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1925 April Council ProceedingsCITY COUNCIL (Official.) Special Session, April 1st, 1925. Meeting called by order of Council- men Gabriel and Brede. Council met at 4:30 P. M. Present —City Manager Carr, May- or Alderson, Councilmen Brede, Ga- briel, Melchior, Schrempf. Mayor Alderson read the call and stated that service thereof had been duly made and accepted and that this meeting is called for the purpose of hearing objections to the proposed plans, specifications, or contract for, or cost of improvements of Almond street, Asbury street, Bradley street, Broadway and Broadway extension, Curtis street, Diagonal street, Elm street, North Glen Oak street, Julien avenue, Prairie street,. Queen street, South Grandview avenue from Bryant street to Southern avenue, South Grandview avenue from South- ern avenue to Quinlivan's Add., Windsor avenue, West 14th street from Walnut to Alta Vista street, West 14th from Alta Vista to Au- dubon street, White street from 21st to 24th street, White street from 24th to 27th streets, White street from 27th to 32nd streets, and acting on any other business that may come before the meeting. Notice of publication, certified to by the publisher, that pursuant to the direction of the City Council, public notice is hereby given that plans and specifications and the proposed forms of contracts .have been adopted by said City Council for certain street improvements, over and along the above named streets. Petition of property owners on South Grandview avenue, between Southern avenue and the south lim- its of said street, objecting to the awarding of said contract to any but the lowest bidder. Councilman Brede moved that the notice certified to by the publisher be received and filed for record. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Councilman Gabriel moved that the petition of property owners on South Grandview avenue be made a matter of record. Seconded by Councilman Brede. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Special Session, April 1st, 1925 157 Resolution. Whereas, plans and specifications and form of contract providing for the construction of street improve- ments in and upon the streets here- inafter described, have been hereto- fore approved by the City Council of the City of Dubuque and proposals solicited and received from contrac- tors for the doing of all work and the furnishing of all materials nec- essary to the construction of said improvements according to said plans, specifications and form of con- tracts, and public notice given as provided by Chapter 23 of the Code of Iowa, 1924, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this .first day of April, 1925; and Whereas, the City Council met in special session, pursuant to legal call this first day of April, 1925, at 4:30 o'clock P. M., at the Council Cham- ber in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of any of the pub- lic improvements herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, there- fore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of any of the street improvements herein des- cribed and proposed to be made, be and the same are overruled and such plans, specifications and form of con- tract heretofore approved are hereby confirmed. Be it further Resolved, That con- tracts to be entered into by the City of Dubuque for the street improve- ments herein described with the con- tractors who have submitted the lowest bids therefor, as heretofore determined by the City Council ac- cording to such plans and specifica- tions, namely, to -wit: Almond street from east line of Foye street to the east line of Ellis street, and Ellis street from the north line • of Almond street to the north line of West Locust street, J. F. Lee Paving Co., contractor, for sheet asphalt pavement. Asbury street from the west line of St. Ambrose street to the City Limits, UhlrichPaley Co., contractor, for Vibrolithic pavement. 158 Special Session Bradley street from the north line of Randall street to the north line of Henderson street, James Saul & Son, contractor, for Vibrolithic. Broadway and Broadway Exten- sion from the south line of Diagonal street to the north line of Putnam street, Jas. F. Lee Paving Co., con- tractor, for Sheet Asphalt pavement' Curtis street from the east line of South Booth street to the west line of Bryant street, J. F. Lee Paving Co., contractor, for Sheet Asphalt pavement. Diagonal street from the west line of Central avenue to the east line of Broadway street, Central Engineer- ing Co., contractor, for Vibrolithic. Elm street from the north line of 11th street to the south line of 20th street, Jas. F. Lee Paving Co., con- tractor, for Sheet Asphalt pavement. North Glen Oak street from the north line of Julien avenue to the north line of Vernon street, Jas. F. Lee Paving Co., contractor, for Sheet Asphalt pavement . Julien avenue from the west line of Hill street to the north line of Alta Vista street, Uhlrich -Paley Co., contractor, for Vibrolithic pavement. Prairie street from the south line of West 14th street to the south line of the first alley north of West 11th street, J. F. Lee Paving Co., con- tractor, for Sheet Asphalt pavement. Queen street from the north line of East 22nd street to the north line of Edward street, Central Engineer- ing Co., contractor, for Sheet As- phalt pavement. South Grandview avenue from the end of the existing pavement on South Grandview avenue and Bryant street to the south line of Southern avenue, Central Engineering Co., contractor, for Sheet Asphalt pave- ment. South Grandview avenue from the south line of Southern avenue to the south line of Quinlivan's Subdivision, Central Engineering Co., contractor, for sheet asphalt pavement. Windsor avenue from the west line of Garfield avenue to the east line of East 22nd street, J. F. Lee Pav- ing Co., contractor, for Sheet Asphalt pavement. West 14th street from the west line of Walnut street to the east line of Alta Vista street, James Saul & Son, contractor, for Vibrolithic pave- ment. West 14th street from the west line of Alta Vista street to the east line of Audubon street, Central Engi- neering Co., contractor, for Sheet Asphalt pavement. White street from the north line of 21st street to the south line of 24th street, Central Engineering Co., April 1st, 1925 contractor, for Sheet Asphalt pave- ment. White street from the north line of 24th street to the north line of 27th street, J. F. Lee Paving Co., con- tractor, for Sheet Asphalt pavement. White street from the north line of 27th street to the south line of 32nd street. Be it further Resolved, That all resolutions heretofore adopted by this Council awarding contracts for said improvements be and the same are hereby confirmed and readopted as of this date. Be it further, Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and contract for, or cost of said improvements be made a matter of permanent record in con- nection with said improvement. Passed, adopted and approved this first day of April, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved .the adoption of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor. Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Petition of property owners of Jackson street, from 27th to 32nd streets, objecting to awarding the contract for said street to Uhlrich- Paley Co., for Vibrolithic, presented. 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, Melchior, Schrempf. Nays —None. Petition of Molo Sand and Gravel Co. to build a landing platform on the Third street extension for the purpose of unloading sand to be loaded on a conveyor so as to de- liver on cars. They have also petitioned the pro- per officials of the U. S. Government for like permission, and they have no objections. Councilman Brede moved that the prayer of the petition be granted. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Petition of Clarence Buelow ask- ing permission to install two gasoline curb pumps at the corner of Grand- view avenue and Rockdale road. Councilman Brede moved that the Council view the grounds. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Petition of Woodson and Flynn to install an air pump at the corner of West 17th and West Locust streets presented. Councilman Gabriel moved that the prayer of the petition be granted. Seconded by Councilman Brede. Car- ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Special Session, April 1st, 1925 April 1st, 1925. City Council, Dubuque, Iowa. Gentlemen: Recently I was auth- orized to receive bids for the tri- angular lot at the corner of Cherry and Avoca streets, Lot 328, Wood - lawn Park Addition. I beg to advise that the following bids were received at twelve o'clock today. Stephen Keannely, $100.00. R. J. Curtis, $110.00. This particular lot runs out to a point which extends over what should be the south line of Cherry street. If this lot is sold, I would recommend that only that part be deeded which lies south of the south line of Cherry street produced. Respectfully submitted, O. E. CARR, City Manager. Councilman Brede moved that the Mayor and Clerk be authorized to execute a deed for the above lot to the high bidder. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas — Mayor Alderson, Council- man Brede, Gabriel, Melchior, Schrempf. Nays—None' Petition of Geo. _ Vollrath, asking for a reduction in assessment for the improvement of Althauser street, re- ferred to the Council at a previous meeting. The assessment against this lot, being the N. E. 3 feet of Lot 5 of Min. Lot 470, is $132.34. Coun- cil viewed the property and recom- mends a reduction of 50 per cent. 159 Councilman Bred() moved that the assessment be reduced 50 per cent and the Auditor be instructed to draw a warrant for the difference, $66.17, on the General Fund in favor of the Special Assessment Fund to make up this shortage. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Petition of Leader Oil Co. to in- stall a gasoline filling station in front of Sam Cartigny's store, corner of Jackson and 30th streets. Council viewed the property. Councilman Gabriel moved that the prayer of the petition be granted, providing they install the tank on the 30th street side of the said store, Seconded by Councilman Brede. Car- ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Resolution. Be it Resolved by the City Coun- cil of Dubuque, That it is deemed advisable to lend its assistance in as far as possible to the promotion of baseball in Dubuque in order that this sport may be encouraged and that Dubuque may receive its full measure of benefit which naturally comes to a city having a live, well managed club, and be it further Resolved that the Mayor be and he is hereby authorized to enter into a lease with Joe McGinnity and John Armstrong, owners of the Dubuque Base Ball Club, for a period com- mencing April 1st, 1925, and ending September 15th, 1925, for the use of the Municipal Athletic Field upon such terms and conditions as will result in mutual advantage to the City of Dubuque and the owners of said club, and return said lease to this Council for its approval. Passed, approved and adopted this 1st day of April, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved the adoption of the resolution. Second- ed by Councilman Brede. Carried by the following vote: jt CITY COUNCIL (Official.) Regular Session, April 6th, 1925. Council met at 4:30 P. M. Present — City Manager Carr, Coun- cilmen Brede, Melchior, Schrempf, Gabriel. Absent —Mayor Alderson. Councilman Gabriel moved that Councilman Brede be appointed as Mayor pro -tem of this meeting. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas — Councilman Gabriel, Mel- chior, Schrempf. Nays —None, Absent —Mayor Alderson. Not voting — Councilman Brede. Mayor pro -tem Brede stated that this is the regular monthly meeting of the City Council for the trans- action of such business as may regu- larly come before it. The City Clerk administered the oath of office to Councilmen Harlan G. Melchior and Edward Schrempf, elected at the city election held in March 1924 to take office for the term beginning April, 1925. Councilman Gabriel moved that Dr. James Alderson be appointed to succeed himself as Mayor of the City of Dubuque for the ensuing year. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. The following resolution was pre- sented: Be it Resolved by the City Coun- cil of the City of Dubuque, That all officers and employees heretofore appointed by the City Council and now acting as employees of the City of Dubuque, be reappointd at the pleasure of the Council. Passed, adopted and approved this 6th day of April, 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. Melchior. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Petition of property owners in the vicinity of Angella, Cox and West 17th streets asking that a short cul- Regular Session, April 6th, 1925 161 vert be constructed at the corner of West 17th and Cox streets. Councilman Gabriel moved that the petition be referred to the City Manager. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Cigarette permit of M. C. Mai, be- ing a transfer from his former place of business to 1401 Central avenue. Councilman Melchior moved that the transfer be approved and the permit and bond be placed on file for record. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Renewal of contractor's bonds of Frank C. Luther, Edwin W. Giese. John G. Kuehnle, Jansen & Horner, Albert Ney, Wm. Yokum, Harry J. Schiltz, Anton Zwack, Geisler Bros., Ulrich Willy, and the bond of Frank J. Piekenbrock, park commissioner, presented for approval. Councilman Melchior moved that the bonds be placed on file for rec- ord. Seconded by Councilman Ga- briel. - Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilman Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. Report of the City Water Works, City Auditor, and City Treasurer for the month of March presented for approval. Councilman Gabriel moved that the reports be approved and filed for record. Seconded by Coun- cilman Melchior. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. An Ordinance amending an ordin- ance entitled "An ordinance estab- lishing a Building Code for the City of Dubuque; creating the office of Building Commissioner, fixing the salary of said officer, and defining the powers and duties of such Build- ing Commissioner, and prescribing penalties for the violation thereof," the same being known as the Build- ing Code of the City of Dubuque, Iowa, by striking out the word "fire" in Section 404 and inserting in lieu thereof the word "City" and by striking out the word "Fire" in Sec- tion 416 and inserting in lieu there- of the word "City." Presented and read a second time. Councilman Gabriel moved that this be considered the second read- ing of the ordinance. Seconded by 160 Special Session, April 1st, 1925 Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. Councilman Brede moved that the Manager be authorized to secure a $50,000 Public Utility Bond to cover the Athletic Park. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. City Manager Carr and City Soli- citor Czizek, to whom was referred the petition of E. E. McEvoy, re- ported as follows: Recommending that Mr. McEvoy pay the City the purchase price, when City bought the property Au- gust 20th, 1921, being $489.40 and 5 per cent interest per annum from date of advertising to date of re- demption, being North 6 feet of Lot 5 Finley Add., Lot 6 Finley Add., and Lot 165 Finley Add. On Lots 7 and 8, Lawrence Dubuque Add., which lots were assessed in 1911 for a sani- tary sewer, original assessment be- ing $42.07, with interest to date of purchase by the City at tax sale amounts to $53.32. They recommend that he pay the original assessment without interest plus advertising and certificate costs. Councilman Brede moved recommendation of the City and Solicitor be approved, Treasurer be so instructed. ed by Councilman Gabriel. by the following vote: that the Manager and the Second- Carried Council - Melchior, Yeas —Mayor Alderson, men Brede, Gabriel, Schrempf. Nays —None. Petition of J. F. Kircher, owner of Lot 1 of 2 of Babcock's Add., stating that this land is within the .corporate limits of the City and is used for agricultural purposes only, that he was assessed 57 mills and the state law provides that lands of this kind should be assessed for 7 mills only, that he has paid the first half of his taxes on the 57 mills basis, and he hereby asks that the tax rate be placed at 7 mills and he be refunded what he had overpaid. - Councilman Brede moved that the prayer of the petition be granted and the County Treasurer be notified accordingly. Seconded by Council- man Schrempf. Carried by the fol- lowing vote: Yeas — Mayor Alderson, Council- men . Brede, Gabriel, Melchior, Schrempf. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1925. Adopted 1925. r Councilmen: Attest: City Clerk. CITY 000NCIL (Official.) Special Session, April 23rd, 1925 Meeting called by order of Council- man Schrempf and Mayor Alderson. Council met at 4:30 P. M. Present —City Manager Carr, May- or Alderson, Councilmen Brede, Ga- briel, Schrempf. Absent — Councilman Melchior. Mayor Alderson read the call stated that service thereof had been duly made and accepted, and that this meeting is called for the purpose of considering petitions and acting on any other business that may come before the Council. Councilman Gabriel moved that the rules be suspended to allow any one present to address the Council. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent— Councilman Melchior. A petition asking the Council to adopt the daylight saving plan, and letters and communications from business men and manufacturers fa- voring said plan, presented. Messrs. H. M. Van Auken, Wm. T. Brown, E. C. Loetscher et al addressed the Council relative to the plan and hoped that the Council would adopt this plan. Councilman Gabriel moved that the petition be placed on file until the next regular meeting of the Council which will be held May 4th, 1925. Seconded by Council- man Schrempf. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf, Nays —None. • Absent— Councilman Melchior. Petition of property owners asking that the Council cause a sidewalk to be constructed on Goethe street from Burden to Sheridan streets. Signed by James Vyverberg, Joseph A. Welu et al. (14 signers). Councilman Brede moved that the petition be referred to the City Man- ager. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent— Councilman Melchior. Petition of property owners on White street from 27th street to 32nd street, asking that the said street be Paved during this season, with such type pavement as in the judgment of the Council would serve the best interests of the property owners. Signed by Wm. A. Gottschalk, Sam Special Session, April 23rd, 1925 163 Cartigny, John N. Hipschen et al. (40 signers). Resolution Awarding Contract. Wheras, proposals have been sub- mitted by contractors for the im- provement of White street from the north line of 27th street to the south line of 32nd street and Uhlrich- Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specification; now there- fore Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improvement of White street be awarded to Uhlrich- Paley Co. for Vibrolithic, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Passed and adopted this 6th day of March upon first reading. Passed and adopted upon final reading April 23rd, 1925. JAMES ALDERSON, Mayor. L. H. 13REDE, THEO. GABRIEL, ED. SCHREMPF, 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, Gabriel, Schrempf, Nays- -None. Absent — Concilman Melchior. Petition of property owners on South Grandview avenue objecting to awarding of the contract for South Grandview avenue, from Southern avenue to Quinlivan's Sub., to any other than the lowest bidder. At- tached to the petition was a petition to the Director of the Budget, Des Moines, Iowa, stating that the con- tract was not awarded to the lowest bidder and asking him to investigate. Councilman Brede moved that the petitions be received and filed. Sec- onded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Petition of property owners asking that the improvement of Bradley street be awarded to the lowest bid- der, stating that the contract was j 162 Regular Session, April 6th, 1925 Councilman Melchior. Carried by the following vote: Yeas —Mayor pro -tem Brede, Coun- cilmen Gabriel, Melchior, Schrempf. Nays —None. Absent —Mayor Alderson. A Resolution. Be it Resolved by the City Coun- cil of the City of Dubuque, That the petitions of the I. C. R. R. Co. ask- ing for permission to install auto- matic and electrically controlled sig- nal devices at the Cascade railroad crossing, instead of requiring the at- tendance of a watchman at said place, be granted. There being no objections made by any parties to the substitutes herein provided for. Passed, adopted and approved this 6th day of April, 1925. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: —JOHN STUBER, City Clerk. Councilman Melchior 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. City Solicitor authorized to make a settlement in the case of McMahon vs. City of Dubuque relative to the suit, on account of property con- demned for Rockdale road. No motion. April 6th, 1925. City Council, Dubuque, Iowa. Gentlemen: The city owns consid- erable river frontage. One section, from Dodge to Railroad avenue, is lensed to people for house boats. These leases expire on June 1st. My attention has been called to the disorderly character of a number of the parties who live in this block. A reference to the Police Depart- ment records shows that there have been eighty -four arrests made in this block in two years, for the most part of tenants on this city property. The charges are very largely intoxica- tion, although a number for operat- ing disorderly 'houses are included, as well as breaking and entering, murder, larceny and others. It seems to me that it might be desirable for the City to order all of our present tenants to vacate and clean up this disorderly district in this way instead of leasing this prop- erty for another year. I am reporting this matter to the Council for their consideration. Respectfully submitted, O. E. CARR, City Manager. Action deferred for the present, no motion. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1925. Adopted 1925. Councilmen Attest: City Clerk. 164 not awarded to the lowest bidder, and that they will refuse to pay for said improvement if the terms of the contract as made with the James Saul Co. are carried out. Councilman Gabriel moved that the petition be received and filed. Seconded by Councilman Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Petition of property owners asking that the Council permit the grading of the alley between Glen Oak street and Mount Pleasant street on West 14th street and that the old curb for- merly used on West 14th street be laid as a road bed in the alley; also a petition by the same petitioners asking that the entrance to said al- ley be permitted to remain as orig- inally located. Councilman Gabriel moved that the petitions be received and filed. Sec- onded by Councilman Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Petition of the Dubuque Electric Co. asking that the company be per- mitted to substitute vibrolithic pav- ing between the rails and one foot outside thereof, instead of brick as originally contracted for, on the Jackson street improvement and on the loop on South Grandview avenue, stating that it is agreeable to the Central Engineering Co. who have the contract for paving said streets. Councilman Brede moved that the prayer of the petition be granted and the City Solicitor be instructed to draft the proper stipulations. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Counci men Brede, Gabriel, Schrempf. Nays— None. Absent...Councilman Melchiol. An Ordinance. An Ordinance amending an Ordin- ance entitled "An Ordinance estab- lishing a Building Code for the City of Dubuque; creating the office of Building Commissioner, fixing the salary of said officer and defining the powers and duties of such Building Commissioner, and prescribing pen- alties for the violation thereof," the same being known as the Building Code of the City of Dubuque, Iowa, by striking out the word "Fire" in Section 404 and inserting in lieu thereof the word "City," and by striking out the word "Fire" in Sec- tion 416 and inserting in lieu there- of the word "City." Special Session, April 23rd, 1925 Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That an Ordinance en- titled "An Ordinance establishing a Building Code for the City of Du- buque; creating the office of Build- ing Commissioner, fixing the salary of said officer and defining the pow- ers and duties of such Building Com- missioner, and prescribing penalties for the violation thereof," be and the same is hereby amended by strik- ing out of Section 404 the word "Fire" and inserting in lieu thereof the word "City" so that section thus amended will read as follows: Section 404. PROHIBITED. On any building to be erected or recon structed, it shall be unlawful to build any outstanding stairway, piazzas or balconies where same shall project over street or alley line within the City limits except as herein pro- vided for under "Fire Escapes." Section 2. That said Ordinance be further by striking out from Section 416 the word "Fire," and in- serting therein the word "City ", so that said section shall hereafter read as follows: "Section 416. FENCES. Wooden fences shall not exceed five (5) feet in height inside City limits. Exist- ing wooden fences within the City limits shall be made to conform with this requirement. This does not ap- ply to industrial plants or yards." Section 2. This Ordinance shall be in force and effect ten days from and after its final passage and adopted and publication as provided by law. Passed upon first reading this 31st day of March, 1925. Passed upon second reading April 6th, 1925. Passed, adopted and approved up- on final reading this 23rd day of April, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, Councilmen. Attest: JOHN STUBER, City Clerk. Ordinance presenter and read a third time . Councilman Gabriel moved that the ordinance be adopted. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Published officially in the Times - Journal and Telegraph - Herald news- papers April 27th, 1925. JOHN STUBER, City Clerk. Notice of suit against the City in the sum of $5,000.00 filed by Louisa Brown on account of personal in- juries received on the night of March 11th, 1925, under the following cir- cumstances: The car in which Mr. Brown was riding with his wife struck an obstruction in the street at or near Railroad avenue and South Locust street painfully injuring his wife, Louisa. Notice filed by Lane Donahue, her attorney. Councilman Brede moved that the notice be referred to the City Solic- itor. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Notice of suit filed by Leroy Brown in the sum of $300.00 for personal injuries and damage to his auto - mabile when his car struck an ob- struction in the street at or near Railroad avenue and Southern ave- nue, while out riding on the night of March 11th, 1925. Notice filed by Lane Donahue, his attorney. Councilman Brede moved that the notice be referred to the City Solic- itor. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent— Councilman Melchior. Notice of suit filed by Mary For- tune against the City of Dubuque in the sum of $5,000 on account of per- sonal injuries sustained in.falling on an icy sidewalk November 21st, 1924, filed by Kenline, Roedell, Hoffman & Tierney, her attorneys. Councilman Brede moved that the notice be referred to the City Solic- itor. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Heating contractor's bond of Chas. T. Blair and contractor's bonds of Wm. Lammer, T. G. Efferding and Theo. Kintzle presented for approval. Councilman Gabriel moved that the bonds be referred to the City Solic- itor. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent— Councilman Melchior. Annual reports of the City Water Works, City Treasurer, and the City Auditor for the Year 19.24 presented for approval. Councilman Gabriel moved that the reports be placed on file for rec- ord. Seconded by Councilman i Special Session, April 23rd, 1925 165 Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Council proceedings for the month of February, 1925, presented for ap- proval. Councilman Gabriel moved that they be approved and adopted as read. Seconded by Councilman Brede. Carried by the following. vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Notice of suit in the sum of $10,000 against the City of Dubuque, filed by Josephine Gantenbein, by her attor- neys, Beckett & Knoll, on account of injuries received by her in falling on an icy sidewalk in front of Luth- er's Tin Shop, near the corner of Central avenue and 22nd street, on December 20th, 1924. Councilman Brede moved that the notice be referred to the City Solicitor. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Schrempf. Nays —None. Absent — Councilman Melchior. Petition of Oscar Papin stating that he is owner of Min. Lots 301 - 301a and 302, Ham's Add., City of Dubuque, that said premises are in the City limits and comprise 91 acres, used for agricultural purposes only. That a corporate tax of 57 mills has been levied against this property for the 1924 tax, that he paid the taxes in full on Lot 301 of which $13.68 as for corporate purposes and one -half of the corporate taxes on Lots 301a and 302 of which $28.50 was for cor- porate purposes. He states further that under the provisions of Section °9 10 of the 1924 Code of Iowa these premises are exempt from corporate taxes except for road and library purposes, and asks that he be re- imbursed for what he paid over this amount. Councilman Gabriel moved that the petition be referred to the City Solicitor. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. Petition of Lena Enser asking that Reeder street be graded, in front of lots 15 and 16 as she wants to build a garage on her property. Councilman Brede moved that the petition be received and filed. Sec- 166 Special Session, onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. Petition of Louis Lorenz, asking permission to pave alley between Jackson and Washington street, from 19th street south for a distance of approximately 100 feet. Engineer to furnish grade. Councilman Brede moved that the prayer of the petition be granted, work to be done under the super- vision of the City Engineer. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays -None. Absent — Councilman Melchior.' Petition of John S. Seymour ask- ing that he be permitted to lay a sidewalk on Vernon street, that his house is so built that he cannot com- ply with the ordinance, also that the City pay for a sustaining wall to be built on the north side of his house. Councilman Brede moved that the Council view the premises. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. Petition of Norman Bull asking permission to place a sidewalk in front of his property, lot 279 Wood - lawn Park Add., four feet in from the curb. 'Councilman Brede moved that the Council view the premises. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. To the Honorable Mayor, City Com- mission, City Manager of Dubuque: Gentlemen: In connection with the various contracts for streets awarded to us by the City of Du- buque, recently, we are awarded the contract for paving Diagonal street from Central avenue to Broadway with vibrolithic. In view of the fact that this is the only vibrolithic work we have in your City, we would like to assign this contract to Uhlrich- Paley Co. of Dubuque, Iowa, who are doing other vibrolithic work in your City. We respectfully request your per- mission to assign the above contract to Uhlrich -Paley Co., and we are requesting the Bonding Co., in the event this assignment meets with April 23rd, 1925 your approval, to give their approval to the assignment. Yours very truly, CENTRAL ENGINEERING CO. —By 0. W. G. Nobis, Vice Presi- dent and General Manager. Councilman Brede moved that the assignment be approved and the prayer of the petition be granted. Seconded by Councilman Gabriel. Carried by the following vote: . Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. Petition of the Kerper Electric Co. for permission to install a gasoline filling station on the southeast cor- ner of 8th and Bluff streets. Councilman Gabriel moved that the petition be received and filed. Seconded by Councilman Brede. Car- ried by the following vote: • Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent— Councilman Melchior. Petition of the Belsky Motor Co., for permission to install two 500 gal- lon gasoline tanks and pump adjust- ments adjacent to their present pump at the southeast corner of 8th and Iowa streets. • sCouncilman Gabriel moved that the petition be received and filed. Seconded by Councilman Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. April 21st, 1925. City Council, Dubuque, Iowa. Gentlemen: The petition of prop- erty owners in the vicinity of An- gella street, Cox street and West 17th street, asking that a culvert be put in at 17th and Cox street after which this intersection will be grad- ually fitted so as to bring Cox street to grade, was referred to the City Manager at the meeting held on April 6th. I have investigated the matter and find that about two hundred and fifty feet of three foot culvert will be needed. I think that this can be bought for approximately $6.00 per foot. When the proposition was referred to me I felt that it ought not to be done at this time. When I went out on the ground and investigated con- ditions I came to the conclusion that this culvert ought to be put in with- out further delay. It can of course, ,be constructed only by general city funds and the cost will be about $1600.00. I would recommend that this work be done and paid for out of the cur- rent funds not otherwise appropriat- ed. If this culvert is placed it will only be a few years before Cox street is brought to grade from West 17th street to Angella street. This will be a wonderfully fine way to get through from 14th street to the Angella Hill and will mean a great deal to thin particular section. For that reason I recommend that the work be done at this time. Respectfully submitted, O. E. CARR, City Manager. Councilman Gabriel moved that the recommendation of the City Man- ager be approved and the work or- dered to be done. Seconded by Coun- cilman Brede. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays—None.. Absent — Councilman Melchior. April 7th, 1925. City Council, Dubuque, Iowa. Gentlemen: Peter Semon, is the owner of Lot 213 Woodlawn Park Ad- dition. This lot was assessed $3.00 for cutting weeds. On the return of the owner to the city he paid the assessment and later investigated it and came to the conclusion that no weeds were cut on this property. A rodman in the Engineer's office who •prepared the assessment roll was out on the ground with Mr. Se- mon and grants that there was an error made in the assessment. I would therefore recommend that a warrant be drawn on the General Fund in favor of Peter Semen, in the sum of $3.00 to reimburse him for the erroneous assessment levied against his lot. Respectfully submitted, O. E.• CARR, City Manager. Councilman Brede moved that the recommendation of the City Manager be approved, and the Auditor be in- structed to draw a warrant for $3.00 in favor of Peter Semon on the Gen- eral Fund, to reimburse him for the erroneous assessment levied against his lot. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent— Councilman Melchior. April 23rd, 1925. City Council, Dubuque, Iowa. Gentlemen: I beg to advise that the improvement of Queen street from the north line of East 22nd street to the north line of Edwards Special Session, April 23rd, 1925 167 street, Central Engineering Co., con- tractors, by paving the same with sheet asphalt, has been completed. I would therefore recommend the acceptance of this improvement. Respectfully submitted, O. E. CARR, City Manager. A Resolution. Whereas, the contract for the im- provement of Queen street from the north line of East 22nd street to the north line of Edward street by pav- ing said street with sheet asphalt has been completed and the City Manager has examined the work and filed his certificate stating the same has been completed according to the terms and stipulations of the con- tract and recommends its acceptance, now therefor Be it resolved by the City Council of the City of Dubuque, that the rec- ommendation of the City Manager be approved and said improvement be and the same is hereby accepted and the City Engineer be and he is hereby instructed to prepare a plat and . schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public in- spection and the City Clerk shall up- on receipt of such plat and schedule publish the notice of said assess- ments, as required by law. Be it further resolved that the City Treasurer be and he is hereby directed to pay to the contractor from the funds realized from the sale of improvement bonds issued upon the above described improvement an amount equal to the amount of his contract less any retained percent- age provided for therein. Passed, adopted and approved this 23rd day of April, 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. April 14th, 1925. City Council, Dubuque, Iowa. Gentlemen: I beg to advise that the installation of sewer and water connections in Foye street, Almond CITY COUNCIL (Official.) Regular Session, May 4th, 1925. Council met at 4:30 P. M. Present — City Manager Carr, Mayor Alderson, Councilmen Brede, Gabriel, Melchior and Schrempf. Mayor Alderson stated that this is the regular monthly meeting of the Council for the dispatch of such business as may regularly come be- fore it. Petition of Rose K. Willging, stating that she is owner of Lot 1 of Mineral Lot 358, comprising ap- proximately 4 acres, and Lot 2 of Mineral Lot 358, comprising 15.80 acres on the Millville Road and is used for agricultural purposes only; that the taxes on this property for 1923 was 57 mills and for 1924 the tax levy was 56% mills; and she hereby asks that the taxes be re- duced and the tax levy be corrected as provided for in Section 6210 of the 1924 Code of the State of Iowa. Councilman Brede moved that the petition be referred to the City So- licitor. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- man Brede, Gabriel, Melchior and Schrempf. Nays —None. Petition of property owners on Milwaukee Street and 32nd Street, objecting to the billboard erected in the alley between Milwaukee and 32nd Streets, for the reason it ob- structs the view. Signed by Edward Viertel, Edmund Tigges, August Greve et al (nine signers). Councilman Brede moved that the petition be referred to the Building Commissioner. Seconded by Coun- cilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, C ouncil- men Brede, Gabriel, Melchior and Schrempf. Nays —None, Petition of property owners on the .North side of Almond Street, ob- jecting to the placing of cement curb' and gutter on their side of the street, stating that the curb and 'gutter should be uniform on both sides of the street. Councilman !Brede ,moved that the petition be re- ferred to the City Manager and City Engineer. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- man ,Brede, . Gabriel, Melchior and Schrempf. Nays —None. Petition of, property owners on ,Pickett Street, asking that a four - foot concrete sidewalk be con- structed on the southerly side of Regular Session, May 4th, 1925 171 said street from Henion to Cornell Streets. Signed by L. O. Hillyard, W. L. Wallace, H. A. Koester et al (19 signers). Councilman Gabriel moved that the rules be suspended to allow any- one present to address the Council. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- man Brede, Gabriel, Melchior and Schrempf. Nays —None, Wm. Kretschmer addressed the Council in favor of said sidewalk, stating that owing to the improve- ments such as new dwellings that were built lately that it is very nec- essary that this sidewalk be con- structed. Councilman Brede moved that the prayer of the petition be granted. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel Melchior and Schrempf. Nays —None. Petition of residents on Alta Street asking permission to construct a ce- ment sidewalk four feet wide on said street, two feet in from the curb. Councilman Gabriel moved that the petition be received and filed. 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 Boutin & Buehler Co., stating that they would like to ob- tain permission to erect a storage warehouse on the unused part of Tower Street and possibly part of Water Street, the same to be erected easterly and near the old shot tow- er, and they would also like to ac- quire the right to use the Lots 17 to 22 and Lots 2 of 'n Block 7 of Dubuque Harbor Improvement Co.'s Add. for storage purposes. That would cover the easterly 200 feet of the southerly half of said Block 7, except where the shot tower stands. They expect to pay a rea- sonable rental for this property if the petition is granted, !Councilman Brede moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Melchior. •Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel Melchior and Schrempf. Nays —None. Petition of E. G. Forward, agent for Francis Gray, offering $100.00 in full for City taxes on Lots 37 and 44 in Grandview Heights, levied from 1912 to 1l 19, inclusive, for redemp- tion of property sold to City in 1921 at tax sale for improvement of Vic- li 2 170 Special Session, April 23rd, 1925 street, Ellis street, West 23rd street, Francis street, Queen street, Prince street, Elm street, Broadway exten- sion, White street, Wood street, Irv- ing street, Seminary street and South Grandview avenue, C. B. McNamara Construction Co., contractors, have been completed. I would therefore recommend the acceptance of this work by the city. Respectfully submitted, O. E. CARR, City Manager: A Resolution. Whereas, the contract for the in- stallation of sewer and water con- nections in Foye, Almond, Ellis, West 23rd street, Francis, Queen, Prince, Elm, Broadway Ext., White, Wood, Irving, Seminary streets and S. Grandview avenue have been com- pleted and the City Manager has ex- amined the work and filed his cer- tificate .stating the same has been completed according to the te stipulations of the contract and recommends its acceptance, now therefor Be it resolved by the City Council of the City of Dubuque, that the rec- ommendation of the City Manager be approved and said improvement be and the same is hereby accepted and the City Engineer be and he is hereby in,etructed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk i subject to public inspection and the City Clerk shall upon receipt of such plat and schedule publish the notice of said assessments, as required by law Be it further resolved that the City Treasurer be and he is hereby direct- ed to pay to the contractor from the funds realized from the sale of im- provement bonds issued upon the above described improvement an amount equal to the amount of his contract less any retained percentage provided for therein. Passed, adopted and approved this 23rd day of April, 1925. JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, I Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent— Councilman Melchior. Councilman Brede moved that the City Manager be authorized to enter into contract with the Pitometer Company for water waste survey. Seconded by Councilman Gabriel.. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Schrempf. Nays —None. Absent — Councilman Melchior. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved Adopted Councilmen Attest: • 1925. 1925. City Clerk.