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1925 January Council ProceedingsRegular Session, January 5th, 1925 1 CITY COUNCIL (Official) Regular Session, January 5th, 1925. Council met at 4:30 P. M. Present —City Manager Carr, May- or Alderson, Councilman Brede, Ga- briel, Melchior, Schrempf. Mayor Alderson stated that this is the regular monthly meeting of the Council for the purpose of acting on any business that may regularly come before it. Resolutions of Necessity for Street Improvements presented. Resolution of Necessity for Street Improvement. Whereas, a plat and schedule has been duly prepared by the City Engi- neer 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 improvements. as hereinafter described, in, upon and along the following ,streets, to- wit: Jackson street from the north line of East 32n1 street to the north line of Milwaukee 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 methods, to-wit: By paving with vibrolithic, sheet asphalt or bitulithic. 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 uy the City Engi- neer and approved by the City Coun- cil and Manager. The•street railway portion of said street shall be paved With vibrolithic between 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- scibed 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 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 herein - before 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 26th day of January, 1925, 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 no- tice of the pendency of the above resolution, and of the time and place when and where said proposed reso- lution will be considered for pas- sage, 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 objections to 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 property owners at the time of the final con- sideration 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 objections thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pend- ency ordered given this 5th day of January, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas— Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. 2 Regular Session, January 5th, 1925 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 dif- ferent 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 improvements, as hereinafter described, in, upon and along the following streets, to- w it: Milwaukee street from the west line of Jackson street to the east line of Central avenue. Said street improvement shall con- sist of grading, curb and gutter, such curb and gutter to be constructed, or concrete or old curb reset if ad- visable, and the paving to be con- structed of one or more of the fol- lowing materials, and methods, to wit: Vibrolithic, sheet asphalt or bitul- ithic. Such 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. The street railway portion of said street shall be paved with brick between the rails and one foot outside there- of. 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 herein- before 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 26th day of January, 1925, 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 proposed resolution will be considered for passage, to be given for publication 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 assess- ment for said proposed improvement may appear and make objection to the boundaries of the proposed dis- trict if any, to the cost of the pro- posed improvement, to the amount to be assessed against any lot, and to the passage of the proposed reso- lution, and unless property owners at the time of the final considera- tion 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 objections thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of January, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the resolution be approved and placed on file for final action. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. 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 Regular Session, January 5th, 1925 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: Queen street from the north line of East 22nd street to the north line of Edward 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 methods, to -wit: By paving with Sheet Asphalt or Bitulithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street rail- way portion of said street shall be paved with between 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 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 26th day of January, 1925, 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 no- tice of the pendency of the above resolution, and of the time and place when and where said proposed reso- lution will be considered for passage, 3 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 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 property owners at the time of the final con- sideration 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 objections thereto. The above resolution was approved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of Janu- ary, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. 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 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: Bradley street from the north line of Randall street to the north line of Henderson street. 4 Resuglar Session, January 5th, 1925 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 Vibrolithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street rail- way portion of said street shall be paved with between 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 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 26th day of January, 1925, 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 no- tice of the pendency of the above resolution, and of the time and place when and where said proposed reso- lution will be considered for passage, 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 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 property owners at the time of the final con- sideration 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 objections thereto. The above resolution was approved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of Janu- ary, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Brede. Car- ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. 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 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: Seminary street from the east line of Main street to the west line of Heeb 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 he constructed of one or more of the following materials and methods, to -wit: By paving with Vibrolithic. Said paving, curb and gutter shall he constructed, and all grading done in strict accordance with the plans and specifications therefor, which have been prepared by the City Engi- neer and approved by the City Coun- Regular Session, January 5th, 1925 cil and Manager. The street rail- way portion of said street shall be paved with between 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 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 26th day of January, 1925, 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 no- tice of the pendency of the above resolution, and of the time and place when and where said proposed reso- lution will be considered for passage, 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 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 property owners at the time of the final con- sideration 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 objections thereto. The above resolution was approved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of Janu- ary, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. 5 Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved that the resolution be approved and placed on file for final action. Sec- onded by Councilmen Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. 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 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: Irving street from the north line of Delhi street to the north line of Decorah 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 methods, to -wit: By paving with Sheet Asphalt or Bitulithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street rail- way portion of said street shall be paved with between 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 6 Regular Session, January 5th, 1295 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 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 26th day of January, 1925, 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 no- tice of the pendency of the above resolution, and of the time and place when and where said proposed reso- lution will be considered for passage, 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 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 property owners at the time of the final con - sideration 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 objections thereto. The above resolution was approved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of Janu- ary, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the resolution be approved and placed on file _for final action. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. 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 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: Wood street from the north line of Julien avenue to the south line of West 14th 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 methods, to -wit: • By paving with Sheet Asphalt or Bitulithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street rail- way portion of said street shall be paved with between 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- Regular Session, January 5th, 1925 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 26th day of January, 1925, 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 no- tice of the pendency of the above resolution, and of the time and place when and where said proposed reso- lution will be considered for passage, 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 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 property owners at the time of the final con- sideration of said resolution have on file with the C'erk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. The above resolution was approved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of Janu- ary, 1926. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the resolution be approved placed on file for final action. onded by Councilman Brede. ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. 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 that and S ec- Car 7 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: Decorah street from the west line of Alta street to the East line of Irving 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 methods, to -wit: By paving with Vivrolithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street rail - way portion of said street shall be paved with - between 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 he 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 26th day of January, 1925, 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 no- tice of the pendency of the above resolution, and of the time and place when and where said proposed reso- lution will be considered for passage, 8 Regular Session, January 5th, 1925 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 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 property owners at the time of the final con- sideration 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 objections thereto. The above resolution was approved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of Janu- ary, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Petition of Ernst Mueller and wife stating that he has been notified that he has been assessed on Lots 1 -2 -3 and Lot 11 in King's Add., in the amount of $283.34 for the construc- tion of a sanitary sewer. He states that Lots 1 -2 -3 are a rock bluff about 50 feet high and not suitable for building purposes, and that Lot 11 is the only lot of some value. The four lots in question are assess- ed for taxation for $200.00 each, and he is willing to pay on a 25 per cent basis of these amounts for said lots, which would be $200.00 providing there will be no further assessments levied against this property, such as for street improvements, sidewalks, gas, sewer or water. Councilman Schrempf moved that the petition be received and filed for record and the Council view the grounds. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor Alderson, Concil- men Brede, Gabriel, Melchior, Schrempf. Nays —None. To the Honorable Mayor and City Council: The State Legislature will meet in January, and as is always the case many bills will be introduced that will directly effect every city and town in Iowa. Many of these bills, if passed, will be of the greatest injury to your people. Such bills must be defeated. On the contrary, many bills will be introduced that if passed will be of the greatest benefit to your people. Such bills should be passed. The officers and members of the Legislative Committee of the League of Iowa Municipalities are willing to give their time to this work without pay, but we cannot ask tnem to come to Des Moines and spend their time unless we pay their necessary expenses. The League of Iowa Municipalities with the present scale of dues is not in position to finance this expense. The Legislative Committee have therefore made arrangements with the secretary of the League whereby you can employ the secretary to re- port on legislative matters for you and he will take care of this and all other expenses. The committee estimates that if each city and town will pay for this service a sum equal to one -half of the annual dues in the League, that this will raise a sufficient fund for the work. This legislative work is of the greatest importance to you and the only way it can be done is by each municipality paying its share. There is no question but what you have the legal right to employ a per- son to do a particular work for you, and you can certainly employ Mr. Pierce to report on this legislative work for you. We inclose you a blank resolution and ask that you fill in the blank space, the amount of one -half your annual clues and pass at your 'next meeting. You can send the amount direct to Mr. Pierce who will send you a receipt. A detailed statement of the re- ceipts and disbursements of this fund will be made at the next an- nual meeting of the League. The Legislative Committee must know how much money it will have for this work, so as to outline a pol- icy early in January, so we ask that you take action on this request at your first meeting. Assuring you of our very best en- deavors in your behalf, we remain, A. E. GNAGY, President of League. W. A. HUNT, Chairman of Legisla- tive Committee. Councilman Brede moved that the City employ Mr. Pierce of Marshall- town to report to the Council all matters of legislation before the Forty -first session of the Legislature in which this municipality is inter- ested, and the Auditor be instructed to draw a warrant in the sum of $25.00 in favor of Frank G. Pierce as payment in full for all such services. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. City Council, Dubuque, Iowa. Gentlemen: At a council meeting on December 29th, the petition of Mrs. Anna Wild for reduction in as- sessment as levied against Sub 2 of 2 of part of Min. Lot 193, on account of the improvement of West Locust street was referred to the under- signed commmittee for investigation and report. We respectfully recommend that the assessment be reduced from $58.05 to $25.00 as the property as- sessed is considerably above West Locust street and cannot be reached from West Locust street and the lot is of comparatively little value. We would further recommend that if this reduction is approved by the Council, a warrant be drawn on the General Fund in favor of the Special Improvement Fund for $33.05 to make up for the shortage occasioned by this reduction. Respectfully submitted, O. E. CARR, City Manager. W. H. CULLEN, City Engineer. Councilman Gabriel moved that the recommendation of the City Man- ager and Engineer be approved and carried out as recommended. Sec- onded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Regular Session, January 5th, 1925 January 5th, 1925. January 5th, 1925. City Council, Dubuque, Iowa. Gentlemen: In the grading of Rockdale Road it was necessary to secure additional material beyond what was found within the road it- self. The city, therefore, excavated from the point of the bluff making a new connection between Rockdale Road and South Locust street. This was done through an under- standing with Mr. T. J. Mulgrew that he would sell what ground was nec- essary to provide this connection, to the city at the same price as he 9 sold the other property necessary for Rockdale Road. The ground belonging to Mr. Mul- grew occupied by the road as now cut off and included in this road and on South Locust street amounts to .54 of an acre. I would recommend that authority be given to purchase this property from Mr. T. J. Mulgrew for the sum of $324.00. Respectfully submitted, O. E. CARR, City Manager. Councilman Brede moved that the City Manager be authorized to pur- chase the aforesaid piece of ground from T. J. Mulgrew. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. January 5th, 1925. City Council, Dubuque, Iowa. Gentlemen: I beg to advise that the storm sewer on Roosevelt street between Lincoln avenue and Rhom- berg avenue, James Saul & Son, con- tractors, has been completed. I would therefore recommend the ac- ceptance of this work by the City. Respectfully submitted, O. E. CARR, City Manager. A Resolution. Whereas, the contract for the con- struction of a storm water sewer in Roosevelt street from Lincoln ave- nue to Rhomberg avenue has been completed, and Whereas, the City Manager has examined said work and recommend- ed its acceptance, now therefor Be it, resolved by the City Council of the City of Dubuque, that the recommendation of the Manager be approved and that the work be ac- cepted and paid for as set forth in the contract. Adopted this 5th day of January, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adop- tion of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. 10 Regular Session, January 5th, 1925 January 5th, 1925. City Council, Dubuque, Iowa. Gentlemen: In connection with the bids as received on December 10th, 1924, for the laying of a/4 -inch water services along Grandview ave- nue, the lowest bid received was that submitted by the Curtis Co. This bid was, however, contingent on being furnished the unreserved use of the sewer lateral ditches by the sewer contractor without any addi- tional expense. The price as bid by the Curtis Co. and Uhlrich -Paley Co. are identical when the extra charge for the use of the sewer lateral ditches is taken into consideration. In order to simplify the work, I would recommend that the contract be awarded to the Uhlrich -Paley Co. at their bid of $1.57 per foot for lay- ing approximately 5,000 feet of %- inch water services along South Grandview avenue. Respectfully yours, O. E. CARR, City Manager. Resolution Awarding Contract. Whereas, proposals have been sub - initted by contractors for the instal- lation of s/4 -inch water services on South Grandview avenue and Uhl- rich -Paley Co., contractors, have sub- mitted the lowest bid for .the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now th erefore, Be it resolved by the City Council of .the City of Dubuque that the con- tract for the installation of water services on South Grandview avenue be awarded to Uhlrich -Paley Co., 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 ef- fective from and after its passage and adoption by the City Council. Passed and adopted this 5th day of January, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the adoption of the resolution. Second- ed by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Schrempf. Nays —None. To the Honorable Mayor and Council of the City of Dubuque. Gentlemen: You recall that at your last meeting J discussed with you the settlement of several cases and claims which are pending against the City and received your instruction to adjust the same in the manner outlined to you at that time. The facts in these cases are familiar to you and I will not go into detail regarding the same. Jacob Fackenthal vs. City of Du- buque. An action in recovery for $500.00. Settlement recommended for $400.00. Warrant to be made payable to Walter Koerner, attorney for plaintiff. Anna Peters, March 17, 1924. Claim made for $5,000.00 on account of fall upon an icy sidewalk in front of property known as 642 Arlington street. Settlement recommended in the sum of $100.00. Warrant to be made payable to Frantzen, Bonson & Gilloon, attorneys for plaintiff. Ida M. Teal vs. City of Dubuque, March 11, 1924. Claim made for damages clue to a double fracture of the right wrist by a fall upon side- walk at 565 West 17th street. Settle- ment recommended in the sum of $70.00, the same being the actual doctor bill. Warrant to be made in favor of claimant. B. Seward vs. City of Dubuque, March 9, 1924. Claim made for per- sonal injuries consisting of a broken hip due to a fall on an icy sidewalk near the corner of Fourth and Bluff streets. Settlement of this claim was authorized some time ago, but it was not reported due to an over- sight. Amount of settlement agreed upon, $125.00, actual expense. War- rant to be made in favor of Mrs. B. Seward. Edward Horsefield vs. City of Du- buque. Claim made on account of damages sustained by a fall on an icy sidewalk abutting 1175 Center Place on February 17, 1924, resulting in a vertical fracture of the right elbow. Settlement recommended in the sum of $100.00. Warrant to be drawn in favor of claimant. Theresa Gubser vs. City of Du- buque. This case was tried a year ago and resulted in a verdict against the City for $1,500. A motion for a new trial was made by the City, ar- gued and overruled. This judgment draws interest from the time it was rendered and in addition to the judg- ment the City is obliged to pay the court costs. Before an appeal to the Supreme Court I have talked with the attorneys for the plaintiff regard- ing a settlement, and I have been able to get a very favorable proposi- Gabriel, Melchior, Regular Session, January 5th, 1925 tion from them. As I advised you at the last meeting this case can now be settled for $1,000.00. In addi- tion to that I have secured a further concession, in that the plaintiff agrees to pay the Court costs which are considerable. The accident arose from a fall upon an icy sidewalk abutting 1473 Central avenue and re- sulted in a broken hip. Warrant in the sum of $1,000.00 to be drawn in favor of Kane & Cooney and Walter Koerner, attorneys for plaintiff. Anna Koppes et al vs. City of Du- buque. This was an appeal from a condemnation award for land taken by the City for the construction of the Rockdale road. A trial was had and a verdict for $1,500.00 returned against the City. Under the law in- terest upon this amount at 5 per cent runs from the date when the property was actually taken, namely in September 1922. I have arranged a settlement in this case by the pay- ment of the amount of the judgment without interest. The City will be obliged to pay the Court costs and the attorney fees which the Court will fix. What these will be I am not in a position to say at this time. It is my belief that should this case be tried again the verdict would not be any less, but the interest would be consideraby higher and of course the Court costs and attorney fees would necessariy be more than they are now. I believe a settlement by the payment of $1,500.00 at this time would be advisable and therefor rec- ommend it. If this is agreeable a warrant for this amount should be made in favor of Frantzen, Bonson & Gilloon, attorneys for plaintiffs. In each of the above cases settle- ments are recommended only for amounts which are consideraby less than, I believe, would be secured up- on the trial of the cases, and for that reason consider them advisable and advantageous to the City. Every case has been thoroughly inves- tigated and liability established. Fuller information regarding any of these cases can be furnished if you desire it. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Melchior moved that the recommendation of the City So- licitor on the aforesaid cases be ap- proved and carried out as recom- mended, and the Auditor be instruct- ed to draw the warrants for the var- ious amounts. Seconded by Council- man Brede. Carried by the follow- ing vote: Yeas —Mayor men Brede, Gabriel, Melchior, Schrempf. Nays —None. Alderson, Council- Councilman Brede moved that the billboards and signs in the vicinity of the Quality Oil Co., in Industrial Sub. No. 2, be removed at once, and the billboards and signs in the vicin- ity of the Jaeger - Kunnert Co., also in this subdivision, be removed by April 1st, 1925. Seconded by Council- man Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf, Nays —None. Councilman Brede moved that the City Manager and the City Engineer be authorized to attend the Annual Road Show, now being held in Chi- cago. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrmepf. Nays —None. Councilman Brede moved that all garage owners be notified not to run the waste water from their wash racks into the streets or alleys, but that they must connect with the sewer. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Adopted 1925. Approved 1925. Conncilmen: Attest: City Clerk. 11 12 Special Session, January 14th, 1925 CITY COUNC1L (Official) Special Session, January 14th, 1925. Meeting called by order of Mayor Alderson and Councilman Brede. Council met at 4:30 P. M. Present—City Manager Carr, May- or Alderson, Councilmen Brede, Gab- riel, and Schrempf. Absent— Councilman Melchior. Mayor Alderson read the call and stated that service thereon had been duly made and accepted and that this meeting is called for the pur- pose of levying special assessments as provided by law to pay for the making of gas connections on the im- provements of Foye street and Ellis street, and acting on any other bus- iness that may come before the meeting. Notice of publication certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment as provided by law to pay for the making of gas connections on Foye street from the north line of West Locust street to the end of the street below Seminary street, presented. There being no remonstrance, Councilman Brede moved that the notice be received and filed. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, and Schrempf. Nays —None. Absent — Councilman Melchior. Resolved by the City Council of the City of Dubuque: That to pay for gas connections on the improve- ment of Foye street from the north line of West Locust street to the end of the street below Seminary street by Key City Gas Co., con- tractor, in front of and adjoining the same, a Special Tax be and is hereby levied on the several Lots, and parts of Lots, and Parcels of Real Estate hereinafter named, situate and owned, and for the sev- eral amounts set opposite each Lot or Parcel of Real Estate, as fol- lows: Owner Description Amount A. L. Rhomberg, Porter's Add., S. 30 ft. Lot 12; 15 lin. ft. gas pipe at 70c, $10.50; extra expense at 1 per cent. 10c; interest at 6 per cent, 9c; total $ 10.69 Melchior Burkhart', Buettell'S Sub., Lot 7; 8.5 lin. ft. gas pipe at 70c, $5.95; extra ex- pense at 1 per cert, 6c; in• terest at 6 per cent, 6c; total 6.06 H. S. Moore, Porter's Add., Lot 13; 15 lin. ft. gas pipe at 70c, $10.50; extra ex- pense at 1 per cent, 10c; in- terest at 6 per cent, 9c; total 10.69 $ 27.44 gas pipe at 70c$ 26.95 .23 .26 Total 38.5 lin. ft. per lin. ft. Interest at 6 per cent Extra expense at 1 per cent Total $ 27.44 All of which is assessed in pro- portion to the special benefits con- ferred. Approved Jan. 14th, 1925. Adopted Jan. 14th, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, Councilmen. Attest: JOHN STUBE Clerk. Councilman Gabriel moved the ad- option of the resolution. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, and Schrempf. Nays —None. • Absent — Councilman Melchior. Notice of publication certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment as provided by law to pay for the making of gas connections on the improvement of Ellis street from the north line of Almond street to the north line of West Locust street. There being no remonstrance, Councilman Brede moved that the notice be received and filed. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, and Schrempf. Nays —None. Absent — Councilman Melchior. Resolved by the City Council of the City of Dubuque: That to pay for gas connections on the improve- ment of Ellis street from the north line of Almond street to the north line of West Locust street by Key City Gas Co., contractor, in front of and adjoining the same, a Special Tax be and is hereby levied on the several Lots, and parts of Lots, and Parcels of Real Estate hereinafter named, situate and owned, and for the several amounts set opposite each Lot or Parcel of Real Estate, as follows: Special Session, January 14th, 1925 Owner Description Amount P. S. Norton, Sub. Lot 4, Cox's Add., Lot 2; 33 lin. ft. gas pipe at 70c, $2 extra ex- pense at 1 per cent, 23c; interest at 6 per cent, 20c; total 023.53 W. G. Cox, Cox's Add., Lot 5; 33 lin. ft. gas pipe at 70c, $23.10; extra expense at 1 per cent, 23c; interest at 6 per cent, 20c; total 23.53 Total $ 47.06 66 lin. ft. gas pipe at 70c per lin. ft. $ 46.20 Interest at 6 per cent .40 Extra expense at 1 per cent .46 Total $ 47.06 All of which is assessed in pro- portion to the special benefits con- ferred. Adopted Jan. 14th, 1925. Approved Jan. 14th, 1925. • JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution. .Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, and Schrempf. Nays —None. Absent — Councilman Melchior. Plat of Pinehurst Subdivision in the City of Dubuque, presented by Birdena Bush and Virginia E. B. Robinson, A. P. Abeln agent, for ap- proval. Councilman Brede moved that the plat as presented be approved and accepted by the City Council. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, and Schrempf. Nays —None. Absent — Councilman Melchior. Reports of the Dubuque City Wat- er Works, City Auditor and the City Treasurer, for the month of Decem- ber, 1924, presented for approval. Councilman Brede moved that the reports be approved, and placed on file for record. Seconded by Coun- cilman Gabriel. Carried by the the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, and Schrempf. Nays —None. Absent— Councilman Melchior. Petition of John P. Byrne, stating that he is owner of lot 8 Finley Home Add., that an assessment was 13 levied some time previous to 1921 for the improvement of Delhi street amounting to $17.05 which he did not pay, and said lot 8 was sold to the City at a tax sale. His contention is that the lot being more than 150 feet away from the improvement that he is assessed too high, and that he has already paid assessments against this lot for the improvements of Allison Place, College street and West Fifth street, and that the Coun- cil make this assessment more reas- onable, in accordance with the loca- tion of same. This assessment was levied Sept. 23rd, 1915. Councilman Brede moved that the petition be received and filed. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, and Schrempf. Nays —None. Absent — Councilman Melchior. January 14th, 1925. City Council, Dubuque, Iowa. Gentlemen: I beg to submit for your approval, as a member of the Library Board, the name of Mrs. Edith McFadden McKay. Yours very truly, JAMES ALDERSON, Mayor. Councilman Brede moved that the recommendation of the Mayor be ap- proved and Mrs. Edith McFadden McKay be appointed a member of the Library Board. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- ' men Brede, Gabriel, and Schrempf. Nays —None. Absent — Councilman Melchior. Mayor Alderson asked to be ex- cused, appointed Councilman Brede to act in his absence, and left the Council Chamber at 4:45 P. M. Councilman Brede took the May - or's Chair as Mayor pro -tem at 4:45 P. M.. Petition of Miss Minnie Sommer - feld, stating that she fell on an icy sidewalk at the rear of No. 820 West Fifth street on Hill street at 8:30 P. M. on Jan. lst, 1925 and broke her wrist. She states that she is willing to make a satisfactory set- tlement with the City as soon as she finds out the amount of the Doctor's bill. Councilman Gabriel moved that the petition be referred to the City Solicitor. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel and Schrempf, Nays —None. 14 Special Session, January 14th, 1925 Absent —Mayor Alderson and Coun- cilman Melchior. Petition of Mrs. Hattie Sutherland, stating that sho is unable to pay the assessments as levied against lot No. 960 for the making of sewer and water connections amounting to $152.16 and the improvement of West Locust street amounting to $163.43 that it has been arranged that she is to occupy the home as long as she lives, after that it will go to her husband and children. Councilman Gabriel moved that the petition be referred to the City Solicitor. Seconded by .Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel and Schrempf. Nays —None. Absent —Mayor Alderson and Coun- cilman Melchior. Petition of Mrs. Mary Junkersdorf. Referred to the City Council by the County Board of Supervisor, stating that she is a widow with two chil- dren to support, and she hereby asks that one half of her taxes against lot N. Y2 of lot 288 Davis Farm Add. be exempted. Councilman Gabriel moved that the petition be referred to the City Solicitor. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel and Schrempf. Nays —None. Absent —Mayor Alderson and Coun- cilman Melchior. Petition of Alois Bassler, object- ing to the assessment as levied against lot 40 Marsh's Add. for the cutting of weeds in 1923, stating that he had cut the weeds in June intend- ing to cut them again later in the season, and that when he returned to do so the City had already cut them. He thinks it unjust to tax him for this when he intended to cut them oftener than is required. Councilman Gabriel moved that the petition be received and filed. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel and Schrempf. Nays —None. Absent —Mayor Alderson and Coun- cilman Melchior. Councilman Melchior entered and took his seat at 4:55 P. M. Petition of G. R. Kinney & Co. Inc. asking permission to hang an electric sign in front of their place of bus- iness No. 600 Main street. Sign to project seven feet over the side- walk. Owing to the fact that the ordinance limits these .signs to six feet. Councilman Gabriel moved that the petition be referred to the Build- ing Commission to ascertain wheth- er the sign is already bought, or not, and report to the Council. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor protem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Communication of the Schrup Mo- tor Car Co., in answer to notice sent them by the Clerk as ordered by the Council, relative to the waste water from their wash rack, stating that their waste water runs into the sew- er and not into the alley. That the Chief of Police will verify this state- ment, presented. Councilman Gabriel moved that the communication be received and filed. Seconded by Councilman Schrempf. Carried by the follow- ing vote: Yeas —Mayor cilmen Gabriel, Nays —None. Absent —Mayor Alderson. pro -tem Brede, Conn- Melchior, Schrempf. Councilman Gabriel moved that the rules be suspended to give any- one present an opportunity to ad- dress the• Council. Seconded by Coun- cilman Schrempf. Carried by the following vote: Yeas —Mayor protem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None, Absent —Mayor Alderson. John A. Maclay addressed the Council in behalf of Cora Teal, who was injured in falling on an icy side- walk and allowed $70.00 by the Coun- cil at a former session, which cov- ered her Doctor's bill and medical attendance. He stated that Miss Teal lost ten weeks work on account of this injury and hereby asks the Council to reimburse her for this loss to the amount of $100.00. Councilman Gabriel moved that the matter be referred to the City Solicitor. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor protem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. January 5th, 1924. City Council, Dubuque, Iowa. Gentlemen: Miss Alicia Hoar has made application to operate a cigar- ette stand at the Merchants Hotel. She has filed a bond and paid - the regular fee of $100:00. I would there- fore recommend that a permit be Special Session, January 14th, 1925 'issued to Miss Hoar for the sale of cigarettes. Respectfully submitted, O. E. CARR, City Manager. Councilman Gabriel moved that the recommendation of the City Man- ager be approved, permit granted, and license issued. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor protem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. • Absent —Mayor Alderson. Petition of J. A. McGonagle, rela- tive to balance of special assessment against lot 10 Reeder Langworthy Add, for improvement of Alpine street levied December 9th, 1895, and sold to the City at a tax sale held on Sept. 9th, 1921 for $120.20. The prpperty has since been subdivided and Mr. McGonagle hereby offers to pay $15.00 in settlement of his one half, being north 55 feet of lot 10 Reeder Langworthy's Add. Councilman Gabriel moved that Mr. McGonagle' be notified that on payment of $25.00 the assessment will be cancelled and the tax sale certificate will be released on the north one -half of lot 10 Reeder Lang - worthy Addition, owned by him. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor protem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Quit Claim Deed to lot 2 in Ran - dall's Subdivision, J. J. Nagle and wife to the City of Dubuque, pre- sented. Councilman Schrempf moved that the Deed be accepted and made a matter of record, and the Clerk be in- structed to write Mr. Nagle a letter of thanks. Seconded by Councilman Gabriel. Carried by the following vote: , Yeas —Mayor protem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Petition of J. J. Nagle and J. K. Deming stating that the assessment against their property as described in a previous petition and on which the City Council allowed a reduction, for the improvement of Garfield avenue, was appreciated, but the as- sessment is still excessive and they hereby ask for a further reduction. Councilman Gabriel moved that the assessment be reduced to $2500 and that the City Auditor be in- structed to draw a warrant on the General Fund hi favor of the Special Assessment Fund to make up the shortage thus created. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Petition of Chris. J. Winter, ask- ing for a reduction in the assess- ment as levied against his property lot 1 Buettell's Sub., for the improve- ment of Seminary street, and which was received and filed at a previous meeting, was on the request of Mr. Winter, reconsidered. Councilman Schrempf moved that the assessment of $283.26 be reduced to $100.00 and the Auditor be in- structed to draw a, warrant for $183.26 on the General Fund in favor of the Special Assessment Fund to make up this shortage. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1925. Adopted 1925. Councilmen: Attest: City Clerk. 15 .16 Special Session, January 26th, 1925 CITY COUNCIL (Official.) Special Session January 26th, 1925. Meeting called by order of Council- men Gabriel and Brede. Council met at 4:30 P. M. Present —City Manager Carr, Coun- cilmen Brede, Gabriel, Melchior, Schrempf. Absent —Mayor Alderson. Councilman Melchior moved that Councilman Brede be appointed to act as Mayor pro -tem of this meet- ing. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas — Councilmen Gabriel, Melch- ior, Schrempf. Nays —None. Absent —Mayor Alderson. Not voting — Councilman Brede. Mayor pro -tem Brede read the call and stated that service thereof had been duly made and accepted and that this meeting is called for the purpose of adopting resolutions of necessity for the improvement of Jackson street from 32nd street to Milwaukee street, Milwaukee street from Jackson street to Central ave- nue, Queen street from 22nd street to Edward street, Bradley street from Randall street to Henderson street, Seminary street from North Main street to Heeb street, Irving street from Delhi street to Decorah street, Wood street from Julien ave- nue to West 14th street, Decorah street from Alta street to Irving street, and acting on any other busi- ness that may come before the meet- ing. Notice of publication, certified to by the publisher, that there will be before the City Council for passage and adoption January 26th, 1925, a resolution of necessity for the im- provement of Jackson street from the north line of 32nd street to the north line of Milwaukee street. There being no remonstrance, Councilman Gabriel moved that the notice be received and filed. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilman Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. 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 improvemnt 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 improvements, as hereinafter described, in, upon and along the following streets, to- wit: - Jackson street from the of East 32nd street to the of Milwaukee 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 methods, to -wit: By paving with Vibrolithic, Sheet Asphalt or Bitulithic. north line north line 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 Engi- neer and approved by the City Coun- cil and Manager. The street rail- way portion of said street shall be paved with Vibrolithic between 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 defiviency 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 herein - before set forth, and that this pro- posed resolution, except this para- graph, be and the same is hereby set down for further and final hearing, consideration and determination at a meeting of this Council to be held on the 26th day of January, 1915, 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 L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. The foregoing resolution of neces- sity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 26th day of January, -1925. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, 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 remonst- rance has been filed with the Coun- cil signed by 60 per cent of the prop- erty owners and by the owners of 75 per cent of the property subject to assessment. - - JOHN STUBER, City Clerk. Councilman Gabriel moved the adoption of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: ' Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. - - Absent —Mayor Alderson. Special Session, January 26th, 1925 where said proposed resolution will be considered for passage, to be given for publication in the official newspapers of said city, in the man- ner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed improvements may ap- pear and make objections to the boundaries of the proposed district if any, to the cost of the proposed im- provement, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolu- tion, and unless 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 approved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of Jan- uary, 1925. - Attest: JOHN STUBER, City Clerk. JAMES ALDERSON, Mayor. 17 Resolution Ordering Construction of Paving, Curb and Gutter and Directing Clerk to Adver- tise for Bids. Be it resolved by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity, pro- posed at a meeting of this Council on the 5th day of January, 1925, and duly passed on the 26th day of Jan- uary, 1925, it is hereby ordered by this Council, upon its own motion and without petition of property owners, that the street improvements described in said resolution be con- structed,-' the same - consisting of grading, paving, curb and gutter in, upon and along the following named street, to -wit: Jackson street from the north line of East 32nd street to the north line of Milwaukee street. The curb and gutter shall be of concrete construction or old stone curb may be reset where advisable. All underground connections with sewer, water and gas mains shall be made to the curb lines in the man - ner and within the time specified in a resolution heretofore adopted therefor. The street shall be paved with either vibrolithic, sheet asphalt or bitulithic. The street railway portion of the street shall be paved with vibrolithic between the rails and one foot out- side thereof. All of the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be it further resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of said improvements, as provided by law, which improvements shall be com- pleted on or before the 1st day of November, 1925. The cost and expense of said im- provements will be paid for by levy• ing special assessments against the privately owned property abutting upon said improvements and also against property which does not abut but which lies within the assessable distance prescribed by law, accord- ing to the area thereof and in pro- portion to the special benefits con- ferred, and payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payment of assessments as provided by law and any deficiency will be paid out of the general fund or the improve- ment fund, or partly from each of said funds. - This resolution being deemed ur- gent and of immediate necessity, shall be in force and effect from and after its passage and adoption by the City Council. 18 Special Session, January 26th, 1925 Passed, adopted and approved this 26th day of January, 1925. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the adoption of the resolution. Second- ed by Councilman Schrempf. Car ried.by the following vote: Yeas —Mayor pro -tern Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent— Mayor Alderson. Notice of publication, certified to by the publisher, that there will be before the Council for passage and adoption January 26th, 1925, a reso- lution of necessity for the improve- ment of Milwaukee street from the west line of Jackson street to the east line of Central avenue. There being no remonstrance, Councilman Gabriel moved that the notice be received and filed. Second- ' ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution of Necessity for Street Improvement. Whereas, a plat and schedule has been duly prepared by the City Coun- cil 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 improvemnt 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: Milwaukee street from the West line of Jackson street to the east line of Central avenue. Said street improvement shall and on- sist of grading, paving, curb ter, such curb and gutter to be con- structed of concrete or old curb re- set, if advisable, and the paving to be constructed of one or more of the following materials and methods, to -wit: By paving with Vibrolithic, Sheet Asphalt or Bitulithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street rail- way portion of said street shall be paved with between 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 herein- before set forth, and that this pro- posed resolution, except this para- graph, be and the same is hereby set down for further and final hearing, consideration and determination at a meeting of this Council to be held on the 26th day of January, 1925, 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 resolu- tion, and of the time and place when and where said proposed resolution will be considered for passage, to be given for publication in the official newspapers of said city, in the man- ner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed improvements may ap- pear and make objections to the boundaries of the proposed district if any, to the cost of the proposed improvement, to the amount pro- posed to be assessed against any lot, and to the passage of the proposed resolution, and unless property own- ers at the time of the final consider- ation 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 objections thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of January, 1925. Attest: JOHN STUBER, City Clerk. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. The foregoing resolution of neces- sity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 26th day of January, 1925. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, 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 remonst- rance has been filed with the Conn- ell signed by. 60 per cent of the property owners and by the owners of 15 per cent of the property sub- ject to assessment. JOHN STUBER, City Clerk. Councilman Gabriel moved the adoption of the resolution. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution Ordering Construction of Paving, Curb and Gutter and Directing Clerk to Adver- tise for Bids. Be it resolved by the City Council of the City of Dubuque that pursu- ant to a Resolution of Necessity, pro- posed at a meeting of this Council on the 5th day of January, 1925, and duly passed on the 25th day of Janu- ary, 1925, it is hereby ordered by this Council upon its own motion and without petition of property owners, that the street improvements de- scribed in said resolution be con- structed, the same consisting of grading, paving, curb and gutter in, upon and along the following named street, to wit: Milwaukee street from the west line of Jackson street to the east line of Central avenue. The curb and gutter shall be of concrete construction, or old stone curb may be reset where advisable. All underground connections with sewer, water and gas mains shall be made to the curb lines in the man- ner and within the time specified in a resolution heretofore adopted Special Session, January 26th, 1925 19 therefore. The street shall be paved with either v,brolithic, sh eet as- phalt or bitulithic. All of said work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for pro- posals for the construction of said improvement as provided by law, which improvements shall be com- pleted on or before the 1st day of November, 1925. The cost and expense of said im- provements will be paid for by levy- ing special assessments against the privately owned property abutting upon said improvement and also against property which does not abutt but which lies within the as- sessable distance prescribed by law, according to the area thereof and in proportion to the special bene- fits conferred, and payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payment of assessments as provided by law and any deficiency will be paid out of the general fund or the improvement fund, or partly from each of said funds. This resolution being deemed ur- gent and of immediate necessity, shall be in force and effect from and after its passage and adoption by the City Council. - Passed, adopted and approved this 26th day of January, 1925. Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent — Mayor Alderson. Notice of publication, certified to by the publisher that there will be before the Council for passage and adoption January 26th, 1925 a reso- lution of necessity for the improve- ment of Queen street from the north line of East Twenty - Second street to the north line of Edward street. There being no remonstrance; Councilman Gabriel moved that the notice be received and filed. Second- ed by Councilman Schrempf. Car- ried by the following vote: 20 Special Session, January 26th, 1925 Be it further resolved that the above and foregoing street improve- ments are hereby proposed to be made and constructed as herein - before set forth, and that this pro- posed resolution, except this para- graph, be and the same is hereby set down for further and final hearing, consideration and 'determination at a meeting of this Council to be2held on the 26th day of January, 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 resoluc tion, and of the time and place when and where said proposed resolution will be considered for passage, to be given for publication in the official newspapers of said city, in the man- ner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed improvements may appear and make objection, to the boundaries of the proposed- district if any, to the cost of the proposed im- provement„ to the amount proposed to be assessed against any lot, and to the passage of the proposed reso- lution and unless 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 assessment, they shall be deemed to have waived all objections. thereto. The above resolution was ap- proved and ordered placed on file, for final action and notice of its pendency ordered given this 5th day of January, 1925. Attest: JOHN STUBER, City Clerk. JAMES ALDERSON, Mayor. Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution of Necessity for Street Improvement. Whereas, a plat and schedule has been duly prepared by the City Coun- cil 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 dif- ferent 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 improvements, as hereinafter described, in, upon and along the following streets, to- wit: Queen street from the north line of East 22nd street to the north line of Edward street. Said street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old stone curb reset, if advisable, and the pav- ing to be constructed of one or more of the following materials and meth- ods, to wit: By paving with Sheet Asphalt or Bitulithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street railway portion of said street shall be paved with between 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 street railway portion of said street shall be assessed to and paid by said street .railway. - - L. H. BREDE, THEO. GABRIEL, - ED. SCHREMPF, H. G. MELCHIOR, Councilmen. The foregoing resolution of neces- sity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 26th day of January, 1925. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, 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 remonst- rance has been filed with the Coun- cil signed. by 60 per cent of the property owners and by the owners of 75 per cent of the property sub- ject to assess JOHN STUBER, City Clerk. Councilman Gabriel moved the adoption of the resolution Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution Ordering Construction of Paving, Curb and Gutter and Directing Clerk to Adver- tise for Bids. Be it resolved by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity, pro - posed at a meeting of this Council on the 5th day of January, 1925, and duly passed on the 26th day of Jan- uary, 1925, it is hereby ordered by this Council, upon its own motion and without petition of property owners, that the street improve- ments described in said resolution be constructed, the same consisting of grading, paving, curb and gutter in, upon and along the following named street, to -wit: Queen street from the north line of East 22nd street to the north line of Edward street. The curb and gutter shall be of concrete construction, or old stone curb may be reset where advisable. All underground connections with sewer, water and gas mains shall be made to the curb lines in the man- ner and within the time specified in a resolution heretofore adopted therefor. The street shall be paved with either sheet asphalt or vibro- lithic. All of the work shall be construct- ed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for pro- posals for the construction of said improvements, as provided by law, which improvements shall be com- pleted on or before the lst day of November, 1925. The cost and expense of said im- provements will be paid for by levy- ing special assessments against the privately owned property abutting upon said improvement and also against property which does not abut but which lies within the assessable distance prescribed by law, accord- ing to the area thereof and in pro- portion to the special benefits con- ferred, and payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payment Special Session, January 26th, 1925 21 of assessments as provided by law and any deficiency will be paid out of the General Fund or the Jmprove- ment Fund, or partly from each of said funds. This resolution being deemed ur- gent and of immediate necessity, shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 26th day of January, 1925. L. H. BREDE, THEO. GABRIEL, , ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the adoption of the resolution. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor pro -teen Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Notice of publication, certified to by the publisher, that there will be before the Council for passage and adoption January 26th, 1925, a reso- lution of necessity for the improve- ment of Bradley street from the north line of Randall street to the north line of Henderson street. There being no remonstrance, Councilman Gabriel moved that the notice be received and filed. Sec- onded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Councilman Melchior moved that the resolution be amended by adding after the word Vibrolithic (or plain concrete). Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tern Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution of Necessity for Street Improvement. Whereas, a plat and schedule has been duly prepared by the City Coun- cil 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: 22 Special Session, January 26th, 1925 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:: Bradley street from the north line of Randall street to the north line of Henderson street. Said street improvement shall con- sist of grading, paving, curb and gut- ter, such curb and gutter to be con- structed of concrete or old stone curb reset if advisable, and the pav- ing to be constructed of one or more of the following materials and meth- ods, to wit: • By paving with vibrolithic or plain concrete. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefore, 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 between the rails and one foot outside there- of. 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 pro- posed resolution, except this para- graph, be and the same final hear- set down for further and ing, consideration and determination at a meeting of this Council to be held on the 26th day of January, 1925, 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 no- tice 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 reso- lution have on file with the Clerk ob- jections to the amount of the pro- posed assessments, they shall be deemed to have waived all objections thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 5th day of January, JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of necess- ity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 26th day of January, 1925. Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, 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 sixty per cent of the property owners and by the owners of seventy -five per cent of the prop- erty subject to assessment. JOHN STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution as amended. Seconded by Councilman Schrempf. Carried by the following vote: • Yeas —Mayor pro -tens Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Special Session, January 26th, 1925 Resolution Ordering Construction of Paving, Curb and Gutter and Directing Clerk to Adver- tise for Bids. Be it resolved by the City Coun- cil of the City of Dubuque that pur- suant to a Resolution of Necess- ity, proposed at a meeting of this Council on the 5th day of January, 1925, and duly passed on the 26th day of January, 1925, it is hereby ordered by this Council upon its own motion and without petition of property owners, that the street im- provements described in said reso- lution be constructed, the same con- sisting of grading, paving, curb and gutter in, upon and along the fol- lowing named streets, to wit: Bradley streets from the north line of Randall street to the north line of Henderson street. The curb and gutter shall be of concrete construction, or old stone curb may be reset where advisable. All underground connections with sewer, water and gas mains shall be made to the curb lines in the man- ner and within the time specified in a resolution heretofore adopted therefore. The street shall be paved with • vibrolithic or plain concrete. All of the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for pro- posals for the construction of said improvements, as provided by law, which improvements shall be com- pleted on or before the 1st day of November, 1925. The cost and expense of said im- provements will be paid for by levy- ing special assessments against the privately owned property abutting upon said improvement and also against property which does not abutt but which lies within the as- sessable distance prescribed by law, according to the area thereof and in proportion to the special bene- fits conferred ,and payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payment of assessments as provided by law and any deficiency will be paid out of the general "fund or the improvement fund, or partly from each of said funds. This resolution being deemed ur- gent and of immediate necessity, shall be in force and effect from and aCity fter its passage and adoption by the Council. 23 Passed, adopted and approved this 26th day of January, 1925. Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tern Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Notice of publication, certified to by the publisher that there will be before the Council for passage and adoption January 26th, 1925, a reso- lution of necessity for the improve- ment of Seminary street from the east line of Main street, to the west line of Heeb street. There being no remonstrance, Councilman Gabriel moved that the notice be received and filed. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution of Necessity for Street Improvement. Whereas, a plat and schedule has been duly prepared by the City Coun- cil 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 improvements, as hereinafter described, in, upon and along the following street, to wit: Seminary street from the east line of Main street to the west line of Heeb street. Said :street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old stone 24 Special Session, January - 26th, 1925 curb reset, if advisable, and the pav- ing to be constructed of one or more of the following materials and moth - ods, to wit: By paving with vibrolithic. Said paving, curb and gutter shall be constructed, and all grading done in strict accordance with the plans and specifications therefore, 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 between 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 a1,a nst all privately owned property waaler abutting or not and lying Nvichin the asse3Tt.!1e d.etance pre- scribed by law, according to the area there.?, and in pf)pc•rtio 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, consider- ation and determination at a meet- ing of this Council to be held on the 26th day of January, 1925, 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 here- by instructed to cause notice of the pendency of the above resolution, and of the time and place when and where said proposed resolution will be considered for passage, to be giv- en for publication in the official newspapers of said city, in the man- ner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed improvement may ap- pear and make objection to the boundaries of the proposed district if any, to the cost of the improve- ment, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution and unless 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 5th day of January, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. JOHN STUBER, City Clerk. The foregoing resolution of necess- ity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 26th day of January, 1925. Attest: Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, 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 sixty per cent of the property owners and by the owners of seventy -five per cent of the prop- erty subject to assessment. JOHN STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution Ordering Construction of Paving, Curb and Gutter and Directing Clerk to Adver- tise for Bids. Be it resolved by the City Coun- cil of the City of Dubuque that pur- suant to a Resolution of Necessity, proposed at a meeting of this Coun- cil on the 5th day of January, 1925, and duly passed on the 26th day of January, 1925, it is hereby ordered by this Council, upon its own motion and without petition of property owners, that the street improve- ments described in said resolution be constructed, the same consisting of grading, paving, curb and gutter in, upon and along the following named street, to -wit: Seminary street from the east line of Main street to the west line of Heeb street. The curb and gutter shall be of concrete construction, or old stone curb may be reset where advisable. All underground connections with sewer, water and gas mains shall be made to the curb lines in the man- ner and within the time specified in a resolution heretofore adopted therefor. The street shall be paved with vibrolithic. All of the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of said improvement, as provided by law, which improvements shall be com- pleted on or before the 1st day of November, 1925. The cost and expense of said im- provements will be paid for by levy- ing special assessments against the privately owned property abutting upon said improvement and also against property which does not abut but which lies within the assessable distance prescribed by law, accord- ing to the area thereof and in pro- portion to the special benefits con- ferred, and payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payment of assessments as provided by law and any deficiency will be paid out of the General Fund or the Improve- ment Fund, or partly from each of said funds. This resolution being deemed ur- gent and of immediate necessity, shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 26th day of January, 1925. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the adoption of the resolution. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Notice of publication, certified to by the publisher, that there will be before the Council for passage and adoption a resolution of necessity for the improvement of Irving street from the north line of Delhi street to the north line of Decorah street. There being no remonstrance, Councilman Gabriel moved that the notice be received and filed. Sec- Special Session, January 26th, 1925 25 onded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution of Necessity for Street Improvement. Whereas, a plat and schedule has been duly prepared by the City Coun- cil 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 dif- ferent 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 improvements,' as hereinafter described, in, upon, and along the following streets, to- wit: Irving street from the north line of Delhi street to the north line of Decorah street. Said street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old stone curb reset, if advisable, and the pav- ing to be constructed of one or more of the following materials and meth - ods, to wit: By paving with Sheet Asphalt or Bitulithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street railway portion of said street shall be paved with between 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 26 Special Session, January 26th, 1925 erty owners and by the owners of 75 per cent of the property subject to assessment. 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 herein - before set forth, and that this pro- posed resolution, except this para- graph, be and the same is hereby set dawn for further and final hearing, consideration and determination at a meeting of this Council to be held on the '26th day of January, 1925, 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 resolu- tion, and of the time and place when and where said proposed resolution will be considered for passage, to be . given for publication in the official newspapers of said city, in the man- ner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed improvements may ap- pear and make objection to the boun- daries of the proposed district if any, to the cost of the proposed improve- ment, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution and unless 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 objec- tions thereto. The above resolution was approved and ordered placed on file for final action, and notice of its pendency ordered given this 5th day of Jan- uary, 1925. Attest: JOHN STUBER, City Clerk. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. The foregoing resolution of neces- sity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 26th day of January, 1925. L. H. BREDE, THEO. G'ABRIEL, ED. SCHREMPF, H. G. MELCHIOR, 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 remonst- ranee as been h b filed with the Conn- JOHN. STUBER, City Clerk. Resolution Ordering Construction of Paving, Curb and Gutter and Directing Clerk to Adver- tise for Bids. Be it resolved by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity, pro- posed at a meeting of this Council on the 5th day of January, 1925, and duly passed on the 26th day of Jan- uary, 1925, it is hereby ordered by this Council upon its own motion and without petition of property owners, that the street improvements de- scribed in said resolution be con- structed, the same consisting of grading, paving, curb and gutter in, upon and along the following named street, to -wit: Irving street from the north line of Delhi street to the north line of Decorah street. The curb and gutter shall be of concrete construction or old stone curb may be reset where advisable. All underground connections. with sewer, water and,gas mains shall be made to the" curb lines in the man- ner and• within the time specified in a resolution heretofore adopted therefor. The street shall be paved with bitulithic or sheet asphalt. All of the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of said improvements,, as provided by law, which improvements shall be com- pleted on or before the 1st day of November, 1925. The cost and expense of said im- provements will be paid for by levy- ing special assessments against the privately owned property abutting upon said improvement and also against property which does not abut but which lies within the assessable distance prescribed by law, accord- ing to the area thereof and in pro- portion to the special benefits con- ferred, and payment will be made to the contractor out of funds• realized from the sale of bonds to be issued in anticipation of deferred, payment of assessments as. provided by law and any deficiency will be paid out of the General Fund or the Improve= ment Fund, or partly from each of said funds. resolution being deemed ur- g ent and of immediate necessity, cil signed by 60 per cent of the prop- shall be in force and effect from and after its passage and adoption, by the City Council. Passed, adopted and approved this 26th day of January, 1925. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman. Gabriel moved the adoption of the resolution. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent — Mayor. Alderson; Notice of publication„ certified to by the publisher, that there will be before the Council for passage and adoption. January 26th, 1925, a reso- lution of necessity for the improve- ment of Wood street from the north line of Julien avenue to the south line of West 14th street. - There being no remonstrance, Councilman Gabriel moved that the notice be received and filed. Sec- onded by. Councilman Schrempf: Carried by the following vote: Yeas — Mayor pro -tem. Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. - Absent — Mayor Alderson. Resolution of Necessity for Street Improvement. Whereas, a plat and, schedule has been duly prepared by the City Coun- cil 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 dif- ferent 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, Jowa, on its own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improvements, as hereinafter described in, upon and along the following streets, to- wit: - Wood street front the north line of Julien avenue to the south line of West 14th; street. Said street improvement shall con slat of grading, paving, curb and gutter-,, such curb, and gutter to be constructed of concrete or old stone curb reset,. if advisable,. and the pav- ing to be constructed. of one or more Special Session, January 26th, 1925 27 of the following materials and meth- ods, to wit: By paving with Sheet Asphalt or Bitulithic. 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 Engi- neer and approved by the City Coun- cil and Manager. The street railway portion of said street shall be paved with between the rails and one foot outside thereof. That the cost and expense of 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 herein - before set forth, -and: that this pro- posed resolution, except this para- graph, be and the same is hereby set down for further and final hearing, consideration and determination at a meeting of this Council to be held on the 26th day of January, 1925, 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 fo the pendency of the above resolu- tion, and of the time and place when and where said proposed resolution will be considered for passage, to be given for publication in the official newspapers of said. city, in the man- ner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed- improvements may ap- pear and make objection to the boun- daries of the proposed district if any, t othe cost of the proposed improve- ment ,to the amount proposed to be assessed against any rot,. and to the passage of the proposed resolution, and unless 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. assessment, they shall be deemed to have waived all. objec- tions- thereto. The above resolution was approved and ordered placed, on file for final action, and- notice of its pendency or- I ' llil I l l I I IC I I I , II it II 28 Special Session, January 26th, 1925 . therefor. The street shall be paved with either sheet asphalt or bitu- lithic. All of the work shall be construct- ed in accordance with the plans and specifications' heretofore adopted and now on file in the office of the City Clerk. Be it further' resolved that the City Clerk be and he is hereby ordered and directed to advertise for pro- posals for the construction of said improvements, as provided by law, which improvements shall be com- pleted on or before the 1st day of November, 1925. The cost and expense of said im- provements will be paid for by levy- ing special assessments against the privately owned property abutting upon said improvement and also against property which does not abut but which lies within the assessable distance prescribed by law, accord- ing to the area thereof and in pro- portion to the special benefits con- ferred, and payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payment of assessments as provided by law and any deficiency will be paid out of the General Fund or the Improve- ment Fund, or partly from each of said funds. This resolution being deemed ur- gent and of immediate necessity, shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 26th day of January, 1925. L. H. BREDE, L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the adoption of the resolution. Seconded by Councilman Schrempf. Carried by the following_ vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Notice of publication, certified to by the publisher that there will be before the Council for passage and adoption, January 26th, 1925, a reso- lution of necessity, for the improve- ment of Decorah street from the west line of Alta street to the east line of Irving street. There being no remonstrance, Councilman Gabriel moved that the notice be received and filed. Sec- onded by Councilman Schrempf. Car- ried by the following vote: dered given this 5th day of January, 1925. Attest: JOHN STUBER, City Clerk. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. The foregoing resolution of neces- sity was passed, adopted and ap- proved, as proposed, by the City Council of the City of Dubuque, this 26th day of January, 1925. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, 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 remonst- rance has been filed with the Coun- cil signed by 60 per cent of the prop- erty owners and by the owners of 75 per cent of the property subject to assessment. JOHN STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution. Seconded by Cuncilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tern Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution Ordering Construction of Paving, Curb and Gutter and Directing Clerk to Adver- tise for Bids. Be it resolved by the City Council of the City of Dubuque that pursuant to a Resolution of Necessity, pro- posed at a meeting of this Council on the 5th day of January, 1925, and duly passed on the 26th day of Jan- uary, 1925, it is hereby ordered by this Council upon its own motion and without petition of property owners, that the street improvements described in said resolution be con- structed, the same consisting of grading, paving, curb and gutter in, upon and along the following named street, to -wit: Wood street from the north line of Julien avenue to the south line of West 14th street. The curb and gutter shall be of concrete construction, or old stone curb may be reset where advisable. All underground connections with sewer, water and gas mains shall be made to the curb lines in the man- ner and within the time specified in a resolution heretofore adopted Mayor. Special Session, January 26th, 1925 29 Yeas —Mayor pro -tern Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Councilman Melchior moved that the resolution be amended by add- ing after the word vibrolithic, (or plain concrete). Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Resolution of Necessity for Street Improvement. Whereas, a plat and schedule has been duly prepared by the City Coun- cil of the City of Dubuque and now on file in the office of the Cle: k 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 street named in this resolution: Be it therefore, resolved by the City Council of the City of Dubuque, Iowa, on it own motion: That it is deemed necessary and advisable to build, construct and put in place certain street improvements, as hereinafter described, in, upon and along the following streets, to wit: Decorah street from the west line of Alta street to the east line of Irv- ing street. Said street improvement shall con- sist of grading, paving, curb and gutter, such curb and gutter to be constructed of concrete or old stone curb reset, if advisable, and the pav- ing to be constructed of one or more of the following materials and meth- ods, to wit: By paving with vibrolithic or plain 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 between the rails and one foot outside thereof. That the cost and expense of mak- The foregoing resolution of necess- ing and constructing said improve- ity was passed, adopted and ap- ments shall be assessed upon and proved, as proposed, by the Gity against all privately owned property Council of the City of Dubuque, this whether abutting or not and lying 26th day of January, 1925. 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 meet- ing of this Council to be held on the 26th day of January, 1925, 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 reso- lution., 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 improvement may appear and make objection to 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 property owners at the time of the final con- sideration 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 objections thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pend- ency ordered given this 5th day of January, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Mayor. 30 Special Session, January 26th, 1925 L. H. BREDE, THE_ O. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN ST-OClerk. 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 sixty per cent of the property owners and by the owners of seventy -five per cent of the prop erty subject to assessment. JOHN STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution as amended. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro,tem Brede, Conn,- cilmen Gabriel, Melchior, Schrempf. Nays — None Absent —Mayor Alderson. Resolution Ordering Construction of Paving, Curb and Gutter and Directing Clerk to Adver- tise for Bids. Be it resolved by the City Council of the City of Dubuque that pursu- ant to a Resolution of Necessity, proposed at a. meeting of t oun cil on the 5th day and duly passed on the 26th day of January, 1925, it is hereby ordered by this Council upon its own motion and without petition of property own- ers, that the street improvements described in said resolution be con- structed, the same consisting of grad= ing, paving, curb and gutter, in, up on and along the following named street to wit: Decorah street from the west line of Alta street to the east line of Irving street. The curb and gutter shall be of concrete construction or old stone curb may be reset where advisable. All underground connections with sewer, water and gas mains shall be made to the curb lines in the man- ner and within the time specified in a resolution heretofore adopted therefore. The street shall be paved with vibrolithic or plain concrete All the work shall be constructed in accordance with the plans -and speci- fications. heretofore adopted and now on file in the office of_ the - City Clerk. Be it further resolved that the City Clerk be and he is hereby or- dered, and directed to advertise for proposals for. the construction by said improvements, as p' l law, which improvements shall be complete on or before the 1st day of January, 1925.. The cost and expense of said im- provements will be paid for by levy- ing special assessments against the privately owned property abutting upon said improvement does also against property not abutt but which lies within the as- sessable distance prescribed by law, according to the area thereof and in proportion to the special benefits conferred, and payment will be made to the contractor out of funds real- ized from the sale. of bonds to be issued in anticipation of deferred payment of assessments as provided by law and any deficiency will be paid out of the improv em ent fund, or fund, o partly' from each of - said funds. This resolution being deemed ur- gent and of immediate necessity, shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 26th day of January, appr Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN ST ME Clerk. Councilman Gabriel moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried' by the following vote: Yeas —Mayor prortem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Notice of claim against the City of Dubuque for $10,000 filed by Jos- ephine Gantenbein, Fabian Beckett her attorney on account of personal injuries sustained in falling on an icy sidewalk in front of the Luther Tin Shop, near. 22nd and Central avenue, Dec. 20th, 1924 presented, Councilman Melchior moved that the claim be referred to the City Solicitor. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Remonstrance of Henry G. Young, against the assessment . as levied against lots 13 and 14 Julia Lang - worthy's Add., for the cutting of weeds. Stating that these lots are 300 feet from any residence,, at- the extreme end of Solon street which is not inlproved' and seldom used; and he thinks the assessment un- necessary and' unjust: Councilman Melchior moved that the petition be referred to the City Special. Session, Engineer for investigation and re port. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent—Mayor Alderson. Petition of Herman O: Dietrich, stating that he overlooked the fact that the assessment levied against his 'property lot No. 10• Cox's- Add: amounting to $168.25, for the im- provement of Seminary street was due to. be paid Nov. 14th, 1924, and when he wanted to pay the first in- stallment, the Treasurer informed him that the whole assessment is now due: He therefore petitions' the City Council to allow him to pay this assessment on the installment plan, as it will work a hardship on him to pay the whole amount at one time. Councilman Gabriel moved that the prayer of the petition be granted and the Treasurer be so notified. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel; Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Petition of Flank Schmitt, stating that owing to adverse circumstances, he was unable to pay the first assess- ment against his property, lot 4 Tscliirgi and Schwind's•Add., for the improvement of Julien avenue, when it was due, and he hereby petitions the City Council to allow him to pay these assessments on the in- stallment plan. Councilman Gabriel. moved that the prayer of the petition be. granted. Seconded, by Councilman Schrempf. Carried by the following vote: Yeas- Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays =None. Absent Mayor Alderson, Petition of Matilda Huber, offering to settle the delinquent assessment against lot 5 Fortune's Sub. Stating that owing to sickness- and other cir- cumstances she was unable to pay said assessment and the property was sold to the City at a tax sale. The original assessment was $119.94, together with interest and costs it now amounts to $143.49, which amount she now offers to pay. Councilman Gabriel moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro-tem Brede, Coun- cilmen Gabriel, Melehior, Schrempf. Nays — None: Absent—Mayor Alderson. :anuary 26th, 1925 31 Petition of Mrs. Alice McCune, Harlan McCune, and John and Den- nis McGrath, remonstrating against the assessments as levied against lots 5, 9, 8 and 10 in McGrath's Sub. for the improvement of Kirkwood street. Stating that the lots are mostly high bluffs and that some of these lots do not abutt on the street. They ask that the Council investi- gate- and reduce the assessments. Councilman Gabriel moved that the Council view the grounds. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas — Mayor. pro-tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. To the Honorable Mayor and Coun- cil of the City of Dubuque: Gentlemen: _I beg to advise that the Clerk of the District Court has handed me a statement of the Court Costs and Attorney's fees in the case of Anna Koppes vs. City of Dubuque; the same being occasioned by the trial which involved an ap- peal from, the award of the Sheriff's jury in connection with the property taken by the City for the Rockdale Road. The Court costs amount to $153.40. The Attorney's fees fixed by the Court are $500.00, this makes a total of $6.53.40. The reason. the Court costs and Attorney's fees may appear high is because quite a number of witnesses testified in the case and they were required to be present practically all the time the trial was in pro- gress. The trial covered five and one -half days. Kindly authorize a warrant drawn in favor. of M. J. Grace, Clerk of the District Court for $653.40. Respectfully. submitted; M. H: CZIZEK, City Solicitor. Councilman Gabriel moved that the request of the City Solicitor be complied with and the Auditor be instructed to draw a warrant in the sum of $x53.40 in favor of M. J. Grace, Clerk of the District Court payment in full for above cost's. Sec- onded. by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson: Renlewal certificate of Plumbers excavation bond of A. J: LeVan, pre- sented. Lt' being properly executed, Coun- cilman Melchior moved that it be received' and placed' on file. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas — Mayor gratem Brede; Coun- ciltnen Gabriel; Melchior, Schrempf. 32 Special Session, January 26th, 1925 Nays —None. Absent —Mayor Alderson. Council proceedings for the month of October, 1924, presented for ap- proval. Councilman Gabriel moved that they be approved and adopted as printed and placed on file. Second- ed by Councilman Schrempf. Car- ried by the following vote. Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Petition of Ernest Mueller, offer- ing settlement for special assess- ment against his property, levied for the construction of a sanitary sewer in King's Grove Addition. Councilman Gabriel moved that the Council view the grounds. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Petition of G. R. Kinney Co. Inc., presented to the Council at a meet- ing held Jan. 14th for permission to erect an electric sign, and referred to the Building Commissioner for in- vestigation and report. The Com- missioner reports that Kinney Co. have a contract with a Sign Co., for all electric signs used by their stores throughout the country, and if they cannot use this standard sign they will not be able to erect an elec- tric sign. The sign with brackets to fasten it will extend over the side- walk 6 feet 6 inches. Councilman Melchior moved that the Kinney Co. be granted permis- sion to erect this sign under the proper stipulations. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent — Mayor Alderson. City Council, Dubuque, Iowa. Gentlemen: On April 1, 1924, I addressed my last letter to the Coun- cil with reference to the assessment as levied against Geo. Sears on ac- count of the improvement of Shiras Road. The assessment as levied amount- ed to $1420. Our understanding was that the other people who desired the road would contribute one -half of the assessment as levied against Geo. Sears, which they agreed to do. So far as I know contributions to the amount of $61.00 have been made. I believe at the time of my letter the matter was referred to the City Solicitor to collect if possible, ad- ditional money on the promises. Un- less he has been successful in doing this, I would._ recommend that the assessment as levied against Lot 1 of the N. 1/2 of M. L. 309A, be re- duced from $710 to $61.00. In case this recommendation meets with the approval of the Coun- cil I would further recommend that a 'warrant be drawn on the General Fund in fc vor of the Special im- provement Fund in the sum of $649 to make up for this reduction. Respectfully sumbitted, O. E. CARR, City Manager. Councilman Gabriel moved that the recommendation of the City Manager be approved, and carried out as recommended. The City Treasurer and Auditor be instructed accordingly. Seconded by Council- man Melchior. Carried by the fol- lowing vote: Yeas —Mayor pro -tern Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Councilman Melchior moved that the City sell to the Quality Oil Co. Lots 2, 12, 13, 14, 15 and 16 in In- dustrial Subdivision . No. 2 for $4,508.25 and upon receipt of said sum the Mayor and City Clerk be authorized to execute a deed for same. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas — Mayor. pro -tern Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Councilman Melchior moved that the City Solicitor be instructed to draft an ordinance creating an Ath- letic Commission of five (5) mem- bers, the City Solicitor, and one mem- ber of the Council to be members of said Board. Seconded by Council- man Schrempf. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Brede, Coun- cilman Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. There being no further business, Council adjourned. JOHN STUBER, City Clerk. 1925. 1925. Approved Adopted Councilmen Attest: City Clerk. Regular Session, February 2nd, 1925 CITY COUNCIL (Official) Regular Session, February 2nd, 1925. Council met at 4:30 P. M. Present —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Absent — Councilman Melchior. Mayor Alderson stated that this is the regular monthly meeting of the City Council for the purpose of acting on any business that may reg- ularly come before it. Notice of publication, certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment as provided by law, to pay for the construction of sidewalks abutting lots 2 and 5 Reche's Sub. lot 18 Grandview Heights Add. and lot 12 Stewart's Sub. There being no remonstrance, Councilman Brede moved that the notice be received and filed. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent— Councilman Melchior. Resolved by the City Council of the City of Dubuque: That to pay for constructing cement sidewalks by Thos. E. Byrne, contractor, in front of and adjoining the same, a Special Tax be and is hereby lev- ied on the several Lots, and Parts of Lots, and Parcels of Real Estate hereinafter named, situate and own- ed, and for the several amounts set opposite each Lot or Parcel of Real Estate, as follows: Owner Description Amount University of Dubuque, Reches Sub., Lot 2; cement side - Sub., Lot 2; 317 sq. feet. ce- ment sidewalk at 16%c, $53.10; extra expense at 1 per cent, 53c; interest at 6 per cent, 46c; total $ 54.09 University of Dubuque, Reches Sub., Lot 5; 275 sq. feet ce- ment sidewalk at 16%c, $46.06; extra expense at 1 per cent, 46c; interest at 6 per cent, 40c; total 46.92 W. H. Bausch, Stewart's Sub., Lot 12; 768 sq. feet cement sidewalk at 16%c, $128.64; extra expense at 1 per cent, $1.29; interest at 6 per cent, $1.12; total 131.05 Isadore Gerdemen, Grand View Heights Add., Lot 18; 88 sq. feet cement sidewalk at 16 $14.74; extra expense 33 at 1 per cent, 15c; interest at 6 per cent, 13c; total 15.02 Total $247.08 1448 sq. ft. cement sidewalk at 16 per sq. ft $242.54 Interest at 6 per cent 2.11 Extra expense at 1 per cent 2.43 Total $247.08 All of which is assessed in pro- portion to the special benefits con- ferred. Approved Feb. 2nd, 1925. Adopted Feb. 2nd, 1925. JAMES ALDERSON, L. H. BREDE, THEO. GABRIEL, ED .SCHREMPF, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Ccouncil- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. Notice of publication, certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment as provided by law to pay for the cutting of weeds in various parts of the City. There being no remonstrance, Councilman Brede moved that the notice be received and filed. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Ccouncil- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. Resolved by the City Council of the City of Dubuque: That to pay for cutting weeds by City of Du- buque, in. front of and adjoining the same, a Special Tax be and is hereby levied on the several Lots, and Parts of Lots, and Parcels of Real Estate hereinafter named, situ- ate and owned, and for the several amounts set opposite each Lot or Parcel of Real Estate, as follows: Owner Description Amount Eva Heil, Woodlawn Park Add., Lot 261; 4 hours at 50c $2.00 Henry Mueller, Woodlawn Park Add., Lot 212; 6 hours at 50c 3.00 Peter Seeman, Woodlawn Park Add., Lot 213; 6 hours at 50c 3.00 Anna G. Schrup, Tschirgi & Schwind's Sub., Lot 28; 5 hours at 50c 2.50 Anna G. Schrup, Tschirgi & Schwind's Sub., S. 25 ft. Lot 29; 2 hours at 50c 1.00