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1922 February Council ProceedingsCITY COUNCIL Regular Session, February 6, 1922 27 (Official) Regular Session Feb. 6th 1922. Council met at 4:30 P. M. Mayor Alderson in the chair. Present —City Manager Carr, May- or Alderson, Councilmen, Brede, Gabriel and Molchoir. Absent— Councilman Rooney. Notice of appeal, accompanied by bond, presented. To the City of Dubuque, and O. E. Carr, City Manager. You are hereby notified that Klau- er Manufacturing Co. has appealed to the District Court of Dubuque County from the assessment against its property abutting upon and ad- jacent to Washington street between '8th stret and 10th street, in the City of Dubuque, for the improvement of Washington street. Klauer Manufacturing Company. Service of the within notice` of ap- peal with a copy thereof hereby ac- knowledged this 2nd day of Febru- ary A. D. 1922. John Stuber City Clerk. Councilman Brede moved that the notice and bond together with the remonstrance be referred to the City Solicitor, seconded by Councilman Gabriel. Carried by the following vote: Yeas, Mayor Alderson, Council- men, Brede, Gabriel, Melchoir. Nay, none. Absent Councilman Rooney. Petition of Miss J. E. Kemler, Pre- sented. City Manager and Council of the City of Dubuque. Gentlemen: Lots 3 -4 -5 and the East 27 ft. of lot 6 of Littleton and Sawyers sub. were advertised to be sold at the last tax sale for the 1920 taxes. No mention being made of due for any prior year. Wishing to clear the title of lots 5 and 6 at once L paid the 1920 tax thereon. Then the abstracor on making his search told me he had found tax for 1914 to 1919 appearing on the books to be unpaid, also an old charge for re- pairing sidewalk. I looked on the City tax book for 1920 and on the 1921 County tax book and find no entry of such unpaid tax for those years nor any other notation of same. If, as Iam advised, this means that the omitted taxes aro therefore no longer a lien and the property cannot be legally sold for same. I would ask that proper action be tak- en by you to show all old taxes can- celled on the records. Respectfully, J. E. Kemler, Agent. Councilman Bredo moved that the petition be referred to the City So- licitor for investigation, and avise Miss Kemler of 1-is findings and re- port back to the City Council. Sec - c•nded by Councilman Gabriel. Car- ried by the fallowing vote: Yeas —Mayor Alderson, Council- men, Brede, Gabriel, Melchoir. Nays —None. Absent Counc'lman Rooney. Petition of Bessie Baule, present- ed. Dubuque, Iowa, Jan. 30th 1922. To the Honorable Mayor and City Council: Gentlemen: It is my request that your atten- tion be called to the assessment for the improvement of Dodge street' levied against Lot Sub. 5, of City Lot 730, Lot 1 Union Add., $47.95, re- corded as owned by Frank Baule. The first installment of this assess- ment I have paid under protest. The improvement of Dodge street has added no value to this proper- ty, which consists of a rocky hill- side, upon which no dwelling can be built, and is of no value for quarry or pasture purposes. I therefore ask that the assessment bo annull- ed or at least reduced to half he amount, which I believe you will agree is ample for such a piece of ground. Respectfully , your, Bessie Baule. Councilman Brede moved that the petition be referred to the City Man- ager, to investigate and see if the assessment is more than twenty - five percent of vauluation of the property. Seconded by Councilman Gabriel,. Carried by the following vote: Yeas —Mayor Alderson, Council men Brede, Gabriel, Melchoir. Nays —None. Absent — Councilman Rooney. Report and petition of the Du- buque Benevolent and Humane So- ciety. Presented. Stating what had been done at the Shelter during the past year and asking that the City appropriate $300.00 to assist in carrying on the work for 1922. Councilman Brede moved that the communication be received and filed, Seconded by Councilman Melchoir. Carried by the following vote: Yeas —Mayor Alderson, Council- men, Brede, Gabriel, Melchoir. Nays —None. Absent — Councilman Rooney. Report of the Jury appointed to appraise the property of Ed. Muntz. A strip approximately 12 feet wide from the East side of Lot 46 Oxford Heights Addition. We, the undersigned, hewing been heretofore appointed to assess the 26 Special Session, January 24, 1922 granted to cut the curb where neces- sary. Seconded by Councilman Gab- riel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior, Nays —None. Absent — Councilman Rooney. Councilman Melchior moved to ac- cept the New American LaFrance Fire Pumper. Seconded by Council- man Brede. Carried by the follow- ing vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. Councilman Brede moved to ad- journ. JOHN STUBER, City Clerk. Adopted: , 1922. Approved: , 1922. Councilmen: Attest: City Clerk. Regular Session, February 6, 1922 29 received from this work will be suf- ficient to make the position self sus- taining. There was, however, no provision made for the payment of this inspector in the Appropriation Ordinance. It vrill, therefore, be necessary for the Council to author- ize this expenditure. Respectfully submitted, O. E. Carr City Manager. Councilman Brede moved that the recommendation o2 the City Manager be approved, and Mr, Triller's salary be placed at $165.00 per mouth. Sec- onded by Councilmen Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. February 6, 1922. City Council, Dubuque, Iowa. Gentlemen: Some time ago, the City sold the old Fourth Street En -, gine Hsu, , which has been for the past year and a halt, used for a City garage. It w'll be necessary for us to-erect a City garage on some other location. For convenience, this loca- tion should be as near the City Hall as possible. I have gone over the available sites feel personally, that the best location for this garage io along Elm street, between 14th St. and 15th St. on the south end of the block which the City already owns. My thought would be to build the garage on the Elm street end and have the ground adjacent to the Groat Western rail- road, available as a storage • yard both for street and sewer supplies, as well as water works supplies. If this location is satisfactory to the City Council, I will go ahead and have the necessary plans pre- pared far the construction of a gar- age adequate to take care of the present and prospected future needs of the City. Respoctfally submitted, O. E. Carr City Manager. Councilman Brede moved that ac- tion on this be referred to next meet- ing of the Council. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Report of the Chief of the Fire De- partment on the test of the new American - LaFranee Engine, Jan. 19, 1922, presented. Councilman Brede moved that the report be approved and placed on file for record. Seconded by Coun- cilman Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Jackson street from the nofth property line of Elev- enth street to the South property line of Twen`y- second str et except where already improved, by curbing with new cement curb where re- quired, reso'ting old stone curb where required, by making sewer, water and gas connections to prop- erty not already connected with the same and by paving with either brick block, vibrolithic, sheet as- phalt or bitulithic pavement, on the resent foundation, in the event a bituminci s pavement is selected, a cement gutter is to be constructed. Said work to be done in accord- ance with the plane and specifica- tions to be prepared by the City Engineer. Be it further resolved that the res- olution heretofore adopted by the Council on Jan. 24, be and the same is hereby rescinded. The above resolution was approved and ordered placed on file for final action and the notice of the pen- dency ordered given this 6th day of February, 1922. The above resolution will be con- sidered by said City Council for passage at a meeting to be held on the 24th day of February, 1922, at 4:30 p. m., in th Council Chamber, at which time the owners of prop- erty subject to improvement may ap- pear and make objecions to the contemplated improvement, and the passage of said proposed resolution may at that time be amended and passed or passed as proposed. Published officially in the Tele- graph- Herald and Times - Journal newspapers Fcb. 7th, 1922. JOHN STUBER, 2 -7 -2t City Clerk. Councilman Gabriel moved that the resolution be approved and placed on file for final action. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Seventh street from the west property line of Jack- 28 Regular Session, February 6, 1922 damages for the widening of Alta - Vista street on the South -west cor- ner of said street and Julien avenue, after plat of date Dec. 28th 1921, hereby assess the damages sustain- ed by the owner, Edward Muntz, at the sum of sixteen - hundred (1600) dollars. Dubuque, Iowa, Feb. 2, 1922. F. W. ALTMAN THOS. J. MULGREW JOHN L. HEIM JOHN P. TRAUSCH WILLIAM ZUMHOF OSCAR HAAS HENRY LAVERY JOS. J. BERTSCH HENRY KAEP W. M. KRETSCHMER A. P. ABELN JAMES J. DUNN Councilman Melchior moved that the report of the Jury be approved and the City Auditor be authorized to draw a warrant on the City Treas- urer for sixteen - hundred (1600.00) dollars in favor of Edward Muntz, to pay for the above property. Mr. Muntz bo requested to furnish the City with deed to this property, also that the Ciiy Audior be author- ized to draw warrants in the sum of $3.00 each to compensate the Jury- men for their work. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchoir. Nays —None. Absent — Councilman Rooney. Petition of residents of the City, of Dubuque, living in that part or district of the City, South of Dodge street and West of Mt. Carmel av- enue, the fire protection for which district is supplied from Engine House Number 5. They further state that, realizing the danger from fire because of the poor facilities for protection, respectfully petition to have the water main extended on South Grandview avenue. The water main now extends only to number 900 on. South Grandview (New number), thereby leaving the remainder of the district South of the above number unprotected. Pet- ition signed by 173 signers. Councilman Brede, moved that the rules be suspended to allow any one present to address the Council. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Councilman Rooney entered and took his seat at 4:45 P. M. To the Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: Kindly have a war- rant drawn in favor of M J. Grace, Clerk of the District Court, cover- ing the costs in the following ac- tions: Lester Hahn vs. City of Du- buque $12.40 Harry L. Stevens vv. City of Dubuque 11.90 G. G. McCarthy vs. City of Dubuque 4.65 Total $28.95 Respectfully submitted, M. W. CZIZEK, City Solicitor. Councilman Brede moved that the report of the City Solicitor be ap- proved and the City Auditor be auth- orized to draw a warrant on the City Treasurer for $28.95, in favor of M. J. Grace to pay for the above actions. Seconded by Councilman' Melchior. Carried by the folowing vote: Yeas —Mayer Alderson, Council- men Brede, Melchior, Rooney. Nays —None. Bond of the Spiritual Science So- ciety for the operation and mainte- nance of a display sign, presentd. Councilman Gabriel moved that the bond being properly executed be received and filled. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. City Council Proceedings for the month of November, presented. Councilman Brede moved that the Council Proceedings be adopted as read. Seconded by Councilman Gab- riel. Carried by the following vote: men Brede, Gabriel, Melchior, Roon- ey. Nays —None. City Council, Dubuque, Iowa. Gentlemen: Under the provis- ions of the Ordinate Number 116, passed on January 24th, all electric wiring and fixtures hereafter install- ed in the City of Dubuque must be examined and approved by the CitY Electrical Inspector. I have gone over carefully the available local men for appointment and believe that S. E. Triller, 993 Garfield avenue, will be able to take care of the work in a satisfactory way. He is a local man of consid- erable experience and moreover, he has not for a number of years been connected with any local firm. Mr. day lm o r ni morning, ready F to begin at aual- day mrng, ary of $165.00 per month, the same to be subject to a revision down- ward in case going wages are re- dtaced. It is expected that the fees 30 Regular Session, February 6, 1922 son street to the railroad tracks east of Washington street by curbing where required and by laving said street with either vibrolithic pave- ment or with brick block on con- crete foundation. Said work to be done in uaccord- ance with tho plans and specifica- tions to be prepared by the City Engineer. The above resolution was aporved and ordered placed on. file for final action and the notice of the pond - ency ordered given this 6th day of Feb. 1922. The above resolution will be con- sidered by said City Council for passage at w meeting to be held on the 24th day of February, 1922, at 4:30 p. m., in the Council Chamber, at which time the owners of prop- erty subject to a sseesment for the cost and said improvement, and the passage of said proposed resolution may at that time be amended and passed or passed as proposed. Published officially in the Tele- graph- Herald and Times- Journal newspapers, Feb. 7, 1922. JOHN STUBER, 2 -7 -2t 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 —Mayer Alderson, Coun men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Councilman Brede moved that the action heretofore taken by the City Council on Jan. 17th, 1922, on the Special Ordinance, granting The Dubuque Electric Co. its suc- cessors and assigns the right to op- erate and maintain lines of Street railway upon and along the streets of the City of Dubuque, declaring that to be considered the first read- ing of he Ordirancet, be and is here- by rescinded. Seconded by Council- man Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchoir, Roon- ey. Nays- -None. An Ordinance granting to the Du- buque Electric Company, its succes- sors and assigns, the right to con- struct, maintain and operate lines of Street railway upon and along the stretse of the City of Dubuque, Iowa, and regulating the construction, maintenance and operation of said lines, repealing all existing franchise ordinances now affecting street rail- way operation in the City and re- quiring the surrender of all rights there under by the guarantee or its assigns, and providing to- submis- Sion of said ordinance to a vote of the legal voters of the City. Pre- sented. Councilman Bredo moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Councilman Brede moved that the action heretofore taken by the City Council Jan. 17th, 1922, on the Special Ordinance, granting to the Dubuque Electric Company, its suc- cessors and assigns, the right to erect, maintain and operat3 poles, wiring, and other fixtures in the streets, alleys and public places of the City of Dubuque for the distri- bution of electricity for light, power and other purposes. Declaring that to be considered the first reading Hof the ordinance, be and is herebY rescinded. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nay —None. An ordinance granting to the Du- buque Electric Company, its succes- sors and assigns, the right to erect, maintain and operate poles, wires, and other fixtures in the streets, alleys and public places of the City of Dubuque for the distribution of electricity for light, power and other purposes for a period of twenty -five (25) years, and regulating such con- struction, maintenance and opera- tion Repealing all existing franchise crdinances now affecting the distri- bution of electricity for light, power and other purposes and requiring the surrender of all rights there un- der by the grantee or its assigns, and providing for submiosion of said ordinance to a vote of the legal vot- ers of said City for their approval. Presented. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Petition of the Julien Dubuque Hotel Company, accompanied by a ofrates charged for rooms in said hotel. Presented. Stating that when the hotel was constructed, the City Council at that time and the Board of Super- visors, at a special meeting placed the taxable value of the Hotel prop- Special Session, February 14, 1922 erty at $100,000.00 for a period of ten years, and that the ton years will not have expired for another four years, that the Board of Review in 1921, placed the valuation of this property at $250,000.00, which they claim is exhobitant and at the pres- ent time would moan confiscation of the property and they hereby ask the City - Council to put the as- sessment back to $100,000.00. Oction on this petition was deferred. E. E. Frith addressed the Council, relative to collecting garbage, claim- ing that he is losing money. He sub- mitted figures, and asked that the Council investigate. Action deferred. Councilman. Melchoir moved to adjourn. Carried. JOHN STUBER, City Clerk. Adopted: Approved: Councilmen Attest: City Clerk. CITY COUNCIL 31 (Official) Special Session, Feb. 14th, 1922. Meeting called by order of Coun- cilmen Gabdiel and Broth). Council met 4:30 p. m. Mayor Alderson in chair. Present —City Manager Carr, May- or Alderson, Councilmen Brede, Ga- briel, and Melchior. Absent — Councilman Rooney. Mayor Alderson read the call and, stated that services thereof had been duly made and that this meet- ing is called for the purpose of adopting resolutions of necessity for the improving of various streets in the City and acting on other busi- ness that may come before the meet- ing. Councilman Brede moved that the rules be suspended to allow any one present to be heard, after the reso- lution is read, against which any one had a remonstrance. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Notice certified to, by the publish- er that upon recommendation of the City Manager it is deemed nec- essary and advisable to improve East 21st Twenty -first - street and Lincoln avenue, from the East prop- erty line of Central avenue to tho South property line of Hamilton street. Presented. There being no remonstrance, Councilman Brede moved that the notice be received and filed. Seconded by Councilmen Gabriel. Carried by tho following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Man- ager, it be deemed necessary and advisable to improve East Twenty - first street and Lincion avenue from the East property line of Central avenue to the South property line of Hamilton street, by curbing with new cement curb where required, resetting old stone curb where re- quired, and by paving with either Vibrolithic pavement, sheot asphalt, or Bitulithic pavement on the pres- ent foundation; in the event a bit - tuminous pavement is selected, a cement gutter is to be constructed, also by placing sewer, water and gas connections to property not connected. L. H. BREDE, Councilmen, Attest: JOHN STUBER, City Clerk. Special Session, February 14, 1922 Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, when and where said res- olution will be concidered for pass- age and objection heard, to be given by publication in the official newspapers of the city, in manner and for the time provided by law. The above resolution was ap- proved and ordered placed on, file for final action and the notice of the pendency ordered, given this 24th day. of January, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen, Attest: JOHN STUBER, City Clerk. The foregoing resolution of neces- sity was adopted and passed by the City Council and approved this 14th day of February, 1922: Approved: JAMES ALDERSON, ' H. G. M'ELCHIOR, THEO. GABRIEL, Councilman Brede moved the adoption of the resolution. Second- ed by Councilman Melchior. Carried by ,the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Notice certifie to by the publish- er, that upon recommendation of the City Manager it is deemed necessary and advisable to improve Tenth stret from the West property line of Main street to the East property ' line of Bluff street. Presented. There being no remonstrance, Councilman Brede moved that the notice be re- ceived and filed. Seconded by Coun- cilman Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent— Councilman Rooney. ' A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City .Man- ager, it be deemed necessary and dvisable to improve Tenth street from ' the West property line of Main street to the East property line of 'Bluff street, except where al- ready improved, by curbing with new cement curb' where required, resetting old stone curb where re- quired and by resurfacing said street with asbestos bithulithic. 33 The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing imlrroveinent°is hereby proposed to be made and constructed as hereinbefore set forth and that this improvementd.O.ith and that 'this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration' and aetermination at a meeting of the City Council to be held the 14th day of Feb. 1922, at 4:30 p. m., in the Council Chamber and' that the City Clerk' be and he is hereby instructed to cause notice of the pendency of the aove resolution and the time and place, when and where said res- olution will be considered for pass- age' and objections heard, to be given by publication in the official newspapers ' of the city, in manner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 24th day' of January, 1922. Approved: ' JAMES ALDERSON THEO. GABRIEL, H. G.' MELCHIOR, L. H. BREDE, Councilmen, Attest: JOHN STUBER, City Clerk, The foregoing resolution of neces- sity was adopted and passed by the City Council and aproved this 14th day of February, 1922. Approved: JAMES ALDERSON THEO. GABRIEL, H. G. MELCHIOR, L. H. BREDE, Councilmen, Attest: JOHN STUBER, City Clerk, Councilman Brede move the apopt- tion of the resolution. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Notice certified to by the publish- er, that upon the recommendation of the City Manager, it is deemed nec- essary and advisable to improve Twelveth street, form the West prop- erty line of Locust street to the East property line of Bluff street. Pre- sented. Councilman Brede moved that the notice be received and filed. Seconded by Councilman Melchior. Carried by the following vote: 32 Special Session, February 14, 1922 Said work to be done in accord- ance with the plans and specifica- tions,to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to as- sessment for the improvement as is provided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereintofore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14th day of. Feb. 1922, at 4;30 p. m., in the Council Chamber and that the CitY Clerk bo and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, whey and where said res- olution will bo considered for pass - ago and objections heard, to be given by publication in the official newspapers of the city, in manner and for. the time provided by law. The above recolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 24th day of January, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen, Attest: JOHN ST CBERClerk, ' The foregoing resolution of neces- sity was adopted and passed by the City Council and approved this 14th day of February 1922. APporcvd: JAMES ALDERSON, THEO. GABRIEL, H. G. MELCHIOR, L. H. BREDE, Councilmen, Attest: JOHN STUBER, C Y Clerk. Councilman moved the adoption of the resolution. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Notice certified to by the publish- er, that upon recommendation of the City Manager it is deemed necessary and advisable to improve Fourth street from the East property line of Main street to the East property line of_ the alley between Central avenue and White street. Presented. Con- Oman Brede moved that the notice be received and filed. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Nays —None. Absent — Councilman Rooney. Messrs. Jaeger, Wagner and Her - get property owners on raid street, addressed the Council, remonstrat- ing against the improvement at this time, giving as reasons the high cost of material and labor and also stat- ing that the street is in fair con- dition and good for another year at least. Action was deferred. Notice certified to, by the publish; er, that upon .'ecommen dction of the City Manager, it is deemed nec- essary and advisable to improve West Fifth street, from Hill street to the West property line of Nevada street. There being no remons- trance. Councilman Brede moved that the notice be received and filed. Seconded by •Concilman' Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney_ A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Man- ager, it be deemed necessary and advisable to improve West Fifth stret from Hill stereet to the West property line of Nevada street, ex- cept where already improved, by curbing with new cement curb where necessary, resetting old stone curb where required, and by paving either with brick block, Vibrolithic, sheet Asphalt, Bithulithic pavement on the old macadam foundation; in the event a bituminous pavement is se- lected, a cement gutter is to be o sewer, s also by placing and gas connections to prop- erty not connected with same. Said work to be in accordance with the plans and specifications to be prepared by the City Engineer. The cost and expense of said im- rrovement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14t h day of .Feb. 1922, at 4:30 p. m., Council Chamber and that the City Special Session, February 14, 1922 A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuuo that, upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Alpine street, from the South property line of West Third stret to the South property line of Solon street by curbing with new cement curb where required and by resetting old stone curb where required; by pav- ing with either Vitrolithid, sheet asphalt or Bitulithic pavement on the present macadam foundation; in the event a bituminous pavement is selected, a cement gutter is to be constructed; also by placing sewer, water and gas connections to prop- erty not connected with same. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14th day of Feb. 1922, at 4:30 p. in., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, when and whore said res- olution will be considered for pass- age and objections be heard, to be given by publication in the official newspapers of the city, in manner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 24th day of January, 1922. Appoved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of nec- essity was adopted and passed by the City Council and approved this 14th day of February, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR', THEO. GABRIEL, L. H. BREDE, 35 Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be adopted. Second- ed by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Notice certified to by the publish- er, that upon recommendation of the City Manager, it be deemed neces- saryand advisable to improve Alpine street, from the South property line of Solon street to the North proper- ty line of Dodge street, presented. There being no remonstrance, Coun- cilman Melchior, 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, Melchior. Nays —None. Absent — Councilman Rooney. A Resolution of Necessity. Be it resolved by the City Council of the city of Dubuque that, upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Alpine street from the South property line of Solon street to the North property line of Dodge street, By placing sewer, water and gas connections to the property not already connect- ed with the same, by curbing with ne wcement curb where required, resetting old curb stone where re- quired, by guttering with a seven (7) foot hill side brick block gutter on a concrete foundation, asphalt or bitulithic on the present founda- tion or with bituminous macadam, penetration method. Said work to be done iu accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14th day of Feb. 1922, at 4:30 p. m., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, when and where said res- 34 Special Session, February 14, 1922 Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent - Councilman Rooney. The pastor of St. Marks church, representing the congregation, ad- dressed the Council, remonstrating against sald improvement. Stating that the church is now in debt and that the improving of said street, at this time, would work a hardship on the congregation. Action was deferred. Notice certified to by the . publish- er, that upon recommendation of the City Manager, it is deemed necess- ary and advisable to improve Alta Vista street from the South .prop- erty line of Julien avenue to the North property line of West Fifth street. Presented. Councilman Brede moved that the notice be received and filed. Sec- onded by Councilman Melchior. Car - reid by the following vote: ' Yeas —Mayor Alderson, Council- men. Brede, Gabriel, Melchior. Nlays— None. Absent— Councilman Rooney. Several property owners whose property abut on said street, remon- strated against the improvement, giving as reasons the high cost of labor and material, at this time. Ac- tion deferred. Notice, certified to by the publish- er, that upon the, recommendation of the City Manager, it is 'deemed nec essary and advisable to improve Alta Vista street, from the North property line of West Fourteenth street to the North property line of Julien avenue. Presented. Councilman Brede moved that the notice be received and filed. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent- Councilman • Rooney• Attorney F. O'Connor, appeared and addressed the Council, ,M behalf of The Arch Diocese of Dubuque, remonstrating aginat the improve- ment of said streot, at this time. Stating that this is not an opportune time to make this improvement, that labor and material was still very high, that the street could be re- paired and put in good condition to last for some time. Attorney H. Sturat, also addressed the Council, representing The Sis- ters of the Visitation. His reasons Were similar to Mr. O'Connor's, and he stated further that there would probably be a new church built on this street, in the near future and it the City improves the street at this time, they would probably have to repair or improve it again in a short time, on account of the heavy traffic that there would be on the street during the construction of said church. Action deferred. Notice certified to by the publish- er, that upon recommendation of the City Managcr, it is deemed necess- ary and advisable to improve Alta Vista street, from the South prop- erty line of Kirkwood street, to the North property line of West Four- teenth street. Presented. Councilman Brede moved that the notice be received and filed. Second- ed by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays -None. Absent — Councilman Rooney. Remonstrance signed by 18 proper- ty owners, presented, protesting against the improvement for the following reasons: This street in our judgement, does not require repavement or recon- truction in any form. A reasonable amount of ropair, taking into consid- ers tion the amount of travel over it, will put it in good condition for some time to come. • Taking into account, the width of this street, the great expense of the proposed improvement, the compar- atively few residences upon North Alta Vist street, and the small amount of travel over it, does not warrant at this time the assessment of a large and heavy burden of tax- ation upon the abutters. We earnestly request that this pro- posed improvement be postponed until it shall be more urgently re- quired, and we are better able to pay the expense of it. Signed. COLUMBIA COLLEGE EDWARD D. HOWARD, Pres. H. P. ROHLMAN, Business Man- ager. And sixteen other signers and property owners, abutting on said street. Attorney F. O'Connor ad- dressed the Council relative' to this petition also. Action deferred. Notice certified to by the publish- er, that upon recommendation Of th e City Manager, it be deemed necessary and advisable to improve Alpine street from the South prop- erty line of West Third street to the South property line of Solon street, presented. There being no remonstrance, Councilman Brede moved that the notice be received and filed. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent--Councilman Rooney. Special Session, February 14, 1922 the City Manager, it be deemed nec- essary and advisable to improve Hill street, from the South property line of Wooten street to the North prop- erty line of Dodge street, presented. There being no remonstrances, Councilman Melchior 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, Melchior. Nays —None. Absent — Councilman Rooney. A Resolution of Necesity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Hill street from the South property line of Wooten street to the North property line of Dodge street, by placing sewer, water and gas connections to the property not already connected with same, by curbing with new cement curb where required, resetting old stone curb where required, by gut- tering with a seven (7) foot hill side brick block gutter on a con- crete foundation, asphaltic filler to be used, and by paving the roadway with either sheet asphalt or bitul- ithic on the present foundation, or with bituminous macadam, penetra- tion method. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14th day of Feb. 1922, at 4:30 p. m., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, when and where said res- olution will be considered for pass- age and objections heard, to be given by publication in the official newspapers of the city, in manner and for the time provided by law. The above resolution was ap- -.roved and ordered placed on file fer final action and the notice of the 37 pendency ordered given his 24th day of January, 1922. Approved: JAMES ALDERSON, H. G MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen, JOHN STBER, City Clerk. The foregoing resolution of nec- essity was adopted and passed by the City Council and approved this 14th day of Feb. 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen, JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be adopted. Second- ed by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Notice certified to by the publish- er, that upon recommendation of the City Manager, it be deemed necess- ary and advisable to improve Lang - worthy avenue, from the West prop- ' erty line of James street to the East property line of Alpine street. Coun- cilman Melchior moved that the no- tice be received and filed. Second- ed by Councilman Brede. Carried by the following vote. Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Judge Kintzinger addressed the Council, remonstrating against the improvement of said street; stating that street was torn up when water mains were put in and that it was not put back in the same condition that it was before the mains were put in. Further -more if the street had been properly replaced it would not now be necessary to improve it and that if the City repairs this street properly it will be good and serviceable for some time to come, and that owing to the high cost of material and labor, this is not an op- portune time to do this work. Sev- eral other owners of property abut- ting on this street addressed the Council, remonstrating against the improvement, stating that the Judge had expressed their views. Action deferred. Notice certified to by the publish- er, that upon recommendation of the City Manager it be deemed necess- ary and advisable to improve Oxford street from the East property line Attest: Attest: 36 Special Session, February 14, 1922 elution will be considered for pass- age and objections heard, to be given by publication in the official newspapers of the City, in. manner and for the time provided by law. The above resolution was ap- proved and odered placed on file for final action and the notice of the pendency ordered given this 24th day of January, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of nec- essity was adopted and passed by the City Council and approved this 14th day of Feb. 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be adopted. Second- ed by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Notice certified to by the publish- er, that upon recommendation of the City Manager, it be deemed nec- essary and advisable to improve Hill stret, from the South property line of West Third street to the South property line of Wooten street, presented. There being no remonstrance, Councilman Melchior moved that the notice be received and filed. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Hill street from the South property line of West Third street to the South property line of Wooten street, by resetting old stone curb where required, curb- ing with new cement curb where re- quired, and by paving with Vibro- lithic, sheet asphalt or Bitulithic pavement on the present macadam foundation; in the event a bitumin- ous pavement is selected, a cement gutter is to be constructed; also by placing sewer , water and gas con- nections to property not connected with same. Said work to bo done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbef ore set forth end that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14th day of Feb. 1922, at 4:30 p. m., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the dependency of -the above resolution and the time and place, when and where said res- olution will be considered for pass- age and objections heard, to be given by publication in the official newspapers of the city, and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered 922iven this 24th day of January, Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen, Attest: JOHN STUBER, Councilmen, The foregoing resolution of nec- essity was adopted and passed by the City Council and approved this 14th day of Feb. 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen, Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be adopted. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent—Councilman Rooney. Notice certified to by the publish- er that upon the recommendation of 1 tion be deferred on all resolutions of necessity for improvement of var- ious streets in the City, against which remonstrances were made, at this meeting, to give the City Council an opportunity to investi- gate. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays" —None. Absent — Councilman Rooney. Petition of Harry Shain, present- ed. Gentlemen: I the undersigned, hereby petition your honorable body to cancel the personal property tax levied against me for the year 1920, in the sum of $4.20. My reason for making this request is, that I have already paid the same under the name of The National Shoe Repair Shop, so that as it now stands upon the books, it is a double assessment. Respectfully yours, Harry Shain. Councilman Brede moved that the petition be referred to the Assessor to investigate and report back to the Council. Seconded by Council- man Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede,Gabricl, Melchior. Nays —None. Absent — Councilman Rooney. SPECIAL ORDINACE. An ordinance granting to the Du- buque Electric Company, its success- ors and .assigns, the right to con- struct, maintain and operate lines of street railway upon and along the streets of the City of Dubuque, Iowa, and regulating the construction, maintenance and operation of said lines; repealing all existing fran- stret raielway operation in said City and requiring the surrender of all rights thereunder by the gran- tee or its assigns; and providing for submission of said ordinance to a vote of the legal voters of said city. Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That there is hereby granted to the Dubuque Electric Company, a corporation. organized under the laws of the State of Del- aware, its successors and assigns, hereinaft - r referred to as the Com- pany, for the term of twenty -five (25) years following the fulfilment of the provisions of Section Fifteen (15) hereof, the right and author- ity to maintain and operate upon and over the streets of said City, its lines of street railway with poles, 'wires, switches, turnouts and other necessary appurtenances now being operated by it and said Company, its successors and assigns shall Special Session, February 14, 1922 39 construct, maintain and operate such other additional lines, tracks and ap- purtenances as the City Council of the City of Dubuque may establish to be proper and reasonably necess- ary for the benefit of the public and in accordance with the restrictions and conditions herein stated. Section 2. Before commencing any construction under authority of Sectionl which may in any way af- fect the streets, alleys, avenues or public places of the City, the said Dubuque Electric Company, its suc- cessors and assigns, shall apply in writing to the City Council of said City of Dubuque for permission, e.tating the nature of the work and the place and time where the same is proposed to be done, and there- upon the said City Council, if sat- isfied that said proposed work is necessary, proper and advisable, shall authorize the same by a rec- ord motion. Whenever any work is authorized the Company shall pro- tect the same by proper barriers and lights while under construction and upon completion the streets, alley, avenues and public places .hall be restored to there original condition. Section 3. Poles owned and con- trolled by the City and poles owned paid controlled by the Company, shall be subject to joint occupancy and used by said Company and said City upon due notice, whenever prac- ticable and advisable but only for their respective sole use and bene- fit, and no compensation shall be charged or received therefor. Section 4. The said Company ;.hall be liable for any injury or dam- age to person or property by reason of the construction, maintenance or operation of said railway system. It shall defend all proceedings against the City of Dubuue arising out of the erection, maintenance or operation of its railway system, notice of such action having been given the Company by the City. Should any judgment be rendered against City in such action, the amount of such judgment and costs shall be paid by said Company. Section 5. The said Company shall construct and maintain its lines of railway upon the established grade of the streets and highways. Should the grade of any street or highway be changed, said Company shall relocate and change it tracks, poles and other appurtenance to cor- respond with such change in grade without expense to said City. The Manager and City Council of the City of Dubuque shall exercise sup- ervision and control over the con - dition, location and kind of poles, wires and tracks to be used by said 38 Special Session, February 14, 1922 of Alta Vista street to the end of said street, presented. Councilman Gabriel moved that the notice be re- ceived and filed. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council - men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Remonstrance, signed by abutting property owners, J. R. Taylor, L. J. Schmitt, J. O'Connor and W. J. Bur- rows, asking that this street be not improved at the present time, pre- sented. Action deferred. Notice certified to by the publish- er, that upon the recommendation of the City Manager, it be deemed nec- essary and advisable to improve C� ledonia street, from Hill street to the South property line of West Eighth street, presented. Council- man Gabriel moved that the notice be received and filed. Seconded oy Councilman [Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. A petition, signed by all property owners abutting on said street, re- monstrating against the improve- ment as contemplated, presented. Stating that there is very little traffic on this street and that the street could be improved by putting a. top dressing of macadam, with a binder, like like that used on West Eighth street, from Air Hill street to Wilson avenue, and resetting old curb where necessary. Action de- ferred. Notice certified to by the publish- er, that upon recommendation of the City ,Manager, it be deemed necess- ary to improve Winona street, from the South property line of West Fifth street to the North property line of West Third street. presented. There being no remonstrance, Councilman Gabriel moved that the notice be received and filed. Second- ed. by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men ,Brede,Gabriel, Melchior. Nays —None. Absent Councilman Rooney. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Winona street from the South property line of West Fifth street to the North prop- erty line of West Third street, by placing sewer, water and gas con- nections to property not already connected with the same, by curb- ing with new cement curb where necessary, resetting old stone curb where required and by paving with either Vibrolithic, sheet asphalt or bitulithic paving on the present foundation; in event a bituminous pavement is selec`ed, a cement gutter is to be constructed. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Enineer. The cost and expense of said im- provement will be assessed against allof the property subject to assess- ment for the improvement as is pro- vided by law. Bo it further resolve that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14th day of Feb. 1922, at 4:3Q p. m., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, when and where said res- olution will be considered for pass- age and objections heard; to be given for publication in the official newspapers of the city, in manner and for the time provided by law. The above resolution was ap- proved] and ordered placed on file for final action and the notice of the pendency ordered given this 24th day of January, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of nec- essity was adopted and passed by the City Council and approved this 14th day of Feb. 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be adopted. Second- ed by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent—Councilman Rooney. Councihnan Brede moved that ac- 40 Special Session, February 14, 1922 Company. Whenever any sewers or drains are being constructed by the City under the tracks and right of- way of said Company, said Com- pany, upon written notice thereof, shall provide and maintain adequate supports for its tracks at its own ex- pense. Section 6. Said Company shall keep the space occupied by its right - of -way in good repair at all times. The City( Council shall have the right to determine the necessity for repairs and the materials with which such repairs shall be made, and should said Company refuse orneg- loot to comply with a written notice of said Council to make repairs with- in areasonable time, said Council shall have the right to cause the re- pairs to be made and the expense thereof shall be charged against and collected from said Company. In the removal of heavy snow from tracks, said Company shall not obstruct the remaining portion of the street but in such cases it shall remove there- from any excess snow thrown or ;.wept from its tracks, and any ex- cess of snow so thrown from the irarks which is not removed from the streets by the Company within ten (10) hours thereafter may be re- moved by the City and the Company charged with the expense thereof. Section 7. The cars used on said street railway shall be of approved modern pattern and construction suitable for safety, convenience and comfort of the passengers, equipped with vestibules and be properly heat- ed. All cars, except trailers, shall be equipped with fenders, lights, and a bell or gong which shall be sounded at street crossings. All cars shall come to a full stop before crossing railroad tracks and shall not proceed forward until it has been as- certained that 110 railroad train is approaching. Cars shall not be operated at a greater rate of speed than is con- sistent with the safety of the pub- lic, due regard being given to the traffic upon the streets. The City Council, in the exercise of its police power, reserves the right to enact all reasonable rules and regulations ielative to all matters contained in this action. shall be Section 8. The Company permitted to charge a reasonable and just rate of fare for street car service furnished by it, such rate of fare to be based upon a fair return upon the value of the property ac- tually and necessarily employed in the operation of its street car sys- tem within the City of Dubuque, pro- vided, however, that the City Coun- cil reserves the right, from time to time, to fix reasonable and just rates for such service, subject to the right of the Company to have reasonable- ness and justice of such rates de- termined by a court of competent jurisdiction in a proceeding for that purpose. In case the Company shall at any time desire a change in its rates of fare, it shall first apply to the City Council, or some rate fixing body established by law, for a change in ruch rates, and its rates shall not be increased by said Company until it has been authorized to do so by the City Council. or some rate fixing body, if there be such, or has been granted relief by some Court of com- petent jurisdiction. For the purpose of keeping the City Council informed as to the net earnings of said Company in the op- eration of its street car system sa!d Company shall file statements with the City Council at such times and for such periods as said Council may direct, showing receipts and ex- penditures of its street railway de- 1 artment, said statement being item- ized so as to enable the City Council to understand the nature of the items which it contains. Whenever a request is made for a change in its rates, or in any pro - cedieng for that purpose, the Com- pany shall afford the City Council or any person or persons author- ized or employed by its free acess to the blocks and records of said Company, in order to enable the City to secure any information it desires. Rates of fare for children twelve years of age and younger shall be one -half of that charged adults. Children in arms shall be carried free of charge. From the first day of September to the thirtieth day of June in each year, Saturday, Sundays and holi- days excepted, (said period consti- tuting the school term) school child- ren eighteen years of age and younger shall be entitled to ride up- on neon - transferable) half -fare tick- ets, the same to beuoed only in go- ing to and coming from public or parochial school during the hours of eight to nine a. m. and one to four - thirty p. m. These tickets shall be sold under the following regulations, subject to reasonable modifications trom time tc time, by the Company as circumstances demand. (a) The Company shall have for sale at its main office such tickets in blocks of forty not earlier than the 25th of each month, and shall Sell the same upon presentation of a certificate from the school authority, and such tickets shall be good dur- ing the following month. (b) Each ticket shall bear the date upon which it must be used Special Session, February 14, 1922 and such ticket will be acceptable as fare for that dato only. (c) A rebate for unused tickets will be made at the time tickets for a succeding month are purchased. (d) Any abuse of the privilage contained hereunder will result in the forfeiture thereof, and extensive abuse will result in the forfeiture of this special privilage. Sextion 9. Said Company shall transport free of charge on its cars as ordinary passengers all policemen regularly employed by the City of Dubuque and wearing the insignia of their ' office within limits of said City, as well as all firemen when in full uniform. Said Company Shall also furnish free transportation within the City of Dubuque to mail carriers of the United States Government when on duty, in uniform and while engaged in the distribution of mail along their routes and returning there- from including tho superintendant of carriers, provided, however, that there shall be paid to said Company the amount • of money annually ap- propriated by the Government for transportation of carriers within said City, and this sum shall not be less in any year than the amount allotted to the local post office for the year that this ordinance becomes effective. Section 10. The City Council shall have full power from time to time to make reasonable regulations re- specting the service rendered by said Company, which service shall be continuous during the term of this franchise, unless interferred with of prevented by causes beyond tlie reasonable control of the Com- pany. Should any controversy arise respecting rates of fare or other matters subject to regulation by the City Council, service shall not be dis- continued, pending the adjustment Of the same, except with the approv- al of the City Council. Section 11. The said Company shall not abandon any of its lines or any part thereof nor fail to oper- ate said lines in accordance with this franchise, except by written consent of the City Council. Should said Company abandon said system or any part thereof, without such 'consent, the Council may at its op- tion declare a forfeiture of all rights thereunder, provided, . however that temporary failure to operate by rea- son of causes beyond the reasonable control of the Company • shall not amount to an abandonment. It is specifically provided and agreed, however, that nothing here- in contained shall be construed to prevent the Company from substi- tuting some other modern system of , 41 transportation for the present street railway transportation system if, dur- ing the period of this franchise, such proposed substituted system shall be approved by the City Council of the City of Dubuque. Section 12. The City has by an ordinance of even date herewith granted a franchise to the Company for the construction, maintenance and operation of • an electric distrib- uting system in the City of Dubuque (herein called "electric franchise ") and it is expressly agreed that if the franchise hereby granted shall be lawfully declared forfeited by said City because the company has aban- doned the operation of its street railway system, then in such event the City may, at its option, also de- clare forfeited the electric fran- chise; provided that the electric franchise may not be so forfeited unless for a period of twelve cal- endar months prior to the date when the company abandoned operation of said street railway system either (a) the earnings of the company de- rived from said street railway sys- tem considered separately shall have been sufficient to yield it a just and fair return upon the value of the property used and useful by it in such business, or (b) the earnings of the company from both its elec- tric and street railway business con- sidered as a whole, shall have been sufficient to yield it a just and fair return upon the value of the proper- ty used and useful by it in both its electric and street railway business.. Section 13. Should the City at any time wish to acquire the street railway system operated by said Company, it may do so upon ninety (90) days written notice to the said . Company of such desire. Where- upon, and within the ninety (90) days the City and the Company shall name two representatives each, one of each two to be an attorney -at- law, and the four so named shall select a fifth member, the five to constitute a Board of Appraisal which shall immediately proceed to determine the actual value of the property used, useful and employed in the operation of the street rail- way system within the City of Du- buque, taking into consideration all elements of value provided by law, but without including any value for the franchise herein granted, and such value shall be binding upon the Company. Section 14. Nothing herein con- tained shall be construed to repeal ordinances other than the franchise ordinance granted the Union Electric Company, its successors and assigns, nor to limit the right of the City of Dubuque to pass and adopt ordi- 42 nances and resolutions regulating the operation of the street railway system of the grantee, its successors and assigns in the evercise of its proper police power. That upon the taking effect of this ordinate as herein provided, all fran- chise ordinates heretofore granted to the Union Electric Company> its successors and assigns for the oper- ation of a stret railway system, shall be and the same are hereby re- 1,ealed. Section 15. This ordinate shall take effect and be, in force from and after its pasage, by the City Council, its adoption by the legal voters of the City of Dubuque and the acceptance of its terms by the grantee or its assigns in writing, a surrender by the grantee or its as- signs of all franchises now affect- ing street railway operation in the City and its publication in the Tel- egraph Herald and the Times- Journ al, the official papers of the City of Dubuque. The question whether this ordin- ance shall be adopted and the fore- going franchise take effect shall be submitted to the legal electors of the City of Dubuque, to be voted on at the regular City election to be held March 27, A. D., 1922. At such election on this question the form of ballot shall be: Shall the following public meas- ure be adopted? Yes 1 No 1 —I — - — "Shall the Union Electric Com- pany, its successors and assigns, be granted o n L and operate to lines construct, railway upon and along the streets of Du- buque for a term of twenty -five years as provided, and on the terms and conditions stated in the ordin- ance a copy of which is printed hereon ?" Passed for first reading February G, 1922. Passed by the City Council of the City of Dubuque this 14th day of February, 1922. JAMES ALDERSON, Mayor. THEO, GABRIEI -,, H. G. MELCHIOR, L. H, BREDE, Councilmen. JOHN STUBER, City Clerk. Published officially in the Times- Attest : Special Session, February 14, 1922 Journal and Telegraph - Herald news- papers, Februar STUBER, City Clerk. Councilman Brede moved that the ordinance be adopted. Seconded by Councilman Gabriel.' Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent— Councilman Rooney. $PEOIAL ORDINANCE An ordinance granting to the Du- buque Electric Company, its succes- sors and assigns, the right to erect, maintain and operate poles, wires, and other fixtures in the streets, al- leys and public places of the CitY of Dubuque for the distribution of. electricity for light, power and other purposes for a period of twenty - five (25) years, and regulating such construction, maintenance and oper- ation; repealing all existing fran- chise ordinance now affecting the distribution of electricity for light, power and other purposes and re- quiring the surrender of all rights thereunder by the grantee or its as signs; and providing for submission of said ordinance to a vote of the legal voters of said City for their aproval. Be it ordained by the City Council of the City of Dubuque: Section 1. That there is hereby granted to. the Dubuque Electric Company, a corporation of the State of Delaware, its successors and as- signs, hereinafter referred to as the Company, the right to maintain and operate its system of poles, wires and appurtenances now operated by it along and through the streets, alleys and public places of said CitY for the distribution of electricity for light, heat, power and other pur- poses. Subject to provisio the ns of section five (5) Council may order said Company to construct, maintain and operate such additions and extensions to said system as said Council may from time to time establish to be proper and reasonably necessary for the benefit and accomoda tion of the public and in accord- ance with the restrictions and con- ditions herein stated, said grant to be for a period of twenty-five (25) years following the fulfilment of section 14 hereof. Section 2. The poles, wires said appurtenance to be used by Company shall be of the best of their class and kind in workmanship and materials shall be erected and main- tained under the supervision and the restriction n h e and City Special Session, February 14, 1922 43 reserves the right under reasonable regulations,•to require said Company to place electric wires in conduits underground and shall have the right to designate the district in which such work shall be preformed and also to order the removal or relocation of poles, wires and other appurtenances erected by said Com- pany whenever, in tlie judgment of said Council, such action is neces- sary, and said Company shall forth- with comply with instuctions in such matters at its own expense. Section 3. In the erection, main- tenance and operation of said poles, wires and appurtenances, said Com- pany shall not unnecessarily ob- struct any street, alley or other pub- lic place. The Company shall not permit any street, alley or public place to remain in a dangerous con- dition and shall repair all damage done by it to any street, alley, side- walk, gutter, or other public place. In default of compliance by the Com- pany with the above requirements the City, after proper notice to the Company, may cause the proper re- pairs to be made and for the ex- pense thereof the said Company shall be liable to the City of Du- buque. Whenever any obstructions or excavations are made or caused by said Company it shall be re- quired to protect the same against injuries to person or property by maintaining barriers and lights at or in the immediate vicinity thereof. Section 4. The said Company shall be liable for any injury or dam- age to .person or property by reason of the construction, mantenance or operation of said distributing sys- tem. It shall defond, any action or proceeding against the City of Du- buque arising out of the erection, maintenance or operation of its dis- tributing system, notice of such ac- tion having been given the Company by the City. Should any judgment be rendered against the City in such action, the amount of such judgment and costs shall be paid by the Company. Section 5. The City of Dubuque reserves the right to make all reas- onable and proper police regulations concerning the operation and con- struction of said distributing sys- tem, and to order reasonable and proper extension of service, and to require said Company, subject to reasonable rules and regulations, to furnish any person or corpor- ation aplying therefore anywhere along the system with electrical cur- rent for heat, light, power or other purposes. Section 6. The service of the Company shall be subject at all times to regulations by the City Council. The City Council shall have the power to regulate and fix the rates of charges for electric light, power. heat, and for other purposes and shall have the power to regulate and fix the charges for electric light or power meters, or other device or means necessary for determining the consumption of electric light or power, and this right shall continue during the term of this franchise. For the purpose of keeping the City Council informed as to the net earnings of said Company in the op- eration df its electrical distributing system, said Company shall file statements with the City Council, at such times and for such periods as said Council may direct, showing re- ceipts and expenditures of said dis- tributing system being itemized so as to enable the proper officers to understand the nature of the items which it contains. Whenever a request is made by said Company for a change in its rates, or in any proceeding for that purpose, the Company shall afford the City Council or any person persons authorized or employed by it free access to the books and rec- ords of said Company, in order to enable the City to secure any in- formation it desires. Section 7. Said Company shall pay to the City of Dubuque the sum cf fifty ($50.00) dollars per month which shall be applied upon the sal- ary of the City Electrician. In con- sideration of such payment it shall be the duty of the City Electrician to make an inspection not less than once every six (6) months of the wires and connections of said Com- pany throughout the City and report all defects or imperfections disc if therein to the Company, such defects be not repaired at once, it shall be his duty to make such repairs or cause them to be made at the expense of the Company. be subject to joint occupancy and and controlled by the Company, shall troled by the City and poles owned Section 8. Poles owned and con - used by said City and Company up- on due notice whenever practicable and advisable but only for their re- spective sole use and benefit, and no compensation shall be charged or received therefor. Section 9. The distributing sys- tem of said Company now being op- erated or hereafter installed shall not be abandoned, in whole or in part, without the written consent of the City Council. Should said Com- pany abandon said system or any part thereof, without such consent, the Council may, as its option de- 1 Special Session, February 14, 1922 45 stated in the ordinance, a copy of which is printed hereon ?" Passed for first reading Feruary 6, 1922 Passed by the City Council of the City of Dubuque this 14 day of Feb- ruary, 1922. JAMES ALDERSON, Mayor. THEO. GABRIEL, H. G. MELCHIOR, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph - Herald news- papers, February 23, 1922.-4 w. JOHN STUBER, City Clerk. Councilman Brede moved that the ordinance be adopted. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Councilman Brede moved that the Clerk be instructed to publish no- tice of the election upon the ordin- ance as provided by law. Second- ed by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. SPECIAL ORDINANCE. An ordinance granting to The Key City Gas Company, its successors and assigns, the right to retain, maintain and operate its existing gas distributing system in the City of Dubuque and to la; and maintain its gas pipes and appurtenances theretoin, under, through across and upon streets, avenues, alleys, bridg- es, parks, highways and public places of said City, for the period of 25 years and regulating the same; repealing all existing franchise ord- inances heretofore granted to said The Key City Gas Company and re- quiring the surrender of all rights thereunder by the grantee therein; and providing for the submission of said ordinance to a vote of the legal voters of said City for approval, pre- sented. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Petition of Miss Josephine Wasser. To the Honorable City Council: Gentlemen: Your petitioner, own- er of the N 1 -2 N M 1 -5 of City lot 482, respectfully asks your Honor- able Body to make the City taxes on her home the same as set by the Council last year. Your petitioner finds it hard to pay this increase in taxes and asks your Honorable Body to instruct the Treasurer to accept taxes the same as last year. Respectfully yours, Josphine Wasser. Councilman Brede moved that the prayer of the petition be granted and the Treasurer be so instructed. Seconded by Councilman Melchior. Carried by .the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent— Councilman Rooney. Report of the City Auditor for the month of January, presented. Coun- cilman Brede moved that the report be received and filed. Seconded by Councilman. Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Report of the City Treasurer for the month of January, presented. Councilman Brede moved that the report bereceived and filed. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Abset — Councilman Rooney. Report of the City Water Works for the month of January, presented. Councilman Brede moved that the report be received and filed. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Depository Bond of the First National Bank, presented. It being properly executed Councilman Brede moved that it be received and filed. Seconded by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent— Councilman Rooney. Bond of Ed. Bowman and Jos. Healey for maintaining and operat- ing a display sign, presented. It be- ing properly executed, Councilman Brede moved that it be received and filed. Seconded by Councilman Mel- chior. Carried •by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilinan Rooney. To the Honorable Mayor and Coun- 44 Special Session, February 14, 1922 clare a forfeiture of all rights there- under provided, however, that temp- orary failure to operate by reason of causes beyond the reasonable con- trol of the Company shall not amount to an abandonment. Should any controversy arise respecting rates or other matters subject to regulation by the City Council, ser- vice shall not be discontinued pend- ing adjustment, of the same, except with the approval of the City Coun- cil. Section 10. The City has by an ordinance of even date herewith granted a franchise to the Company for the construction, maintenance and operation of a system of street railways upon and along the streets of the City of Dubuque (herein called "street railway franchise ") and it is expressly agreed that if the franchise hereby granted be law- fully declared forfeited by said City because the Company has abandon- ed the operation of its electric dis- tributing system, then and in such event the City may at its option, al- so forfeit the street railway fran- chise; provided that the street rail- way franchise may not be so forfeit- ed unless for a period of twelve cal- endar months prior to the date when the Company abandoned operation of said electric distributing system either (a) the earnings of the Com- pany derived from said electric dis- tributing system considered separ- ately shall have been sufficient to yield it a just and fair return upon the value of the property used and useful by it in such business, or (b) the earnings of the Company from both electric and street railway bus- iness considered as a whole shall have been sufficient to yield it a just and fair return upon the value of the property used and useful by it in both its electric and street railway business. Section 11. Should the City of Du- buque at any time desire to acquire by purchase the manufacturing plants and distributing system of said Company, it shall give said Company a ninety days' notice of such intention, whereupon the City and Company shall each name two representatives, one of each two shall be an attorney -at -law, and the four so named shall choose a fifth party who with them shall consti- tute a Board of Appraisal which shall immediately proceed to determ- ine the actual value of the proper- ty used, useful and employed in the operation of the distributing system within the City of Dubuque, taking into consideration all elements of value provided by law, but without including any value for the franchise herein granted and such value shall be binding upon said Company. Section 12. In consideration of the privileges granted to and con- ferred upon said Company by virtue of the terms of this franchise said Company agrees to expend not less than two hundred and fifty thous- and ($250,000.00) dollars upon bet- terments, extensions and improve- ments, said sum to be expended within the City of Dubuque on or before the first day of January, 1925. Should said Company fail or refuse to carry out the terms of this sec - tion, the City Council shall have the right and authority to declare all rights granted hereunder forfeited, and such forfeiture may be exer- cised by the repeal of this ordin- ance. Section 13. Upon the taking ef- fect of this ordinance as herein pro- vided, all franchise ordinances here- tofore granted to the Union Elec- tric Company, its successors and as- signs for the operation of an elec- trical distributing system within the City of Dubuque shall be and the same are hereby repealed. Section 14. This ordinance shall take effect and be in force from and after its passage by the City Council, its adoption by the legal voters of the City of Dubuque, and the accept- ance of its terms by the grantee or its assigns in writing, a surrender by the grantee or its assigns of all franchises now affecting the sale and distribution of electric current in Dubuque, and its publication in the Telegraph Herald and the Times - Journal, the official newspap- ers of the City of Dubuque. The question whether this ordin- ance shall be adopted and the fore- going franchise take effect shall be submitted to the legal electors of the City of Dubuque, to be voted on at the regular City election to be held on March 27, A. D. 1922. At such election on this question the form of ballot shall be: Shall tho following public meas- ure be adopted? Yes No "Shall the Dubuque Electric Com- pany, its successors and assigns, be granted the right to erect, maintain and operate poles, wires and other fixtures in the street, alleys and pub- lic places of Dubuque for the dis- tribution of electricity for light, pow- er and other purposes for a period of twenty -five (25) years as provid- ed and on the terms and conditions fl Special Session, February 17, 1922 CITY COUNCIL (Official) Special session Feb. 17th, 1922. Council met at 3:30 p. m. Meeting called by order of Coun- cilman Brede and Melchior. Present —City Manager Carr, Councilmen Brede, Melchior, Gabriel. Absent —Mayor Alderson, Council- man Rooney. Councilman Brede moved that Councilman Melchior act as chair- man of this meeting., Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Councilman Brede, Gabriel. Nays, None. - Not Voting — Councilman Mel- chior. Absent —Mayor Alderson, Council- man Rooney. Chairman Melchior read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering plans of The Highway Com- mission for the improvement and re- location of the Rockdale Road, and acting on any other business that may come before the meeting. Councilman Brede moved that the plans as presented by The Highway Commission locating the road lead- ing from Grandview avenue to the City limits be accepted, that the work thereon be begun this year and that the City join with the Coun- ty in securing bids and letting con- tracts for the City's portion of the work. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas — Councilmen Brede, Gabriel, Melchior. Nays —None. Absent —Mayor Alderson, Council- man Rooney. Councilman Brede moved that the City Engineer be instructed to pre- pare plat and plans to be presented to the City Council as early as pos- sible, covering the right of way for the Rockdale Road. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Councilmen Brede, Gabriel, Melchior. Nays —None. Absent —Mayor Alderson, Council- man Rooney. Councilman Brede moved to ad- journ. Carried. JOHN STUBER, City Clerk. Adopted: Approved: Councilmen Attest: City Clerk. 47 46 Special Session, Fe cil of the City of Dubuque. Gentlemen: The petition of J. E. Kemler, agent, asking for the can- cellation of taxes from 1914 to 1919 upon Lots 3, 4, 5 and the East 27 feet of Lot 6 of Littleton and Saw- yer's Subdivision has been referred to me for an opinion and report. I beg to advise you that I have examined the records and find the statements contained in the petition to be true. Through an over -sight of some kind in the taxes upon this property was not carried forward as required by law and when the tax payer paid the taxcs for the years of 1920 and 1921 the previous years failed to be shown upon the tax books and they ceased to be a lien upon that property, under the law. I would therefor recommend that the prayer• of her petition be granted and that the Treasurer be instructed to cancel as unavailable, the taxes for the years 1914 to 1919, both inclusive. Respectfully submitted, M. H. Czizek. City Solicitor. Councilman Melchior moved that the report of the City Solicitor be approved, the prayer of the petition be granted and the County Treasur- er be instructed accordingly. Sec- onded by Councilman Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Petition of Louis C. Scherling. To the City Manager and City Coun- cil of Dubuque: Gentlemen: The writer finds that in the matter of payment of taxes for his mother Lena Scherling, that there is an apparent error. You will kindly note that on tax receipt unmber 433 in the name of Lena Scherling, that she paid a sum total of $105.30. While the writer believes that this sum should have been $32.50 as this was a tax on money and credits of $6500.00 and he believes that the City was not justified in collection of corporation tax in the amount of $72.80. As he thinks the error so apparent on. the face of it, that he wishes you gen- tlemen would ' give the matter your attention and if Mrs. Scherling is entitled to a refund, that you will see that she gets it. Yours truly, Louis C. Scherling. Councilman Brede moved that the petition be referred to the Assessor to investigate and report back to the City Council. Seconded by Coun- cilman Melchior. Carried by the following vote: bruary 14, 1922 Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. City Solicitor Czizek reported ver- bally that on the matter of the delin- quent personal taxes of Wm. Fossel- man, he has been made an offer of $161.00 and court costs in settlement thereof, and recommended that this offer be accepted. Councilman Brede moved that the recommendation of the City Solicit- or be approved, and he be author- ized to settle with Mr. Fosselman for $161.00 and court costs, payment in full of his personal taxes for 1919 and prior years. Seconded by Coun- cilman Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Councilman Brede moved that de- pository bonds required by the City from the banks be placed at $25.000- .00. Seconded by Councilman Mel- chior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman JOHN Rooney. STUBER, City Clerk. Adopted Approved Councilmen Atttest: City Clerk. 48 Special Session, February 24, 1922 CITY COUNCIL (Official) Special session Feb. 24th, 1922. 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, Gabriel, Melchior, Rooney. Mayor Alderson read the call and stated that service thereof hed been duly made and that this . meeting is called for the purpose of adopting the resolutions of necessity for im- proving Jackson street, from the North property line of Eleventh street to the South property line of Twenty- second street, and Seventh street, from the West property line of Jackson street to the Railroad tracks East of Washington street and acting on any other business that may come before the meeting. Notice certified to by the publish- er, that upon the recommendation of the City Manager, it be deemed necessary and advisable to improve Jackson street, from the North prop- erty line of Eleventh street to the South property line of Twenty -sec- ond 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: YeasJMayor Alderson, Council men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Jackson street from the North property line of Eleventh street to the South prop- erty line of Twenty- second street except where already unproved by curbing with new cement curb where required, resetting old stone curb where required, by snaking sewer, water and gas connection to prop- erty not already connected with the same and by paving either with brick 'block Vibrolithic, Sheet As- phalt or Bitulithic pavement on the present foundation, in the event a Bituminous pavement is selected a cement gutter is to be constructed. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to as- sesment for the improvement as is provided by law. Be it further re- solved that the resolution hereto- fore adopted by the Council on Jan. 24, be and the same is hereby re- scinded. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for fur- ther and final hearing consideration and determination at a meeting of the City Council to be held the 24th day of Feb. 1922, at 4:30 p. m., in the Council Chamber and that the City Clerk be and he is hereby in -, structed to cause notice of the pend- ency of the above resolution and the time and place, when and where said resolution will be considered for passage and objections heard, to be given by publication in the off - cial newspapers of the City, in man- ner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 6th day of Feb. 1922. Approved: JAMES ALDERSON, THEO. GABRIEL,, H. G. MELCHIOR, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of neces- sity was adopted and passed by the City Council, and approved this 24th day of Feb. 1922. JAMES ALDERSON, THEO. GABRIEL, H. G. MELCHIOR, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the adoption of the resolution. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution. 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 tthe 6th day of February, and duly passed and approved on the 24th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the improve - ment of Jackson street from the North property line of Eleventh street to the South property line of Special Twenty - second street, except where already improved, by curbing with new cement curb where required, by resetting old curb where required, by making sewer, water and gas con- nections to property not already con- nected with the same and by pav- ing either brick block, Vibrolithic, sheet asphalt or Bitulithic pavement on the present foundation, in the event a bituminous pavement is se- lected a cement gutter is to be con- structed, be and the same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby instructed to adver- tise for proposals for the construc- tion of the improvement above de- scribed, the said improvement to be constructed in strict accordance with the plans and specifications thereof, prepared by the City En- gineer, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the 1st day of October, 1922. The cost and expense of v.aid work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the as- sessment out of funds to be created by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special assess- ment under the provisions of Chap- ter 8 Title 5 of the Code of Iowa, and amendments thereto; and any deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be lev- ied under the provisions of Section 831 of the Code of Iowa, in antici- pation of which bonds will be issued under the provisions of Section 912 of the Code of Iowa and Section 912a of the Code Supplement. This resolution being deemed ur- gent and immediate importance, shall be in force and effect after its passage of the City Council. Adopted: Feb. 24, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR THEO. GABRIEL, L. H. BREDE, M. B. ROONEY, 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, Melchior, Roon- ey. Nays —None. Session, February 24, 1922 49 Notice certfled to by the publish- er, that upon recommendation of the City Manager, it be deemed neces- sary and advisable to improve Sev- enth street, from the West proper- ty line of Jackson street to the Rail- road tracks East of Washington street. Councilman Brede moved that the notice bereceived and filed. Seconded by Councilman Gabriel. Carried by the following vote. Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A petition of The Martin Strelau Company and the Chicago, Mil - waukee and St. Paul R. R. Company, by their attorneys, Brown, Lacy and Clewell, presentd, remonstrating against that part of the proposed im- provement, lying Easterly of the East line of Washington street, and which abutts the property of the two parties , making this protest, asking that the improvement be not made at the present tiine, and pre- sent the following reasons: 1 —The undersigned are the sole owners of the property abutting that part of Seventh street which it is proposed to improve, that lies East- erly of the East line of Washington street, and the improvement of the property would result in a heavy tax against each of the parties hereto. 2 —It is our understanding that the owners of property abutting Seventh street between Jackson and Wash- ington street do not object to the proposed improvement. Washing- ton street has been improved from the North line of Seventh street, and if the improvement now pro- posed is carried down to the East line of Washington street, it will make the connection with the im- proved part of Washington street, and there would seem to be no nec- essity for expensive improvement of that part of Seventh street East of Washington street at the present time, nor in any event until such time as Seventh street Easterly of the railroad tracks is similarly im- proved. This part of Seventh street is in passable condition and com- pares favorably with that part of Seventh street lying Easterly of the railroad tracks. 3 —The undersigned Martin -Stre- lau Company, have been put to a heavy expense for the improvement of Washington street Northerly of Seventh street and it seems to them to be a great hardship to have ad- ditional burden put on them of the expense of the improvement of Sev- enth street East of Washington street at this time. 4 —The cost of improvement of this character is still somewhat high 50 Special Session, February 24, 1922 and the financial conditions of the undersigned, C. M. St. P. R. R. Co. as well as the Railroads in general is such, that it is desirable and nec- essary that expenditures for im- provements be limited to those that seem to be essentially necessary. Dubuque, Iowa, Feb. 24, 1922. Respectfully submitted, Martin Strelau Co. By P. E. Strelau. Chicago Milwaukee & St. Paul Rail- way Co. By Brown, Lacy & Clewell, Its Atorneys. Councilman Brede moved to sus- pend the rules to allow any one present to address the Council. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Attorney Glenn Brown, and Paul Strelau addressed the Council, rela- tive to the petition, verifying the fact therein stated. Councilman Brede moved that the petition be received and filed. Sec- onded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Seventh street from the West property line of Jack- son street to the railroad tracks East of Washington street by curbing with new cement curb where re- quired by resetting old stone curb where required and by paving said street with either vibrolithic pave- ment or with brick block on con- crete foundation. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to as- sessment for the improvement as is provided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbef ore set forth and that this proposed reso- lution (except this paragraph) be and the same is hereby set down for further and final hearing considera- tion and determination at a meeting of the City Council to be held the 24th day of Feb. 1922, at 4:30 p. m., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, when and where said resolution will be con- sidered for passage and objections heard, to be given by publication in the official newspapers of the City, in manner and for the time provid- ed by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 6th day of Feb. 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of neces• city was adopted and passed by the City Council and approved this 24th day of Feb., 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STU,BER, City Clerk. Councilman Brede moved the adoption of the resolution. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution. Be it resolved by the City Council of the City of Dubuque, that pursu- ant to al resolution of necessity, proposed at a meting of this Council, on the 6th day of February, 1922, and duly passed and aproved on the 24th day of February, 1922, it is here- by ordered that the improvement described in said resolution of nec- essity providing for the improve- ment of Seventh street, . from the West property line of Jackson street, to the railroad tracks East of Wash- ington street, by curbing with new cement curb where required, reset- ting old stone curb where required, and by paving said street with eith- er vibrolithic pavement or brick block on a concrete foundation, be and the same is hereby ordered con- structed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- Special Session, February 24, 1922 provement to be constructed in strict accordance with the plans and spec- ifications thereof, prepared by the City Engineer, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the assessment out of the funds to be created by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- sessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, and amendments thereto; and any deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be lev- ied under the provisions of Section 831 of the Code of Iowa, in antici- pation of which bonds will be issued under the provisions of Section 912 of the Code of Iowa and Section 912a of the Code Supplement. This resolution being deemed ur- gent and of immediate importance, shall be in fore and affect after its passage by the City Council. Adopted Feb. 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, 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, Melchior, Roon- ey. Nays —None. SPECIAL ORDINANCE. An ordinance granting to The Key City Gas Company, it successors and assigns, the right to retain, main- tain and operate its existing gas distributing system in the City of City of Dubuque and to lay and main- tain its gas pipes and appurtenances thereto in, under, through, across and upon streets, avenues, alleys, bridges, parks, highways and public of said City for the period of 25 years and regulating the same; re- pealing all existing franchise ord- inances heretofore granted to said The Key City Gas Company and re- quiring the surrender of all rights thereunder by the grantee therein; 51 and providing for the submission of said ordinance to a vote of the leg- al voters of said City for aprovpal. Be it ordained by the City Council of the City of Dubuque: Section 1. That in consideration of the faithful performance and ob- servance of the conditions and res- ervation hereinafter specified, the right be and is hereby granted to The Key City Gas Company, its successors and assigns, hereinafter called the Company, to retain, main- tain and operate its present gas dis- tributing system and to lay and maintain its gas pipes and appur- tenances thereto in under, through, across, along and upon the streets, avenues, alleys, bridges, parks, highways and public places of the City of Dubuque for the period of 25 years following the fulfillment of Section 19 hereof. Section 2. In consideration of the rights granted in the first section hereof, the said Company agrees and binds itself, whenever required by applicants in good faith, to furnish gas for illuminating, cooking, heat- ing or power purposes to the City of Dubuque, and to inhabitants thereof, in all cases where the buildings to be supplied are equipped for the use cf gas situated on or along the line of the streets or alleys in which the gas pipes of said Company are laid; also, in all such cases, when- ever required, to make the usual meter connections necessary to sup- ply buildings situated as aforesaid with gas for the purposes herein specified the expense of furnishing the consumer with proper meters and meter connections to be borne by said Company. The Company al- so to make, from time to time such extensions and additions to its gas mains as may be reasonably re- quired by the City Council of said City, but in no event to any greater extent than is herein specifically provided for. Section 3. It is further provided and agreed that the gas to be sup- plied and distributed under this grant is to be manufactured from coal, oil or other suitable materials, and that its heating value shall be maintained at a minimum of 560 British Thermal units per cubic foot of gas, which heating value shall not drop below this standard for more than three consecutive days and not more than six days in any one month, unless the City Council shall by resolution, provide for gas of a lower heating value. The City Council expressly reserves the right to provide means of mak- ing tests from time to time to as- certain the quantity of quality of the gas furnished and the Corn- 52 Special Session, February 24, 1922 pany shall furnishthe City, or any officer employed by it for the pur- pose, full access to its plant, and whatever assistance may be necess- ary to properly make such tests. Section4. The price of gas furn- ished to the City for public light- ing, for the lighting public buildings and other public purposes, and also the price of gas furnished to private consumers and the rates of rent for meters in public or private build- ings and houses shall be subject to the control and regulation of the City Council of the City of Dubuque; provided that such prices and rates shall be reasonable and compensa tory and shal be not fixed until af- ter reasonble notice to said Company of the intention of the City Council to exercise the right to fix the same; and further provided that the con- trol and regulation " of prices and rates shall be subject to any statute of this state relative thereto now or hereafter enacted. Section 5. For the purpose of keeping the City Council informed as to the net earnings of said Com- pany in all its departments and from all sources the Company agrees that on or before the twenty -fifth day of each January it will file with the City Council a report or state- ment showing the revenue receipts and expenditures of the Company in all its departments and from all sources in the conduct of its entire business for the preceeding calendar year, said statements to be itemized so as to enable the Council to un- derstand the nature of the items which it contains. Upon request of the Council a similar statement will be supplied any July for preceding six months. Whenever any controversy arises over the question of adjusting or fixing rates and prices or in any proceeding for that purpose the Com- pany shall afford the Council or any person or persons authorized or em- ployed by it, free access to the books and records of the Company requir- ed to establish the adequacy of the rates then in effect or proposed. Section 6. In making excavations in streets, alleys or other public places for the purpose of renewing, extending or repairing gas pipes, said Company shall proceed with such work so as to cause the least possible inconvenience to the public. While the work is under construc- tion the Company shall properly guard and protect such obstructions which it may cause to be made in the streets, sidewalks• and public places by placing at or near the same suitable barriers, guards or lights. After the .work has been completed the Company shall re- 1 Place the streets and sidewalks and public places which it has torn up or disturbed and leave the same in substantially the same condition they were in before and remove all surplus materials at once. Should the Company fail or refuse to do and perform the things herein pro- vided, the City may perform them and charge the expense thereof to the Company. In case any suit or action at law be commenced against the City of Dubuquo upon any claim for damag- es arising out of any loss, injury or damage, charge to have been caused by any obstruction or excavation was made or left in, under or upon such street, sidewalk, alley or public place by said Company, its agents or employees upon being notified by said City of such action or pro- ceeding said Company shall appear and make proper defense thereto; and if any judgement or decree shall in any such case be rendered against the City therein, said Company here- by, agrees to assume and pay such judgement or decree, with the costs thereof. Section 7. The said Company agrees that it will at all times com- ply with any and all rules and regu- lations which the City Council of the City of Dubuque may make applying to the public generally with refer- ence to the removal or replacement of pavements and to excavations in the streets, and to uses of the streets, not inconsistent with their use for the purposes contemplated in this ordinance. Section 8. Before the work of tearing up or excavating in streets or public places for the purpose of laying gas pipes, said Company shall file wit hthe City Engineer an ap- plication showing the streets or pub- lic places where the proposed work is to be done and said Engineer shall thereupon, without unnecessary de- lay, assign the location for such pipes in such street of public place, and the Company, in laying its pipes in such street or public place, shall follow such location. No excavation for the laying of pipe shall be done until a location is assigned as here- in provided. Section 9. The said Company shall, at its own expense, place and maintain on file intleoffice nd the City Engineer, a complete ac- curate map showing the size and lo- cation of all mains now in the streets, alleys and public places of said City and private Rights of Way, and such map shall be corrected and amended on or before January 1st, of each year to show new in- stallations, Sect on10.ddThe1Company shall at Special Session, February 24, 1922 all times cause its pipes and appli- ances to conform with established grades, either as they now are or as they may be hereafter changed. Whenever the City shall determine to construct, ropair or improve in any manner, any street in the City in or across which pipes or appli- ances of the Company are laid, mak- ing it necessary to lower, elevate, change, remove or relay any such pipes or appliances in order that such public improvement may be constructed, the Company shall, at its own expense, make such alter- ations, and the docision of the City Council as to the necessity of such alteration or removal shall ho final; provided however, that a reasonable notice of the intention of the City Council in this respect and the work required to be done shall be given the Company. Section 11. Whenever an applica- tion in good faith is made to the Company for an extension of its dis- tributing system in territory con- tiguous to tho streets in which its gas mains are already laid, the Com- pany shall make such oxtensions provided the applicant or applicants therefor by properly secured guar- antee to the Company agrees that for the period of not less than five (5) years from the date of making such extention he will bocome and continue user of the Company's gas service on such extonsion to the extent of net loss than 1000 cubic feet per annr in for each $5.00 of cost to the Company of providing and installing the main, oquipment and connections required to furnish the gas service. Should said Com- pany fail or refuse to make exten- sions as herein provided the City Council may order the same. Section 12. Whenever an applica- tion for an extension of its distri• buting system into nuimproved ter- ritory is made to said Company the extension including service pipes to tho lot lines shall be made by said Company provided that the cost thereof shall be paid by the appli- cant therefor, an estimate of such cast being furnished the applicant by the Company. When the prop- erty abutting such extension is im- proved and there is a consumption of gas through the service pipes constituting a part thereof such ap- plicant shall be entitled, during the period of seven years following the making of such extension, to a re- fud, at the end of each year, of all sums •received by the Company for gas sold and delivered through sald service pipes during the preceding year; providing, however, that in no case shall the total amount of such refunds exceed the sum of $5.00 per 53 one thousand (1000) cubic feet of average annual gas sales through said service pipes, nor exceed the amount received by the Company for the making of such extension. Should sand Company fail or refuse to make such extension the con- ditions provided for this section having been complied with, the City Council may order the said Company to make the same, except as other- wise covered by Section 12 of this ordinance, the Company shall also lay laterals to the curb line at such places where they may reasonably serve abutting property and the cost thereof shall also be paid for by the person applying for the extension. The appicant paying the Company for Such lateral shall have the priv- ilege of having the payment return- ed to him by the Company when the Company will have received payment for gas supplied through said lateral equivalent in volume to 16000 cubic feet or more per year for a period of three years, but in no event, shall a refund be mace after a period of years from the date such extension was made. In any street where gas mains or pipes are now laid, the Company shall upon the application of a bond fide consumer owning' property abut- ting the street in which the main is situated, lay a lateral to the lot line of such property of said con- sumer; so abutting said street with- out expense to the consumer; pro- vided the applicant, by properly se- cured guarantee to the Company, agrees to make gas through said lat- eral or service pipe in volume equiv- alent to not less than 16000 cubic feet per year for a period of three years following the laying thereof. Section 14. Whenever it is pro- posed by the City to improve a street in which gas mains or pipes are already laid, laterals and ser- vice pipes shall be laid from the main to the curb line by the Com- pany at the expense of the property owner; and if, within a period of ten (10) years thereafter, gas shall be used through said service pipe in volume equivalent of not less than 15000 cubic feet per year for a per - ior of three years said owner or his assigns shall have the cost of said lateral refunded to him, In the ab- sence of an agreement between the property owner and the Company to pay the expense of laying the later- als herein provided for, the City may order such laterals laid and as- sess the cost thereof to the abutting property as provided by law and in such case there shall be no refund allowed or made. Section 15. As soon as practic- 54 Special Session, February 24, 1922 able hereafter, and thereafter dur- ing the term of this grant and in consideration therefor, the Company shall have prepared reasonable rules and regulations not inconsist- ent with the provisions of this ord- inance with reference to extension of its distributing system which rules and regulations shall have a uniform application throughout the 'City and a copy of which shall be placed and kept on file with the City Clerk. Section 16. The distributing sys- tem of said Company now operated by it or which may be hereafter in- stalled shall not be abandoned or discontinued except with the con- sent of the City Council. In the event of any substantial failure on the part of the Company to render the gas service to the ■C'ity of Dubuque and the inhabitants thereof as contemplated and provid- ed by this ordinance when such fail- ure is not due to causes beyond the reasonable control of the Company, the City Council shall have the right on reasonable notice to the Company, to declare this ordinance and the rights and franchises grant- ed thereunder forfeited. Section 17. In further consider- ation of the priviledges granted to and conferred upon said Company by virtue of the terms of this fran- chise, said Company agrees to lay, within a period of one year from the passage of this ordinance, a main line of gas pipe, having a capacity as laid and connected of not less than fifteen thousand cubic feet of gas per hour, westerly in and along West Fifth street, from Bluff street, to the terminus of said West Fifth streelt, or the vicinity thereof, for the purpose of augmenting and in- creasing the present volume of gas supply to residents of the hill dis- tricts contiguous or adjacent to said West Fifth street and to the territ- ory beyond in the direction of the western limits of the City. Should said Company fail to make the proposed extension within the time stated, the City Council may declare all rights granted hereunder forfeited and cancelled and such for- feiture or cancellation may be ex- ercised by repeal of this ordinance, Section 18. This ordinance, when duly ratified by the electors of the City of Dubuque, Iowa, and accept- ed by The Key City Gas Company, shall be constured to have the force and effect of a contract between the City of Dubuque and said Company and be mutually binding on both parties and it is understood and agreed by and between the said City of Dubuque and said Company that upon the taking effect of this ord- inance all franchise rights and priv- ileges granted theretofore by the City of Dubuque to any gas com- pany, person, firm or corporation and theretofore owned or held by the said The Key City Gas Corn, pany, or in which said Company has had or has an interest, shall ter- minate as of that date. Section 19. This ordinance shall take effect and be in force from and after its passage by the City Coun- cil, its approval and ratification by the legal voters of the City of Du- buque and the acceptance of its terms by the grantee or its assigns in writing and its publication in the Telegraph - Herald and Times- Journ- al, the official newspapers of the City of Dubuque. The question whether this this ordinance' shall he approved and the foregoing franchise take effect shall be submitted to the legal electors of the City of Dubuque, to be voted on at a regular City election to be held on March 27th, A. D. 1922. At such election on this question the form of ballot shall be: Shall the following public measure be adopted? Yes No "Shall The Key City Gas Com- pany, its successors and assigns, be granted the rightto retain, maintain, and operate its existing gas distri- bution system and to lay and main- tain its gas pipes and appurtenances thereto , in ,under, through, across, along and upon the streets, alleys, avenues, bridges, parks, highways and public places in the City of Du- buque for a period of twenty -five years as provided and upon the terms and ' conditions stated in the ordinance adopted by the City Coun- cil February 24th, 1922, a copy of which is printed hereon ?" Passed by the City Council upon first reading February 14th, 1922. Passed by the City Council upon final reading February 24th, 1922. JAMES ALDERSON, Mayor. H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph- Herald .news- . papers, February 28th, 1922. -4w. Councilman Brede moved the adoption of the ordinance. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas—Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Not voting — Councilman Rooney. Petition of C. M. St. P. Railroad Company, presented. To the Mayor and City Council of Dubuque: Gentlemen: The undersigned C. M. & St. P. Railroad Co. protests against the proposed improvement of Fourth street from the East prop - ,erty line of Main street to the East property line of the alley between Central avenue and White street, as set out in resolultion of necess- ity heretofore proposed by the , Council, and joins in the protest of other abutters heretofore made or- ally to the Council, and respectfully asks that such improvement, espec- ially that part of it Easterly of Cen- tral avenue, abutting this company's property, be not made at the pres - ent time, and for the following reas- ons: 1 —The part of the proposed im- provement Easterly of Central av- enue abutts this company's property and the improvement would result in a considerable assessment against this company. 2 -The street is now in an entire- ly serviceable condition, being brick paved and as we understand, the criticism of its present condition is that it is in some places somewhat rough, but that part of it Easterly of Central avenue which abutts this company's property is in very good condition. 3 —The cost of improvements of this character is still somewhat ab- normaly high and the financial con- dition of this company as well as of the railraods in general is such that it is desirable and necessary that expenditures limited to those that seem to be essentially necessary. Dubuque, Iowa, Feb. 24th 1922 Respectfully submitted, Chicago, Milwaukee & St. Paul Rail- way Company. By Brown, Lacy & Clewell, Its Attorneys. Attorney Brown addressed the Council relative to this petition, al- so. Councilman Brede moved that the petition be received and filed. Sec- onded by Councilman Melcior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey, Nays —None. A Resolution of Necessity. Be it resolve by the City 'Council of the City of Dubuque that, upon recommendation of the City Man- Special Session, February 24, 1922 55 ager, it be deemed necessary and advisable to improve Fourth street from the East property line of Main street to the East property line of the alley between Central avenue and White street, except where al- ready improved; by curbing with new cement curb where required, resetting old stone curb where re- quired and by resurfacing said street with asbestos bithulithic. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as h'ereinbefore set forth and that this proposed reso- lution (except this paragraph) be and the same is hereby set down tor further and final hearing, considera- tion and determination at a meeting of the City 'Council to be held the 14th day of Feb. 1922, at 4:30 p. m., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, when ana where said resolution will be con- sidered for passage and objections heard, to be given by publication in the official newespapers of the City, in manner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 24th day of January, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of nec- essity was. adopted and passed by the City Council and approved this 24th day of February, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, Councilman Gabriel moved the adoption of the resolution. Second- ed by 'Councilman Brede. Carried by the following vote: I I 11 1 I I lil,! ,1,1 56 Special Session, February 24, 1922 Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution. 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 24th day of January, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the improve- ment of Fourth street, from the East property line of Main street to the East property line of alley between Central avenue and White street, except where already improv- ed, by curbing• with new cement curb where required, by resetting old stone curb where required and by resurfacing said street with as- bestos bituli'thic, be and the same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and specifications thereof, prepared by the City Engineer, and, approved by the City Manager and now on file in the office of the City Clerk, the work to be completed on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or ad- jacent to said improvement will be assessed, and payment will be made to the contractor to the amount of the assessment out of funds to be created by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- sessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, and amendments thereto; and any deficiency between the amount of the contract price and the amotutt of said bonds will be paid from the proceeds bf a special tax to be levied under the provisions of Section 831 of the Code of Iowa, in anticipation of which bonds will be issued under the provisions of Section 912 of the Code of Iowa and Section 912a of the Code Supple- ment. This resolution being deemed ur- gent and of immediate importance shall be in force and affect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. 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, Melchior, Roon- ey. Nays - -None. Councilman Brede moved that ac- tion on the resolution relative to the improvement of Twelfth street be deferred. Seconded by Council- man Gabriel. 'Carried by the follow- ing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Resolution of necessity for the im- provement of Alta Vista street from the South property line of Julien av- enue to the North' property line of West Fifth street, presented. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation. of the City Manag- er, it be deemed necessary and ad- visable to improve Alta Vista street, from the South property line of Jul- ien avenue to the North property line of West Fifth street, by curb - in with new cement curb where re- quired, by resetting old stone curb where required and by paving with either brick block, Vibrolithic, sheet asphalt or Bitulithic pavement on the present macadam foundation; in the event a bituminous pavement is selected, a cement gutter is to be constructed; also by placing sewer, mater and gas connections to prop- erty not connected with the same. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assess -d against all of the property subject to assess- ment for the improvement as pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolu- tion. (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 the City Council to be held the 14th day of Feb. 1922, at 4:30 Attest: Special Session, February 24, 1922 p. m., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolu- tion and the time and place, when and where said resolution will be considered for passage and objec- tions heard, to be given by publica- tion in the official newspapers of the City, in manner and for the time provided by law. The above resolution was ap- proved and ordered placed, on file for final action and the notice of the pendency ordered given this 24th day of January, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. 13. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of nec- essity was adopted and passed by the City Council and approved this 24th day of February, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adoption of the resolution. iSecond- ed by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution. 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 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the improve- ment of Alta Vista street, from the South property line of Julien aven- ue to the North property line of West Fifth street, by curbing with new cement curb where required, by resetting old stone curb where re- quired and by paving with brick block, Vibrolithic, sheet asphalt or Bitulithic pavement on the present foundation, in the event a bitumin- ous pavement is selected a cement gutter is to be constructed, also by placing sewer, water and gas con- nections to property not already connected with same, be and the 57 same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and specifications thereof prepared by the City Engineer, and approved by the City Manager and now on file in the office of the City Clerk, the Work to be completed on or before the 1st day of October, 1022. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the assessment out of funds to be cre- ated by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- sessment under the provisions of Chapter 8 Title 5 of the Code` of Iowa, and amendments thereto; and and deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be levied under the provisions of Section 831 of the Code of - Iowa, in anticipation of which bonds will be issued under the provisions of Section 912 of the Code of Iowa and Section 912a of the Code Supple- ment. This resolution being deemed ur- gent of immediate importance shall be in full force and effect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adoption of the resolution. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, C'ouncil- men Brede, Gabriel, Melchior, Roon- ey. Nays—None. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that ,upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Alta Vista stret, West Fourteenth street to the North property line of Julien avenue by replacing water, sewer and gas con- nections to the property not already connected with the same, by curbing Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adoption of the resolution. Second- ed by Councilman Gabriel. Carried by 'the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Councilman Melchior moved that action on the resolutions relative to the improvement of Alta Vista street from Kirkwood street to West Fourteenth street be deferred. Sec- onded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Langworthy av- enue from the West property line of James street to the East prop- erty line of Alpine street except where already improved, by curbing with new cement curb, where re- quired, by resetting old stone curb where required, and by paving with either Vibrolithic, sheet asphalt or Bitulithic pavement on the present macadam foundation; in the event a bituminous pavement is selected, a cement gutter is to be construct- ed; also by placing sewer, water and gas connections to property not connected with same. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City En- gineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) b3 and the same is hereby set down for further and final hearing, consideration and determination at a meeting of the City Council to be held the 14th day of February, 1922, at 4:30 p. m., in the Ccuncil Chamber and that the City Clerk be and he is hereby in- Special Session, February 24, 1922 59 strutted to cause notice of the pend- ency of the above resolution and the time and place, when and where said resolution will be considered for passage and objections heard, to be given by publication in the offic- ial newspapers of the City, in man- ner and for the time provided by law. The above resolution was aproved and ordered placed on file for final action and the notice of pendency ordered given this 24th day of Janu- ary, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of nec- essity was adopted and passed by the City Council and approved this 24th day of February, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Rooney moved the adoption of the resolution. Second- ed by Councilman Melchior. Car- ried by the following veto: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A RESOLUTION. Be it resolved by the City Council of the City of Dubuque that pursu- ant to a resolution ofnecessity, pro- posed at a meeting of this Council on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is here- by ordered that the improvement described in said resolution of nec- essity providing for the improve- ment of Langworthy avenue, from the West property line of James street to the East property line of Alpine street where not already im- proved, by curbing with new cement curb where required, and resetting old stone curb whore required, and by paving with either Vibrolithic, sheet asphalt or Bitulithic pavement on the present foundation; in the event a bituminous pavement is se- lected a cement gutter is to be con- structed, also by placing sewer, wat- er and gas connections to property not already connected with same, be and the same is hereby ordered constructed. 58 Special Session, February 24, 1922 with new cement curb where re- quired, resetting old stone curb where required and by paving said street with either Vibrolithic, sheet asphalt, or bitulithic pavement on the present foundation, in the event a bituminous pavement is selected a cement gutter is to be constructed. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City En- gineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14th day of Feb. 1922, at 4:30, p. m., in the Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, when and where said res- olution will be considered for pass- age and objections heard, to be given by publication in the official newspapers of the City, in manner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 24th day of January, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoing resolution of nec- essity was adopted and passed uy the City Council and approved this 24th day of Feb. 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, 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 Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution. Be it resolved by the City Council et the City of Dubuque that pursuant to a resolution of necessity, pro- posed at a meeting of this Council on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the im- provement of Alta Vista street, from the North property line of West Fourteenth street to the North prop- erty line of Julien avenue, by plac- ing water, sewer and gas connec- tions to the property not already connected with the same; by curb- ing with new cement curb where re- quired, resetting old curb where re- quired, and by paving said street with either Vibrolithic, sheet as- phalt or bitulithic pavement on the present foundation; in the event a bituminous pavement is selected a cement gutter is to be constructed, be and the same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to bo constructed in strict accordance with the plans and spec- ifications thereof, prepared by the City Engineer, and approved by the City Manager and now on file in the office of the City Clerk, the work to be completed 'on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adja- cent to said improvement will be as- sessed, and payment will be made to the contractor to the amount of the assessment out of funds to be created by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as• sessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, and amendments thereto; and any deficiency betwen the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be levied under the provisions of Sec- tion 831 of the Code of Iowa, in anticipation of which bonds will be issued under the provisions of Sec- tion 912 of the Code of Iowa and Section 912a of the Code Supple- ment. This resolution being deemed ur- gent and of immediate importance shall be in force and effect after its passage by the City Council. 60 Special Session, February 24, 1922 Be it furthed resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and specifications thereof, prepared by the City Engineer, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or be- fore the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of as- sessment out of funds to be created by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special assessment under the provisions of Chapter 8 Title 5 of the Ccde of Iowa, and amendments thereto; and any defici- ency between the amount of the con- tract price and the amount o fsaid bonds will be paid from the pro- ceeds of a special tax to be levied under the ,provisions of Section 831 of the Code of Iowa, in anticipa- tion of which bonds will be issued under the provisions. of Section 912 of the Code of Iowa and Section 912a of the Code Supplement. This resolution being deemed ur- gent and of immediate necessity shall be in force and effect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, M. B. ROONEY, THEO. GABRIEL, L. H. BREDE, Councilmen. JOHN STUBER, City Clerk, Councilman Rooney moved the adoption of the resolution. Second- ed by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Councilman Brede moved that ac- tion on the resolutions relative to the improvement of Oxford street, from South Alta Vista street to the end of said street be deferred. Sec - onded by Councilman Gabriel. Car- ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Manag- Attest: er, it be deemed necessary and ad- visable to improve Caledonia place from Hill street to the South prop- erty line of West Eighth street by placing sewer, water and gas con- nections to the property not already connected with same, by curbing with new cement curb where re- quired, resetting old stone curb where required and by paving with either hillside brick or concrete foundation using an. asphaltic filler, or with Vibrolithic paving on ,the present foundation. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City En- gineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess - mont for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 14 day of Feb. 1922, at 4:30 p. m., in Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution and the time and place, vrhen and where said res- olution will be considered for pass- age and objections hoard, to be given by publication in the official newspapers of the City, in manner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 24th day of January, 1922. Approved: JAMES ALDERSON, H. G..MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Tha foregoing resolution of necess- ity was adopted and passed by the City Council and apprcved this 24th day of February, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBSE Cleriz, Councilman Brede moved the Special Session, February 24, 1922 61 adoption of the 'resolution. Second- ed by Councilman Melchior.' Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A RESOLUTION. Be it resolved by the City Council of the City of Dubuque that, pursu- ant to a resolution of necessary, proposed at ameeting of this Council on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the improve - of Caledonia place, from Hill ■street to the South property line of West Eighth street, by placing sewer, wat- er and gas connections to the prop- erty not already connected with the same; by curbing with new cement curb where required, by resetting old stone curb where required, and by paving with either hillside brick on a concrete foundation, using an asphaltic filler or by paving with Vibrolithic paving on the present foundation, be and the same is here- by ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and spec- ifications thereof, prepared by the City Engineer,, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the assessment out of funds to be cre- ated by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- sessment under the provisions of Chapter 8 Title 5 of the Code of ,Towa, and amendments thereto; and any deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be lev- ied under the provisions of Section 831 of the Code of Iowa, in antic- ipation of which bonds will be is- sued under the provisions of Sec- tion 912 of the Code of Iowa and Section 912a of the Code Supple= ment. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. This resolution being deemed of urgent and immediate necessity shall be in force and effect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede Moved the adoption of the resolution. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A RESOLUTION. 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 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the im- provement of Winona street, from the South property line of West Fifth street to the North property line of West Third street by plac- ing sewer, water and gas connec- tions to property not already con- nected; by curbing with new cement curb where required, by resetting old stone curb where required and by paving with Vibrolithic, sheet as- phalt or bitulithic pavement on the present foundation; in the event a bituminous pavement is selected a cement gutter is to be constructed, be and the same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and specifications thereof. prepared by the City Engineer, and approved by the City Manager, and now on Special Session, February' 24, 1922 63 and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improvle- ment described in said resolution of necessity providing for the improve- ment of Hill street, from the South property line of West Third street to the South property line of Woo- ten street, by resetting old stone curb where required ,curbing with new cement .curb where required and by paving with Vibrolithic, sheet asphalt or Bithulithic pavement on the present macadam foundation; in the event a bituminous pavement is selected, a cement gutter is to be constructed, also by placing sewer, water and gas connections t oprop- erty not already connected with same, be and the same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the specifica- tions thereof, prepared by the City Engineer, and approved by` the City Manager, and now on file in the office of the City Clerk, the work to, be completed on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the assessment out of funds to be cre- ated by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- sessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, and amendments thereto; and and deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be lev- ied under the provisions of Section 831 of the Code of Iowa, in antici- pation of which bonds will be issu- ed under the provisions of Section 912 of the Code of Iowa and Sec- tion 912a of the Code Supplement. This resolution being deemed ur- gent and of immediate importance shall be in force and effect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adoption of the resolution. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A Resolution. Be it resolved by the City Council of the City of Dubuque that, pur- suant to a resolution of necessity, proposed at a meeting of this Coun- cil on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the im- provement of Alpine street, from the South property line of Solon street, to the North property lino of Dodge street, by placing sewer, water and gas connections to property not al- ready connected; by curbing with mew cement curb where required, resetting old stone curb where re• , quired; by guttering with a seven foot hillside brick' block gutter on a concrete foundation, asphaltic fill- er to be used, and by paving the roadway with either sheet asphalt, or bithulithic on the present foun- dation, or with bituminous macad- am penetration method, be and the same is hereby ordered constructed. Be it further t esolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and specifications thereof, prepared by the City Engineer, and approved by the City Manager, and now on. file in the oce of the City Clerk, the work to be completed on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the as- sessment out of funds to be cre- ated by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- sessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, am amendments thereto; and and deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be lev- ied under the provisions of Section 831 of the Code of Iowa, in antici- pation of which bonds will be issued under the provisions of Section 912 of the Code of Iowa and Section 912a of the Code Supplement. 62 Special Session, February 24, 1922 filo in the office of the City Clerk, the work to be completed on or be- fore the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the assessment out of funds to be cre- ated by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- sessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, and amendments thereto; and any deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be lev- ied under the provisions of Section 831 of the Code of Iowa, in antici- pation of which bonds will be is- sued under the provisions of Sec- tion 912 of the Code of Iowa and Section 912a of the Code Supple- ment. This resolution being deemed ur- gent and of immediate importance shall be in force and effect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adontion of the resolution. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson. Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A RESOLUTION. Be it resolved by the City Council of the City of Dubuque that, pur- suant to a resolution of necessity, proposed at a meeting of this Coun- cil on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the im- provement of Hill street. from the South property line of Wooten street to the North property line of Dodge street, by placing sewer, water and gas connections to prop- erty not connected; by curbing with new cement curb where required, by resetting old stone curb where re- quired, by guttering with a seven foot hillside brick gutter on a con- crete foundation, asphaltic filler to be used, and by paving the road with sheet asphalt or bitulithic on the present foundation or with bit- uminous macadam, penetration method, be and the same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is herebyin- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with tho plans and specifications thereof, prepared by the City Engineer, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the assessment out of funds to be cre- ated by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- Chapter 8 Title 5 of the Code of Iowa, and amedments thereto; and any deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be lev- ied under the provisions of Section 831 of the Code of Iowa, in antici- pation of which bonds will be issu- ed under provisions of Section 912 of the Code of Iowa and Section 912a of the Code Supplement. This resolution being deemed ur- gent and of immediate importance shall be in force and efflect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, 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 Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A RESOLUTION. Be it resolved by the City Council of the City of Dubuque that, pur- suant to a resolution of necessity, proposed at a meeting of this Coun- cil on the 24th day of January, 1922, dpI Ili 11 I ii RI' R IV 64 Special Session, February 24, 1922 This resolution being deemed ur- gent and of immediate importance shall be in force and effect, after its passage by the City Council. Adopted February 24th, 1922. 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, Melchior, Roon- ey. Nays —None. A RESOLUTION. Be it resolved by the City Council of the City of Dubuque that, pur- suant to a resolution of necessity, proposed at a meeting of this Coun- cil on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve ment described in said resolution of necessity providing for the im- provement of Alpine street, from the South property line of West Third street to the South property line of Solon street, by curbing with new cement curb where re- quired, resetting old stone curbe wher required and by paving with either Vibrolithic, sheet asphalt or Bitulithic pavement on the present foundation, in the event a bitumin- ous pavement is selected, a cement gutter is to be constructed, also by placing sewer, water and gas con- nections to property not already con- nected with same, be and the same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and specifications thereof, prepared by the City Engineer, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amount of the assessment out of funds to be cre- ated by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special as- sessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, and amendments thereto; and and deficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax tob e lev- ied under the provisions of Section 831 of the Code of Iowa, in antici- pation of which bonds will be issu- ed under the provisions of Section 912 of the Code of Iowa and Section 912a of the Supplement. This resolution being deemed ur- gent and of immediate importance shall be in force and effect after its passage of the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, 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, Melchior, Roon- ey. Nays —None. A RESOLUTION. Be it resolved by the City Council of the City of Dubuque that, pur- suant to � a resolution of necessity, proposed at a meeting of this Coun- cil on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordfered that the improve- ment described in said resolution of necessity providing for the improve- ment of Tenth street, from the West property line of Main street to the East property line of Bluff street, except where already im- proved, by curbing with new cement curb where required and by reset- ting old stone curb where required and by resurfacing street with as- bestos bitulithic, be and the same is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and specifications thereof, prepared by the City Engineer, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the 1st day of October, 1922. A RESOLUTION Be it resolved by the City Council of the City of Dubuque that, pur- suant to a resolution of necessity, proposed at a meeting of this Coun- cil on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the improve- ment of Tenth street, from the West Special Session, February 24, 1922 property line of Main street to the East property line of Bluff street, except where already improved, by curbing with new cement curb where required, and by resetting old stone curb where required, and by resur- facing said street with asbestos bit - ulithic, be and thesame is hereby ordered constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve - ment above described, the said im- provement to be constructed in strict accordance with the plans and speci- fications thereof, prepared by the City Engineer, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the ].st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be asess- ed, and payment will be made to the contractor to the amount of the as- sessment out of funds to be created by the sale of Improvement Bonds, to be issued in anticipation of the collection of said special asessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, and amendments thereto; and any de- ficiency between the amount of the contract price and the amount of said bonds will be paid from the proceeds of a special tax to be lev- ied under the provisions of Section 831 of the Code of Iowa, in antici- pation of which bonds will be issued under the provisions of Section 912 of the Code of Iowa and Section 912a of the Code Supplement. This resolution being deemed ur- gent and of immediate importance shall be in force and affect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L: H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adoption of the resolution. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. A RESOLUTION Be it resolved by the City Council of the City of Dubuque that, pur- suant to a resolution of necessity, Proposed at a meeting of this Coun- 65 cil on the 24th day of January, 1922, and duly passed and approved on the 14th day of February, 1 it is hereby ordered that the improve- ment described in said resolution of necessity providing for the improve- ment of West Fifth street, from Hill street to the West property line of Nevada street, except where already improved, by curbing with new cement curb, resetting old stone curb where required; and by pav- ing with either brick block, Vibro- lithic, sheet asphalt, Bitulithic pave- ment on. the present macaaam foun- dation; in the event a bituminous pavement is selected, a cement gut- ter is to be constructed, also by plac- ing sewer, water and gas connec- tions to property not connected, be and the same is hereby ordered con- structed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said inr provement to be constructed in strict accordance with the plans and t e w t t e p a s a specifications thereof, prepared by the City Engineer, and approved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the 1st day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said improvement will be assess- ed, and payment will be made to the contractor to the amDunt'of the as- sessment out of funds to be created by the sade of Improvement Bonds, to be issued in anticipation of the collection of said special assessment under the provisions of Chapter 8 Title 5 of the Code of Iowa, and amendments thereto; and any defic- iency between the amount of the contract price and the amount of said bonds will be paid from the proceds of a special tax to be levied under the provisions of Section 831 of the Code of Iowa, in anticipation of which bonds will be issued under the provisions of Section 912 of the Code of Iowa and Section 912a of the Code Supplement. This resolution being deemed ur- gent and of immediate importance, shall be in force and affect, after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Special Session, February 24, 1922 67 Councilman Brede moved that the City Engineer be instructed to in- form the Council of the condition of streets still under Maintenance Bonds twice a year, and thirty days prior to the expiration of . said bonds. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. February 20, 1922. City Council, Dubuque, Iowa, Gentlemen: Sometime ago a pet- ition regarding delinquent general and special taxes due from Dr. Slat- tery, was presented to the City Coun- cil and referred to the City Solic- itor and City Manager for further negotiation. I beg to advise that a check has ben handed to the City Treasurer for the amount of $2,175,- .13, the same being the amount of the regular taxes and the amount of the special assessment as lev- ied, without interest. Penalties on the 'above taxes amount to $521.43. There are a number of reasons to be given in favor of a reduction in these special assessments. The special assessment as levied covered also the amount of property given over for the construction of North Booth street prior to the levying of the assessment for the improvement of Julien avenue. In view of this and other facts and also in view of Dr. Slattery's condition, I would rec- ommend the acceptance of the checks as handed to the City Treas- urer as payment in full for all de- linquent City taxes on this property. Respectfully submitted, O. E. Carr, City Manager. Councilman Rooney moved that the recommendation of the City Manager be approved, the check be accepted as payment in full of taxes and special assessments of Dr. Slat- tery on this property, and the Coun- ty Treasurer be notified. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. February 17, 1922. To the Honorable Mayor and the City Council of Dubuque: Gentlemen: Two years ago, the Mount Calvary( Cemetery Associa- tion started a movement to improve Davis avenue, from the entrance of the Cemetery to connect with Wind- sor avenue. With subscriptions from such, who own burial loth in this Cemetery, to- gether with liberal assistance from the Sisters of St. Francis Convent, enough money was collected to build an eighteen foot wide concrete road, from th.r Cemetery gates to the West line of the St. Francis Convent property, some 535 feet. It now is the wish of the parties, who had interested themselves in this, to improve the balance of Dav- is avenue in the same way, a dis- tance of about 650 feet. St. John's Cemetery Association and the Sisters conducting the St. Francis Home for the Aged, whose properties abut the unimproved part of Davis avenue, have subscribed .enough to cover one -half of the cost. Of the unimproved portion, one -half is in the City Limits and the other in the Country. The undersigned committees, rep- resenting all parties interest in the improvement, figure that the cost would be three thousand($3,000.00) dollars, and respectfully ask the City Council and the Board of Supervis- ors of Dubuque County to assist them to the extent of seven hund- red and fifty ($750.00) dollars, each. Mt. Calvary Cemetery is used by the following parishes: St. Mary's, Holy Ghost and Holy Trinity. • St. John's Cemetery is used by the fol- lowing: St. John's, St. Peter's, St. Mark's, St. Mathews and St. Paul's. We mention this as it will give you an idea as to the travel there is on Davis avenue and for which reason the street should be put in first class condition. The improvement already made was done under the supervision of the Mount Calvary Cemetery Asso- ciation with day labor and it is the purpose, providing it is agreeable to the City Council and the Board of Supervisors, to make the intended improvement in the same way, sub- ject to the supervision of this joint committee. The undersigned would be glad to meet with the City Council at any time or place that would be conven- ient and agreed upon. This improve- ment should be made as early as the weather will permit and for this reason, we respectfully ask for an early consideration in this matter. Mount Calvary Cemetery Associa- tion. Committee: F. J. Piekenbrock N. J. Steichen Cemetery Association. Committee: E. J. Feigner Chas Steuck Hugo Mall Geo. Bock Councilman Brede moved that the prayer of. the petition be granted, St. John's 66 Special Session, February 24, 1922 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, Melchior, Roon- ey. Nays —None. A RESOLUTION Be it resolved by the City Council of the City of Dubuque that, pur- suant to a resolution of necessity, proposed at a meeting of this Coun- cil on the 24th day of January, 1922, and duly passed and approved on the 24th day of February, 1922, it is hereby ordered that the improve- ment described in said resolution of necessity providing for the improve- ment of East Twenty -first street and Lincoln avenue, from the East property line of Central avenue to the South property line of Hamil- ton street, by curbing with new cement curb where required, reset- ting old stone curb where required and by paving with either Vibrolith- ic pavement, sheet asphalt or Bit - ulithic pavement on the present foundation; in the event a bitumin- ous pavement is selected a cement gutter is to be constructed; also by placing sewer, water and gas con - hections to property not connected with the same, be and the same is. hereby ordered. constructed. Be it further resolved that the City Clerk be and he is hereby in- structed to advertise for proposals for the construction of the improve- ment above described, the said im- provement to be constructed in strict accordance with the plans and specifications thereof, prepared by, the City, Engineer, and 'aproved by the City Manager, and now on file in the office of the City Clerk, the work to be completed on or before the first day of October, 1922. The cost and expense of said work as is by law assessable against the property abutting upon or adjacent to said - mprovement will be assess - ed, and payment will be made to the contractor to the amount of the as- sessment out of funds to be created by the sale of Improvement Bonds, to be isued in anticipation of the col- lection of said special assessment under the provisions of Chapted 8 Title 5 of the Code of Iowa, and amendments thereto; and any defic- iency between the amount of the contract price and the amount of said bonds will be paid from the proceds of a special tax to be levied under the provisions of Section 831 of the Code of Iowa, in anticipation of which bonds will be issued under the provisions of Section 912 of the Cede of Iowa and Section 912a of the Code Supplement. This resolution being deemed ur- gent and of immediate importance, shall be in force and effect after its passage by the City Council. Adopted February 24th, 1922. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. JOHN STUBER, City Clerk. Councilman Brede moved the adoption of the resolution. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. RESOLUTION Whereas, the City Manager has prepared a set of specifications cov- ering public improvement work for the City of Dubuque, and forms of "Instructions to Bidders." "Contrac- tor's Proposal," "Contract" and "Contractor's Bond," and has sub- mitted the same to the City Council for its aproval; and, Whereas, the City Council has ex- amined such set of specifications and forms and considers the same nec- esary, legal and advisable: Now, therefore, Be it resolved by the City Council of the City of Dubuque, that the set of specifications covering public improvement work for the City of Dubuque, together with the forms of "Instructions to Bidders," "Contract- or's Proposal," "Contract" and "Con- tractor's Bond," all of which have been prepared by the City Manager, be and the same are hereby ap- proved, and such specifications and forms shall be used by the City of Dubuque in all public improvement work until the same are modified or rescinded as the law or circum- stances may require. Dated this 24th day of February, 1922. Attest: JAMES ALDERSON, Mayor. JAMES ALDERSON, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adoption of the resolution. Second- ed by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Erode, Gabriel, Melchior, Roon- ey. Nays -Nero 11' h 68 Special Session, February 24, 1922 the City to aid to the amount of $750.00 providing the County will do likewise. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Dubuque, Iowa, Feb. 14th, 1922. City Council, Dubuque, Iowa. Gentlemen: The undersigned, own- er of lot 1 Quigley's Sub. Outlet 710 respectfully petitions your Honor- able Body to accept 50 per cent of the entire assessment against this property, levied on account of con - struction of a sanitary sewer in West 17th street, as payment in full for this assessment. Her reason for requesting this reduction is that she is aged and her means are lim- ited and she is unable to pay the entire amount of this assessment, Mrs. Catherine Rea. Councilman Brede moved that the petition be referred to the City Sol- icitor to investigate and refer back to the Council. Seconded by Coun- cilman Gabriel. Carried by the fol- lGwin vote: men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Petition of property owners abut- ting on Green and Cherry streets, presented. Mr. O. E. Carr, City Manager. Dear Sir: Wo the undersigned res- idents of Cherry and Green streets, petition you to have the alley in the rear of lots 201 and 205 Finley Add., put in a passable condition in bad weather. Give it a coat of cinders. It will only take a few truck loads to put it fine shape. Also have min- eral hole in rear of lot 204 filled and put in a safe condition. Signed: Geo. Howes, Harry P. Ell - wanger, et al. Councilman Brede moved that the petition be referred to the City Man- ager. Seconded by Councilman Gab- riel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Petition of Leo Schmeid, present- ed, stating that he has been an in- valid for the past year an has been unable to work, also has an aged father to support, and that he is fin- ancially unable to pay his taxes and therefore asks that the taxes on his property lots 6 and 5 on Stafford avenue be cancelled. Councilman Gabriel moved that the petition be referred to the City Solicitor for investigation. Second- ed by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel Melchior, Ron- ey. Nays —None. Petition of O. C. Papin, presented. February 23rd, 1922. To the Honorable Mayor and City Council: Gentlemen: I request you to in- struct the County Treasurer to ac- cept the City Road and Library tax for 1921 on Mineral lots 302 and 301a on Ham's Island. These lots being farm land are only subject to the tax herein stated. Respectfully yours, O. C. Papin. Councilman Brede moved that the prayer of the petitioner be granted and the County Treasurer be in- structed accordingly. Seconded by Councilman Gabriel. Carried by the following vote: Yeas- Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Petition of H. Shain, stating that he was doubly assessed on personal property, and referred to the Asses- sor, at a previous meeting. The Assessor states that the facts are as stated in the petition. Councilman Brede moved that the prayer of the petition be granted and that the County Treasurer be notified to cancel the 1920 personal tax in the sum of $4.20 against H. SLain. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Petition of Louis C. Scherling for Mrs. Lena Scherling referred to the Assessor at a previous meeting. Rel- ative to taxes on monies and credits, the Assessor reports that the facts are as stated in the petition; and that the City had no right to asses- sor tax same. Councilman moved to receive and file the petition. Seconded by Coun- cilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Ron- ey. Nays —None. AN ORDINANCE An ordinance establishing a grade on Caledonia street from the West property line of Hill South property line of street West Eighth street. Councilman Brede mover that this be considered the first reading of the ordinance. Seconded by Council- man Melchior. Carried by the fol- lcTing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. AN ORDINANCE An ordinance establishing a grade on East and West Fourth street, from the East property line of Main street to the West curb of White street. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Council- man Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. AN ORDINANCE An ordinanc3 establishing a grade on Winona street, from the South propert yline of West Fifth street to the North property line of West Third street line. Councilman Melchior moved that . this be considered the first reading of the ordinance. Seconded by Coun- cilman Brede. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. AN ORDINANCE An ordinance establishing a grade on Alpine street, from the South property line of West Third street to the North property line of Solon street. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Council- man Gabriel. Carried by the fol- lowing vote: Yeas —Mayer Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. AN ORDINANCE An ordinance establishing a grade on East Twenty -first street, from the East property line of Central avenue to the West property line of White street. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Council- man Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. AN ORDINANCE An ordinance establishing a grade on. Alpine street, from. the South property line of Reeder street to the North property line of Dodge street. - ipecial Session, February 24, 1922 69 Councilman Melchior moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Rooney. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. AN ORDINANCE An ordinance establishing a grade on Hill stret, from. the South prop- erty line of West Third street to the North property line of Dodge street. Councilman Brede moved that this be considered the first reading of the ordinanbe. Seconded by Coun- cilman Rooney. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays -None. AN ORDINANCE An ordinance 'establishing a grade of Jackson street, from the North curb line of Eleventh street to the South line of East Twenty- second street. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Rooney. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede ,Gabriel, Melchior, Roon- ey. Nays —None. GtSd U:o DDoda.O vbgkqj cmfw AN ORDINANCE An ordinaco establishing a grade on Lincoln avenue, from the C. G. Western R. R. East side of right of way to South property line of Far- ley street. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. AN ORDINANCE An ordinance establishing a grade on West Fifth street, from the West property lino of Hill street to the East curb line of Nevada street. Councilman Brede moved that this be considered the _u•st reading of •the ordinance. Seconded by Coun- cilman Melchior. Carried by the fol- lowing vote: Yeas —Mayor .Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. AN ORDINANCE An ordinance establishing a grade on East Twenty -first street, from 70 Special Session, February 24, 1922 the East proderty line of Jackson street to the West rail of the C. G. W. R. R. tracks. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. .Nays —None. AN ORDINANCE An ordinance establishing a grade on Alta Vista street, from the North property line of Julien avenue to the South curb line of West Four- teenth street. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Rooney. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. R of plumbers' excavation bond of Rellihan and Mullen, pre- sented. Councilman Brede moved that the renewal be received and fiilled. Sec- onded by Councilman Rooney. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays—None. Renewal of plumber's bond of Aug- ust L. Hamel, presented. Councilman Brede moved the re- newal be received and flied. Sec- onded by Councilman Rooney. Car- ried by the follodwing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Plumber's excavation bond of Frank G. Bracanier, presented. Councilman Brede moved that the bond bo received and filed. Sec- onded by Councilman Rooney. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Ron- ey. Nays —None. Bond of Geo. Wykoff and John McNulty for the operation and main- tenance of a display sign, presented. Councilman Brede moved that the bend be received and filed. Sec- ended by Councilman Rooney. Car- ried by the following vote: Yeas— Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Bond of Charles F. Meyers for the operation and maintenance of a dis- play sign, presented. Councilman Brede moved bond be received and filed. ed by Councilman Rooney. by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Petition of the Dubuque Auto Sup- ply Company, asking permission to install a free air and water station at the curb, about 40 foot South of the Southeast corner of 9th and Locust streets, presented. Signed by Wm. B. Martin. that the Second - Carried Councilman Rooney moved that the prayer of the petition be grant- ed, provided they install the station adjoining their filling station, on 9th street, East of Locust street: Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor ,Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Petition of Clarence Sandry, pre- sented at a previous meeting, ask- ing• permission to install a filling station :.t his place of business. Councilman Brede moved that the prayer of the petition be granted, he to sign the proper stipulations. Seconded by Councilman Melchior. Carried by the following vote: • Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None: Councilman Brede moved that the City Manager be authorized to se- cure bids for the filling of that prop- erty lying North of Railroad avenue, and West of Salina street. Second- ed by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- Nays —None. Communication of the National Refining Company, referred to the City Manager at a previous meeting, relative to the driveway at their filling station at Julien avenue and Nevada streets. Councilman Brede moved that they be authorized to cut the curb on the Julien avenue side of the curbing. Seconded by Councilman Melchior. Carried by the following vote: Yeas- -Mayor Alderson, Council- men Brede, Gabriel, Melchior, Roon- ey. Nays —None. Councilman Brede moved to ad- journ, carried. Attest: JOHN STUBER, City Clerk. Adopted 1922. Approved 1922. Councilmen: Attest: Special Session, February 24, 1922 City Clerk. 71