said street shall be assessed to and paid by said street railway. Be it further resolved that the above and foregoing street improve- ments are hereby proposed to be made and constructed as hereinbe- fore set forth, and that this pro- posed resolution, except this para- graph, be and the same is hereby set down for further and final hear- ing, consideration and determination at a meeting of this Council to be held on the 30th day of August, 1926, at 4:30 o'clocq P. M. in the Council Chamber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and of the time and place when and where said proposed reso- lution will be considered for pass- age, to be given for publication in the official newspapers of said city, in the manner and for the time pre- scribed by law, at which time the owners of property subject to as- sessment for said proposed improve- ment may appear and make objec- tion to the boundaries of the pro- posed district if any, to the cost of the proposed improvement, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution and un- less property owners at the time of the final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 9th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of nec- essity was passed, adopted and ap- lr:o:'ud, as proposed, by the City Council of the City of Dubuque, this : :oth day of August, 192(3. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. CERTIFICATE OF CLERK It is hereby certified that at the time set for the final consideration of the above resolution no remon- strance has been filed with the Council signed by 60% of the prop- erty owners and by the owners of 75% of the property subject to as- sessment. JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded Special Session, August 30th, 1926 by Councilman Maclay. Carried by the following vote:. Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Resolution Adopting and Approving Plans and Specifications and Form of Contract for Sewer Improvements Whereas, sewer improvement as herein described has been ordered made and constructed by the City Council of the City of Dubuque, and plans, specifications and form of contract have been duly prepared, now therefore: Be it resolved by the City Council of the City of Dubuque that the plans, specifications and form of contract heretofore prepared be and the same are hereby adopted and ap- proved for the construction of the following improvements, to wit: Curb and gutter in Finley Street from the west property line of Mc- Cormick Street to the east property line of West Street. ' Be it further resolved that on the 30th day of August, 1926, a public hearng will be held at 4:30 o'clock P. M. in the Council Chambers of the City of Dubuque, for the pur- pose of hearing objections which may be filed by any interested per- sons to the proposed plans or speci- fication or form of contract for, or cost of any of such improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in the officials newspa- pers of the City of Dubuque; at which hearing the Council will hear such objections and enter 011 record its final decision thereon. Be it further resolved that the plans, specifications and form of contract be preserved on file in the office of the Clerk for public inspec- tion. Passed, adopted and approved this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- 297 men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Notice of publication certified to by the publisher that it be deemed necessary and advisable to improve McCormick Street from Grace Street to Bennett Street. Councilman Maclay moved that the notice be received and filed. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. A remonstrance filed by the Uni- versity of Dubuque, against the as- sessment proposed to be levied amounting to approximately $286.00 claiming that this is way beyond the benefits derived. Also remonstrance by Mary and Catherine Cunningham, owners of sub. lot 14 Ann O'Hares Sub., the proposed assessment amounts to $1,057.68 which is almost one half of the whole assessment, they claim that this is more than the property will stand. Councilman Schrempf moved that all remonstrances be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Resolution of Necessity for Street Improvement Whereas, a plot and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets to be im- proved, the width of the improve- ments, each lot proposed to be as- sessed, an estimate of the cost of the proposed improvement for each different type of construction and kind of material to be used, and in each case the amount thereof which is estimated will be assessed against each lot, for the improvement of the streets named in this resolution. Be it, therefore, resolved by the City Council of the City of Dubuque, Iowa, on its own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improve- ments, as hereinafter described, in, upon and along the following streets, to wit: McCormick Street from the south jl of the following materials and meth- - ods, to wit: By paving with 6 inch plain con- _ crete. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City En- gineer and approved by the City Council and Manager. The street railway portion of said street shall be paved with be- tween the rails and one foot out- side thereof. That the cost and expense of mak- ing and constructing said improve- ments shall be assessed upon and against all privately owned property whether abutting or not and lying within the assessable distance pre- _ scribed by law, according to the area thereof, and in proportion to the spe- cial benefits conferred, and any de- 1 ficiency shall be paid out of the general fund or improvement fund - and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds thereof used to pay the contractor. The railway portion of said street shall be assessed to and paid by said street railway. 298 Special Session, August 30th, 1926 property line of Grace Street to the south property line of Bennett Street. Said street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old curb reset, if advisable, and the paving to be constructed of one or more Be it further resolved that the above and foregoing street improve- ments are hereby proposed to be made and constructed as hereinbe- fore set forth, and that this proposed resolution, except this paragraph, be and the same is hereby set down for further and final hearing, considera- tion and determination at a meet- ing of this Council to be held on the 30th day of August, 1926, at 4:30 o'clock P. M. in the Council Cham- ber of the City Hall of this city, 1 and the City Clerk be and hi, is hereby instructed to cause notice of the pendency of the above resolu- tion, and of the time and place, • when and where said proposed reso- lu• tion will be considered for pass- j age, to be given for publication in the official newspapers of said city, in the manner and for the time pre- scribed by law, at which time the • owners of property subject to assess- ment for said proposed improvement may appear and make objection to 1 1 Special Session, August 30th, 1926 Council of the City of Dubuque, and plans, specifications and form of contract have been duly prepared, now therefore: Be it resolved by the City Coun- cil of the City of Dubuque that the plans, specifications and form of contract heretofore prepared be and the same are hereby adopted and approved for the construction of the following improvements, to wit: McCormick Street from the south property line of Grace Street to the south property line of Bennett St. Be it further resolved that on the 30th day of August, 1926, a public hearing will be held at 4:30 o'clock P. M. in the Council Chambers of the City of Dubuque, for the pur- pose of hearing objections which may be filed by any interested per- sons to the proposed plans or speci- fications or form of contract for, or cost of any of such improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in the official newspapers of the City of Dubuque, at which hearing the Council will hear such objections and enter on record its final decision thereon. Be it further resolved that the plans, specifications and form of contract be preserved on file in the office of the Clerk for public in- spection. Passed, adopted and approved this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Petition of Mrs. S. Kenkel re- ferred to the Council by the Board of Supervisors, stating that her husband is an invalid, unable to work and she hereby asks that her taxes be reduced 25 %. Councilman Maclay moved that the petition be referred to the City Solicitor, for investigation and re- port. Seconded by Councilman Schrempf. Carried by the following vote: 299 Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Petition of Theresa Bade, stating that she has purchased from the Kasler Fur Co., a frame building near 5th and White Streets. She intends to move this building to the rear of the F. Bade Grocery Store across the alley between Central Ave. and White Streets, on 5th Street and convert the building in- to a garage. Councilman Meuser moved that the petition be referred to the Build- ing Commissioner. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Petition of John Hintgen, stating that he is owner of a tract of land described as lot 1, and lot 1 of 1 of lot 2 in Hosford's and Gruner's Sub. and lot 1 of 1 of lot 4 of the Sub. of Mineral lot 122, all in the City of Dubuque, containing in all 17.87 acres, which is used exclusively_ for agricultural purposes. Under section 6210 of the Code of Iowa, 1924, the same is only taxable for a certain amount as therein provided. The pe- titioner would therefore ask your Honorable Body to instruct the Treasurer to accept the taxes on said land for 1925 as provided for in said section. The City Solicitor reported that this was referred to him once be- fore and he found that this land consists of two distinct pieces of land each being less than 10 acres, and recommends that the petition be received and filed. Councilman Maclay moved that the petition be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Resolution of Necessity for Street Improvement Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of tit districts, the streets to be im- proved, the width of the improve - mnts, each lot proposed to be as- sessed, an estimate of the cost of the proposed improvement for each dif- ferent type of construction and kind I I 1j 1 di If the boundaries of the proposed dis- trict if any, to the cost of the pro- posed improvement, to the amount proposed to be assessed against any lot, and to the passage of the pro- posed resolution and unless proper- ty owners at the time of the final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessments, they shall be deemeti to have waived all objections there- to. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 9th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of neces- sity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. CERTIFICATE OF CLERK It is hereby certified that at the time set for the final consideration of the above resolution no remon- strance has been filed with the Coun- cil signed by 60% of the property owners and by the owners of 75% of the property „ubject to assess- ment. JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent— Councilman Yount. Resolution Adopting and Approving Plans and Specifications and Form of Contract for Sewer Improvements Whereas, sewer improvement as herein described has been ordered made and constructed by the City 300 Special Session, August 30th, 1926 of material to be used, and in each case the amount thereof which is estimated will be assessed against each lot, for the improvement of the streets named in this resolution. Be it, therefore, resolved by the City Council of the City of Dubuque, Iowa, on its own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improve- ments, as hereinafter described, in, upon and along the following streets, to wit: Kirkwood Street from Alta Vista Street about 270 feet west. Said street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old curb reset, if advisable, and the paving to be constructed of one or more of the following materials and methods, to wit: By paving with 6 inch plain con- crete. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City Engineer and approved by the City Council and Manager. That the cost and expense of mak- ing and constructing said improve- ments shall be assessed upon and against all privately owned property whether abutting or not and lying within the assessable distance pre- scribed by law, according to the area thereof, and in proportion to the special benefits conferred, and any deficiency shall be paid out of the general fund or improvement fund and bonds shall be issued and sold in anticipation of deferred pay- ment of assessments and the pro- ceeds thereof used to pay the con- tractor. Be it further resolved that the above and foreigoing street improve- ments are hereby proposed to be made and constructed as hereinbe- fore set forth, and that this pro- posed resolution ,except this para- graph, be and the same is hereby set down for further and final hear- ing, consideration and determina- tion at a meeting of this Council to be held on the 17th day of Sept., 1926, at 4:30 o'clock P. M. in the Council Chamber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution, and of the time and place, when and where said pro- I posed resolution will be considered for passage, to be given for publica- tion in the official newspapers of said city, in the manner and for the time prescribed by law, at which time the owners of property sub- ject to assessment for said proposed objection to the boundaries of the proposed district if any, to the cost improvement may appear and make of the proposed improvement, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution and un- less property owners at the time of the final consideration of said reso- lution have on file with the Clerk objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objec- tions thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of the pendency ordered given this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, .W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Resolution of Necessity for Street Improvement Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets to be im- ments, each lot proposed to be as- proved, the width of the improve - sessed, an estimate of the cost of the proposed improvement for each different type of construction and kind of material to be used, and in each case the amount thereof which is estimated will be assessed against each lot, for the improve- ment of the streets named in this resolution. Be it, therefore, resolved by the City Council of the City of Dubuque, Iowa, on its own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improve- ments, as hereinafter described, in, upon and along the following street, to wit: Alta Vista Street from Kirkwood Street to the point about 100 feet north. Said street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old curb reset, if advisable, and the paving to be constructed of one or more of the following materials and meth- ods, to wit: By paving with 6 inch plain con- crete. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City En- gineer and approved by the City Council and Manager. That the cost and expense of mak- ing and constructing said improve- ments shall be assessed upon and against all privately owned proper- ty whether abutting or not and ly- ing within the assessable distance prescribed by law, according to the area thereof, and in proportion to the special benefits conferred, and any deficiency shall be paid out of the general fund or improvement fund and bonds shall be issued and sold in anticipation of deferred pay- ment of assessments and the pro- ceeds thereof used to pay the con- tractor. Be it further resolved that the above and foregoing street improve- ments are hereby proposed to be made and constructed as hereinbe- fore set forth, and that ,this pro- posed resolution, except this para- graph, be and the same is hereby set down for further and final' hear- ing, consideration and determina- tion at a meeting of this Council to be held on the 17th day of Sept., Council Chamber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution, and of the time and place when and where said proposed reso- lution will be considered for pass- age, to be given for publication in the official newspapers of said city, in the manner and for the time pre- scribed by law, at which time the owners of property subject to assess- ment for said proposed improve- ment may appear and make objec- tion to the boundaries of the pro- posed district if any, to the cost of the proposed improvement, to the Special Session, August 30th, 1926 301 amount proposed to be assessed against any lot, and to the passage of the proposed resolution and un- less property owners at the time of the final consideration of said reso- lution have on file with the Clerk objections to the amount of the pro - deemed to have waived all objec- posed assessments, they shall be tions thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. A Resolution Be it resolved by the City Coun- cil of the City of Dubuque that it be deemed necessary and advisable to lay and construct permanent sidewalks of concrete according 'to plans and specifications on file in the office of the City Clerk along and in front of property herein de- scribed, to wit: Lot 82 Burden and Lawther Add., Frank Schlickman, owner. Lot 65 Burden and Lawther Add., Prosper A. Engler, owner. Lot 10 Burden and Lawther Add., William Lawther, owner. Be it further resolved that said sidewalks be constructed and com- pleted on or before October 1st, 1926. Be it further resolved that the Chief of Police be and he is hereby directed to serve a notice of the passage of this resolution upon the owner or owners of each of said lots, as herein named, said notice to contain a copy of said resolution. Be it further resolved that should the owners of said property fail or refuse to construct said sidewalks within the time stated herein then contract therefor shall be let as pro- vided by ordinance and the cost thereof assessed as in cases of spe- cial assessment. 302 Special Session, August 30th, 1926 Passed and adopted this 30th day of August, 1926. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, W. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent— Councilman Yount. Return service, notice served on Jas. P. Lee Paving Co., to remove the building situated on 6th Street and railroad tracks, served and sworn to by Police Officer Adolph Dahl. Councilman Meuser moved that it be made a matter of record. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Return of service, notice served on Max Rottler to remove garages in the rear of lot 14 in Dennis -Dor- gan's Sub. of outlots 672 and 673 within ten days. Served, and sworn to by Police Officer, Paul Anthony. Councilman Meuser moved that this be made a matter of record. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —N one. Absent — Councilman Yount. Councilman Maclay moved that the rules be suspended for the pur- pose of allowing anyone present to address the Council. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. General Manager Dove of the Du- buque Electric Co., addressed the Council, stating that the Company intends to eliminate the bus ser- vice in the down town district, that they intend to operate busses on hill district only and connect with the street cars, that they intend to charge the same rare for busses as for street cars and use the same tokens and issue transfers frdm street cars to busses and from buss- es to street cars, the fare to be the same as it is on the street cars at the present time and furthermore they want to rearrange the bus routes, to make these connections more agreeable to the public, and they hereby ask the Council for per- mission to make the above changes as outlined. The prayer of the petition was granted, motion made by Council- man Schrempf. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Property owners on Dorgan Place were present to take up the matter of improving said street. Mayor melchior informed them that the Council would view said street Wed- nesday at 4:30 P. M. and asked that all parties interested be present. Councilman Schrempf moved that the City Manager, City Engineer and any members of the Council who wish to go to the City Manager Convention to be held at Colorado Springs, Sept. 21st to 23rd inclu- sive be authorized to attend. Sec- onded by Councilman Maclay. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. There being no further business, Councilman Meuser moved that the Council adjourn. Carried. JOHN STUBER, City Clerk. Approved 1926. Adopted 1926. Councilmen Attest: City Clerk. Special session of the Board of Health. Board met at 5:30 P. M. Present —H. G. Melchior, Chair- man; Maclay, Meuser and Schrempf. Absent —Earl Yount. A resolution ordering Elizabeth Byrne to abandon outside toilet or water closet and connect with sewer. Special Order and Notice from Board of Health To Mrs. Elizabeth Byrne. You are hereby notified that on the 30th day of August, 1926, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, 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 81 and 82 Union Add., 251 Holly Street, Dubuque, Iowa, owned by Mrs. Elizabeth Byrne, 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 Mrs. Elizabeth Byrne 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 in- stalled and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Mrs. Elizabeth Byrne be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- Special Session, August 30th, 1926 BOARD OF HEALTH ure to comply with the terms hereof within the time stated shall be fol- lowed by prosecution or such other action as the Council or Board of Health may determine. Dated this 30th day of August, 1926. 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 ad- option of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. Return of service, notice served on Clarence Buelow to abandon out- side toilet and connect premises at Corner of Rockdale Road and South Grandview Avenue with Sanitary Sewer. Served and sworn to by Joe Scharry. Councilman Meuser moved that the notice be made a matter of record. Seconded by Councilman Maclay. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser and Schrempf. Nays —None. Absent — Councilman Yount. There being no further business, Board adjourned. JOHN STUBER, Clerk, Board of Health. Approved 19 ............. Adopted 19 Board of Health Attest: Clerk, Board of Health. 303