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HomeMy WebLinkAbout11-01-1920�( -Minutes of a regular meeting . of- the � Common Council of the City of Rochester, Minnesota, held in -the- Council Chambers, in the .City �( Hall, in said City, -,on November lst, 1920, at 2-o'clock, P.M. (� Motion by Miner second by,Rommel carried that, Niue to the �+ absence of President Smith, Alderman Schroeder -.act as President Pro tem i�of this meeting. , i _ t �1 Meeting called to order by President Pro tem Schroeder . Roll Call: Present: Case, Schroeder, Rommel,,, Miner, Olson, (� Witzke. Absent: Smith6 Motion by Case second by Witzke.carried that the minutes of �{ the meetings held on October 18 1920 and October 25 1920 be each approvedi► President Pro tern Schroeder stated that this was the,time and () place -set for a hearing on the, proposed construction of sanitary sewers .' , , t �( as follows: In Fifth Avenue Northwest frora the center of Fifth Street to the' center of Sixth Street Northwest; - In' Eleventh Street• Porthwest from the center of Broadway Street North to the censer of Second Avenue Northwest; In Third Street Northeast from the center of Eleventh Avenue j Northeast to a point 580 feet east of the east.line of Eleventh Avenue Northeast; I In Tenth •venue Northeast from the center of Second Street Northeast to the center of Fifth Street Northeast; In Eighth Street Northeast from the center of First Avenue Northeast ,'Uo the center of Second Avenue Northeast; and asked if there was any one present who wished to be heard in regard to either or any of the above mentioned proposed sanitary sewers. There was no one present vrho wished'to be heard in regard to , said sanitary sewersi President•Fro tem Schroeder stated `tho.t this was the time -and i Place set for a hearing on the donstruction of a sanitary sewer' in Tenth Avenue Southeast from the center of Fourth Street Southeast to the center of Sixth Street Southeasts'and asked if there was any one present who 'vishedt to be heard in regard t6'the' said sanitary sewer. f There was no one present who wished toFbe heardw v^ This being the ^time and place set fort the opening of bids ' for the construction of a sanitary sewer in Tenth Avenue Southeast from the center of Fourth Street Southeast to the center of Sixth Street Southeast, the bid of Wm Ce Fraser ;as follows was read: .118 vitrified pipe sewer at (,�p'1ij50 perk' foot; Y'i4."'r.t'„x^•''°,,, ``"�K'Y : a,!.�::_.;. n wj 4 ';,..�..`,'; ,'r`, }r':�.�, ,:•-tr ,. q -� � iK1: � }1 , , ?'1,,Y��;'-Xi �S'd r�'a :.• •!•s s= i. n� _+4 y.i iC ice-dry'--e t .-.. .•Ji.r'e .. _ e - , ... -, 347 1F .� 6 on 8" "Y" connections each $l15O; manhole$,,$W5.00 each; 14 water,pipe 50 cts. 1 per foot; 86v00 per cubic yard extra for loose rock excavated; $6400.per cubic .yard F k,a ? extra for sand`rock excavated; $1100•per cubic yard extra for solid rock excavated. Otto We Riess requested permission to install a gasoline filling statioA in the boulevard on the south side of Center Street East at the intersection of the alley r' r��s :."• in Block thirty four (34) in the Original Plat with said street, and motion by Miner '4 second by Witzke carried -that the said permission be granted and that the said filling , 'station be installed under the supervision of the City Engineer* ,y An ordinance granting license to the Rochester Bus Line to=opetate two jitney t, convekances upon certain streets and avenues in the City of Rochester, Minnesota, was n n r s given giitthird and fial g readin. �;�•:` 1 A motion by Alderman Witzke that the said ordinance be adopted as read re- :. �ceived no second, and motion by Case second by Rommel carried that the said ordinance -- . 'I be not adopted by the following vote: Ayes: Case, Rommel, Miner, Olson. Nays: Witzxe6 :j The report of the Public Utility Board, Electric Departmento for the month y.f} of September, 1920, showing receipts in the amount of 416,77 2.49 and disbursements in the amount of $22,200.25 and the report of the Public Utility Board, Water Department, for the month of September, 1920, showing receipts in the emount of $251;40%, and A disbursements in the amount of 09201470 were each separately read, and motion by -11 r ;( Olson second by Case harried that the said reports be placed on filet L The following report of the City Justice for the month of October, 1920, I e ! n was read, and -"motion by Miner second by Olson carried that the same be -referred to the City Attorney: t I "State of Minnesota, ) II County of Olmsted, ) sse City of Rochester. ) To the Common Council of the City of Rochester, in said County and State: I hereby certify and return that the within report is a true report of all cases instituted and terminated before me, as City ,Justice during the month of Oc t- iobey, 1920: - t r, That the total amount of fines collected by me during said period vaas r �! 059.05. �f That the total amount of fees due me in said cases was4h51"55• ,t. Given under my hand this lst day, of November, 1920f - ,, J.W* Anderson, j{ City Justice. Date r Fines. Fees Octi le City vs Mrs Ed Root, Chge Violating Garbage Ordinance. ` Case dismissed ?_e 35 �i Octi 6. State vs John Rowley, Jr: �! Chg: Speeding, Guilty6 } s = ice:' Fine 1000 or 10 days Paid ' 10:00 -7405 1 ZM-, G 31S ;yy}am +ty lOctd 9. State iis' Howard McGoon }� Chi;. Speeding, Guilty.} ' =Pine lOiOO,or 10 days Paid 10.QO ?.05 r: iOct. 9. City vs Jim Curtin, IChg: Intoxication. - !Pleaded not guilty Released on 104-00 bail ' :• !Bail forfeited Paid 10.00 3.05 ". (Oct, 11,E City vs Martin Mulvehill, 'Chg. Intoxicated. Guilty- -'Fine 10.00 or 10 days Paid 10.00 3.05 ,. Y` gi K + Oct. 151 City - vs Leon W1.1der., e; RChg. Parking at Curb, Guilty ±!Fine 5.00 or 5 days, Paid 5100 3.05 Oct, 16, City vs Helge Nelson, Lynn Cutshall, Lyle Cutshall, ' „Everett Cutshall, Fred Berg, - lAudery Berg, Chg, Destroying su Personal property: J ' Settled damages, reprimanded ' and ordered discharged - _ 2.90 ;A JOct. 18, City vs Hans Carstens, t t' !Chg. Violating,Health Ordinance, r +, jPleaded not guilty: , 4 �Dismissel by City Attorney I 7 , 4.45 _ IliOet; 19, State vs. Jim Whitcomb; T ` Chg. Leaving car unattended with !motor runnings Guilty. +Fine 1*00 and costs 3405 Paid 4.05 3c05 s, I ' Oct.',20. State vs Lloyd Hoffman, �hgi Speedingi Guilty. -,Fine 10w00 or 10 days 'aid y 10*00 s r �i , ,3ii,05 t �jOct-a 214 City vs Jim Ryan, ., • - IIChg. Intoxication. Guilty. T Sentenced to 40 days Coi Jail !Sent•. Susp, to get out ( 2.80-, ry r t q, Oct. 22, City vs Ben Di.mock, 4,- =rF Chg, Violating Hawing Ord `4+Guilty. Fine 10,00 or 10 days Z suspended ^ - 2.80 iSenteiicd w '., Oct. 27, City vs Maud Baddgor, Chgi Dis: Conde Pleaded not guilty. • S zf Dismissed by City Attorney 2-,65 4 3 'Octs 27. City vs Clara Christenson" 5. !Chg. Dist Conduct: Pleaded not guilty: Dismissed by City Attorney 2:55"y! Oct 27, State vs. Wesley Baddgor� i r ti IChg, Assault, Pleaded•not guilty, 2. { Dismissed by City Attorney 3:05 Oct: 27F State vs -Clara Christensen, Chg: Assaultv Pleaded not guilty,; ' ismissed by City Attorney 1r,80^ cti 27, State vs Henry Morris ` 6 , ,Search Warrant. 6" Returned nothing found 1s65 t; Octb 27M State vs Mrsd Berg, ISe,axch Warrant, 0 z' s. Returned nothing found 1i65 ,� llZi �`•`� ' ' " '_'�r a•2'_�iY+. .aph .. it hP'>'jaJ"4�"S^'�'i3-`�••�'• .. r•�.rt. e<i;J: • .'_w"- f _ 4 ..l tom'.:-.r.`'n- pr ' - 349 Oct: - 27. State vs John,'Doe, p Search Warrant9 1w65 Returned nothing found", .7 F The following°report of the Building Inspector for the month of October, r 1920, was read, and motion by , Olson second by'Case carried that the same be referred t to the Finance Committee: �. r "Monthly Report of Building Inspector,tEnding October,30,1y20. No. Name. Used. As. Estimate Cost. Fees. , Y 566 _ 1st State Bank Repairs �� 3100. 00 2.00 . =-r S0% Hawkeye Oil Co. r r AdLdition Dwelling 300.00 5000:00 2.00 6.00 � ur :. 568 569 A: Kingsley :. Dr. ICI. S. Lemon • Dwelling 15000:0o 16.00 570 Dr'. R. Fitz Dwelling 4000. o0 S.OU _- 571 Rochester Milling Co. Repairs 000iOO 4000.00 8.00 6.00 572 Ottb Riess Mercan tile Bldg. 3 - ,d> 573. Otto Riess Dwelling -2000.00 3.00 ;'- -574 Otto Riess Dwelling G 2000.00 3.00 575 Otto Riess Dwelling 1500.00 3.00 576 Geo. Morrison n Dwelling 4000.00 5.00 577 F. 1$. Mosse Dwelling 8000.00 9.00 z� z'. 578 Martin Paulson Dwelling, 4500,00 6600 579 N. J. Ilayhood Dwelling 300.00 1.00 " r, s s'r _• 580 Reuben Dahl Duelling 2000oOO 1400.OU 3.00 3.00 581 582 D. L. Boh anger F. C. Mitchell Repairs Dwelling 3500000 5.00 r' 583 Louis E. WilsonDwelling 3100.00 5.00 584 Paul Mattson d Dwelling 2400.00 4.00 585 Sam Sternberg Addition 350.00 2.00 _ 585 William Nietz Repairs 1500Q00 3.00 587 A. E. Lamprecht Addition 15000.00 30.00 ' 588 Fiske Emery Repairs _ 00.00 2.00 30 Gane Whitcomb Movers Permit 1.00 00 133. { John Kelly, ` - Building Inspector. :' The f ollowing report of the City Engineer for the month of October, 1920, was read, and motion b� Rommel second by Olson carried that the said report be referred to the Street and Alley Committee: ;= "Oct. 30, 1920. 118norable Mayor and Common Council, r . ( City of Rochester, Minn: z Gentlemen:- ' I herewith - submit report for the month of October, 1920: �) STREET AIM ALLEY FUND Funds Available Ocftober 4, 19209 Appropriated, November 1, Paid out for labor, October 9th, 1920, 16th, " 23rd n � n 30th, ' ! Balance on hand No�rember 1st, 19200 I i 1 pp R 01231 o 54• 1000,00 ,r 2231.54 0268.45 = 250.35 374.10 474.70 138719 r 843e94 320 FUND 4 , Funds available, October 4s 19209 $776.47 1' Paid out for labor,,Qctober, 9., 19201_ "4274-75 C 11 it I if 16P 206.65 P3v 116i40. 1 309 90i25 688.05 Balance on_handNovember lat.,1920, $ 88.42 SEWER FUND II Funlls available, October 4, 19209 I'P'862. 49 Appropriated November 1, 1000i0u, 6�1662.49 Ppid out fo4r labor,, October 9, 19209 0356-65 IT 161 296;165 239 -1 198.60 30P 85i30 -937-.40 Balance on#hand November 1st, 19200 0 92�09 1P BRIDGE FMTD Funds avaiTable October 4. 1920t ,)58. c94 jPaid out for labor, October 9. 1920, $47150 it 11 11 1611 , " 13o400 177150 Balance on ,hand November 1st, 1920, 731t44 11,To expenditures from Special Road and Permanent Improvement Revolving Funds thismonthi r L Respectfully submitted, • C*- H. Armstrong, „ City Engineers i The following copy of a certificate by',the County Auditor was read, ,and motion •by Rommel second by 'Case carried that the same be placed on file: . copy ! r AUDITOR'S OFFICE r Olmsted'County, Minnesota, Octi 26th,. 1920. I hereby certify that I have received of N. its. Nelson assessor of the, City of Rochester in said Coilnty, the assessment book for said Town for the year 1920; that said assessor has complied with the provis- ions of Section 20?9 of the General Statutes of 1 10,13, and is therefore entitled to compensation, as provided in Section 2030 and 2031, General Statutes of 1913* (seal) Amiel L-: Glabe, County Auditor;" The following summons and complaint were read, 'and motion by Rommel second by Miner carried that the -matter be referred to the Mayor, the city Attorney and the Chairman of the .Streets and Alley Committee: "State of Minnesotat District -Court, County of Olmsted. ss* 'Third Judicial District, jThe Tovnship of Oronoco,, Plaintiff, VsQ S U 11 lv', 0 N S City of Rochester- Defendant "M THE STATF. OV MiNNESOTA ,To, .the above named Defendant: °x You ,are hereby summoned, and required to,answer, the complaint of the Plaintiff - ;;1<4 in -the above entitled 'action, of which, a copy is hereto annrexed and herewith served =_ upon you,, and to serve a •copy of your ansrrer to the said complaint on the subscriber, ! j by cppy, at his office, in the .City of',Rochester, in said County, vtidthin twenty days 41w) :"=�=• after the service of this summons upon ycu, exclusive of the day of such service; and if you fail to answer the said complaint withih the time aforesaid, the Plaintiff in this action will apply,to the -.Court for the relief demanded in the complaints Dated October 27th, 1920.. • 4. f� - II Attorney for Plaintiff, 117 Rochester, 11inne State of Minnesota) District Court, FYI+ sse .- County of Olmsted: Third Judicial District* The Township.of Oronoco, Plaintiff, vs. C 0 M P L A I N T a: City of Rochester, Defendant: The'plaintiff for a cause of action against the defendant herein alleges: t. "! I - .s That the plaintiff is a township organization in the County of Olmsted and State of Minnesota, organized and existing under the laws of said State, and has been so organized and existing ever since the State of Minnesota was organized and s.; ever since 1858, and during all of said time has been acting as such, That the defendant is a municipal ,corporation in said County, being a city of the fourth clas's and has been for a long period of timee That in 1918, the said defendant for'the purpose of creating a poweFr plant for the manufacturing of electricity for its use in lighting its sheets and other purposes, decided to create a water power by damming what is known as the Zumbro River at or near the no�th line of section twenty-four (24), township one hundred nine (109) `north, range fourteen ' (14) west, by placing across the -bed'of said river a dam about sixty (60) feet high, and the said defendant did in due course proceed to and did erect a heavy permanent dam i with'no outlets for the,water-- except as it would go through the turbans for producing power, raising a concrete dam of about sixty feet in height from the bed'of said stream, •r' �I completely blocking= the'natural flow of the water in said river* That the north line 1h xs. of said nlaintiff township was oYie mile south of the location of said dam. and said = government township of ©ronoco is township one hundred eight (108) north, range four- ', twen (14) west, and in Olmsted County, Minnesota, and the said dam so contrueted is in Wabasha County, Minnesota@ That on aeeount of the lay of land, the location of said river and the contour of the valley in which the said river is located and its tribut- aries, the water is permanently backed up in the bed of said river to the south line 1 of said township about six miles north and south and spreads out in the said tributar- ies at points from oneiaalf mile -'to one and one-half miles east and westa' That the •.F.1• :t-f::.s ..Y-. �;.; n:,: ':-5;�5.fyt;'�:3%�n^�'Yt'rd`,n. - ..+-d,_ �' ,122 PI Ir , T -T S� a� �Lt fi - IY f�. 4 )•Y V { 0 I� said Zumbro River runs -the full length north and south of said township and its tributaries run east and west from the said chanhel of the river: That the said dam will and does permanently raise the water from fifty to sixty feet at the said dam and from forty to fifty' feet over different portions of said township and on the roads hereinafter set out, and that the $aid water would and does encroach upop and flood many of the roads, bridges and public property of the said plaintiff, all of which was and is well known to th,e said defendant and. to its servants and agents ` duri-dig all of said time. That the said defendant proceeded'to set power "'oyes and string power wires for said dam along across and through the roads.and public high- ways of sgid-township for the purpose of carrying said power to the City of Rochester, which City is located six miles south of the said township of Oro4ocot and would and did cut timber and brush, along the paid highways and located their poles; and left the brush and rubbish along the said high -ways so that the same blocked and interfered with the -traffic of said highways, and improving said highways, without permission and without respeot' to the rights and interest of said tomshipof ,Oronoco to its great-damage6 That at or near the north line of section eleven (11), in said townshin of Oronoco'where the same crosses the said Zumbro River, there was r� located a highway bridge on the town road, corssing said river about one , hundred fifty (150) feet long with a steel approach© That the.said defend- ant tore down said bridge and appropriated the same, and the material cone- {ected therewith, which was upon the public town road and highway hereinafter t �I ore fully set outs , That said road was one_ of, the mainly travelled roads Iin_ said township of Oronoco, beginning-in_,the center of thq. east eTid of falnut Street in. the village of ,Oranoeo,' in said Township, as platted-, and aid out, thence running east and north-easterly,to the north-east corner Hof the said township )of.Oronocoo--That the same -is, a township public High- j ay and hais been for more than fifty years last past,. on which large sums 1 y, 1 �pf money have been, paid out a4idr 4xpended in ;,improvements;-repairss and ►► ridgesa - That the some crosses the- said Zumbro� :River at, or near the section i ine Qn the north side of section eleven'(11) ,In said townshipii That the ame is a public township highway ,and road. four rods wide; That where the - aid road - crosses the Zumbro River and at and prior to the, summer of lglg, he said to7s�iip. had a one hundred fifty foot �)rid,Ze, with a rsteel. approach f ' An_ good condition, and that the said. defendant unlawfully and wrongfully ore down said bridge and said approach, and appropriated the same to its pv�n use and placed in; its. stead a.three hundred- foot old bridge that had - .."en in use -for many years. That they shifted Phe said bridge from the .enter of said highway to one.side,.,raised the same..to a great height to be � bove the water that would be backed .up,,by rsaid 'dam, ,which they were eon- . 174 r A `aL 3,`:.YY: A: ..ti 3 ,�?#=�•:•.': •'r'; ;rn= _. Y.—?s:t-Y�2`pt^: c,;;^' r;�"-":,^."a�_a ',';: {it'^X`-`•�?'•:>;� •o �"- �; or .� i r-k. ,:Y ; ;.� _ - u7' � �. , yam... :• ;, i" ;'�'r,}.iV,•'.t'1..{tom+ "3•�"� •- t ` .. k`.b i ;'TM. sc :'.a�.�,•' ',:%ctix- � ,+ �.'-; •Syr .^.s' }�' _ .t,�.�i x'h �J:. � �:''.�....,.�,,:k•-: � :,. .+;.. -.t; �. .�- , R- -. A � - ... 323� 'structing, and built any approach to the west and east side: That the 'said approaches e're poorly constructed and said'Bridge is old and is'not a substantial bridge. That he abuttments are not properly protected and the grades which they built approaching f'M said bridge are only temporary and are not of sufficient width,' and will be a constant ouree of expense to keep up" and' are wholly inadequate to protect the travels `I g'x' That the graded,'approach to' the west end of the bride is constructed through - � • g h g z� the basin of water created by 'said dam and is from twenty to forty feet high, and is looded with from twenty to thirty feet='of water on the sides* That the old road is »4=jam ti-1 buried with water for a di'ste.nce'of about six hundred feet and the water at some points �s'nearl fort feet deep: Tnat` the keepifi up of said dike and the said bride will y y g g be a steady expense for all future time, greatly in excess of keeping up the old road ., '.i land bridge* That the said bridge will -have to be repaired, bverhauled and rebuilt in r, + eight to twelve yearse `That said bridge is of temporary character 'nd will have to be qie (replaced in fifteen or -twenty years with a new bridged That on account of the action lof the water and wind, a proteoted embankment of sufficient width for travel will have n': to be built approaching said bridges That the east end of said bridge has an open abutt- :,µ 11 _ f went -that Will have to be closed, all of which will be great expense and damage to said F° township of Oronoco. `That -the said:'defendant closed the said road for a larger part of the year while building said new bridges That the 6aid plaintiff has had to go to t}'F great expense in filling washes on said grade at the request of said defendant, and has ispent large sums already during the summer of 1920, F=` Plaintiff further alleges, that there is no means of crossing said pond J_°'icreated by said defendants for several miles to the south and no way north before reach- s Illing said dam: That there• was a ford -crossing on said ,road just described next to the 1 4 • said bridge as originally, located, and a road leading to i.: That by reason of the rats- . _ ling of the said water the said ford is impassable: Plaintiff further alleges, that they have two roads and public township high - (ways crossing said river south of the road just described: That by reason of the rais- %:' ling of said water, said roads are damaged, flooded, and the placing or replacing of ilbridges thereon, will be much more expensive and the said plaintiff will be put togreat i expense and damage by reason of the same being flooded and the water in the river backed on and upon said highways' and making this fording of the same or the building of bridges !either impossible or at a 'great expense to said township, and that it will be impossible I'to cross said river as now flooded within said township of Oronoeo vith teams or on goad ways, except over expensive bridges which it will be forced to maintain to keep or k !open the traffic* Il Plaintiff further` alleges that there is a public highway two rods wide, which lhas been worked, gradedi and used, and bridges placed thereon by the said township of {, i !Ioronoco and which has been in use for more than forty years, commencing on said road leading from said village of Orono'co to said north-east corner of said township herein- 'iI �'�"'�ih..•"•i�'r.:i .�'�t� �°I.�d-Y�N•���+k'-A w. Yf a . spa • r x } II before -set out, at or, near the east line ,of section two and entering said section two about five chains north on the section line from the_ said ,road, .on which the said three hundred foot) bridge hereinbefore stated is located, running thence in a northwesterly direction along ,the river bottom for, about I �I one mile and -crossing the north andr south, quarter•' line of said section two, .. ,11 three chains and fifty links south of the: north-west , corner of the `south- 11west quarter of the south-east quarter thereof, running thence northwesterly 11to.the residence of one Charles Kurth.. That by the construction of said I! dam practically the. whole length of said road is flooded with water some places to the depth of twenty feet, . and more, and the bridges thereon flood- ed to the great damage of the plaintiff.. That to;,,reconstruct a road to serve the public, it would be necessaryitq relay and reestablish a highway t 9 an�_putting in expensive bridges vdth heavy rock cuts, trussels and,bridge work of great expenses Plaintiff further alleges that one of its township highvrays ex- tends from the said highway hereinbefore described, running from said Ivillage of Oronoco to'the north-east corner of said township. Yaid highway i'commenees at the east,quarter;post of.section nine.(9), thence extends .northerly for one mile, thence northwesterly and westerly, intersecting with a public highway at or .near the quarter- post ,on -the ,north , side of section four (4) in said townships That .in ,the north half of the north-, ea$t quarter of said section four(4) ,were two b ides .constructed by, said i t ovnship upon said highway,,.over what was known as Trout Brooks • i That said Trout Brook empties into the•said Zumbro River above (said dam and just north of the north line of said township.. That the water is backed up in the said brook to great depth and great width and where the said road first crosses said brook going north said highway is flooded for ,over eighty rods at depths varying up to fifteen feet of water; That one of said bridges was flooded and the other -*as washed out by reason of the ,acts of said defendant hereinafter more specifically set out. That the said defendant proceeded to place an old bridge over the said Trout Brook and at.a great height to be above the flowage of their back water one hundred fifty feet long, which bridge material was from old bridge which had been in existence and use over thirty years, when tore down and placed at this point? That the said bridge was improperly and carelessly ,placed with improper ^and poorly constructed abuttments, and the grades lead- ing ,-�• _ � ing to it were _wholly inadequate for travel or fuse. being too narrew and of �material'which has already largely washed away: That the said City of Rochester without any right or authority shifted the said highway outside of the road limits as originally laid and used and on private land and" #opened a track for about eighty rods in•place of .the highway which was • , i - �w,y *K,. �?; `fit; Yi. A."L�.T-' �•-, ,�..-y�,"". {��lM•-�n.�•j' x �" •�a .i .a•V �F'�r���;.i �.._. i-;{�,.:.: • �1. _ h. � x{ �S1�t :�:y, .n R*x3;•�-� S__1^: t%.1 ,c`�.4 �"iz„`l 4.�'_ ;.,A• .,k ,� - - s Ri.• :��^:itir=s:-;{-.,:!:. ye:9z,'3::�,,rc LIT Irloode&- That both on the north ,and south end of , the said bridge so constructed by the defendant there had to be, high grades and fills, including rook cuts, and the approach r� jto said bridge are improper;. narrow and great expense will be required to ,put and keep said -grades and fills in condition -for the public trav'ele That the said township dur- • ing the summer of 1920 at. the ;request of said defendant have already gone to great rf expense and trouble in trying to keep said grades fit for travel at the request of the defendants That the grade•, to.1the north approach to said bridge so constructed by the ,b •' said_ idefendants, is for about three hundred feet through the pond and the fiction of the wind and waves upon said 'dike has largely removed the same and made it impassable and ?x, it will be only by a great expense than a road can be maintained upon said attempted location by the said defendants That the..,bridge where, the said road formerly crossed the said Trout Brook nearest t49 said:new,bridge so constructed by the said defendants, ?: r Iwas only about sixteen feet long and urea low and easily' maintained, as the flood water .Yrl. 1471 was carried past it ,on the, sides and the soil was such that a good road was maintained at little or no expense up,said valley and over, said bridgew That the pew road located by the defendants if kept' up by the -plaintiffs would be a great cost and a continual source of expense and the 'said one hundred fifty foot bridge' is old and will have to be replaced in a few years, and wiethai eight or ten years will have to be replanked and rebuilt at a great expense tt the plaintiff if 'eept and maintained by the plaintiff. Plaintiff further alleges that the bridge hereinbefore mentioned which was vashed out, was formerly ,approached 'from the east from low land and the flood water was carried off on the east and west side of said bridge and by reason of said over- flow the said bridge vias •,not interfered with by the flood water. i That the said de- fendant in attempting to replace said road, filled on the' east end of said bridge a space of about selventy feet in width and to from three to five feet in depth for the road width, bringing it up on' a level with said bridges That the said bridge v.c,s an iron bridge with concrete floor twenty-four feet long and of a good width, and was built with heavy concrete•abuttmentse That during the, summer of 1920, both abuttments to said bridge were washed out and the said bridge was tipped into the stream and the steel -girders twisted axed' ruined, and the said bridge destroyed Sand a space washed out the full depth of said channel forty --two feet long and both of tine piers were tipped into said brook, all through the filling up of the spaee,where the overflow flood water was formerly and necessarily carried offs That said road is nor closed' aria' has beer_ practically closed for travel since the winter ,of 1920 to the great damage of plaintiff. That it will eo,st from six to ten ,thousand dollars to replace said last mentioned bridge ; That to keep up and maintain said one hundred fifty foot bridge or replace it, Brill cost the said tovmship a-great'sum of .money and a continual and running expense, while heretofore :the, -:said road could "be maintained with very' little expense to the said town- ship. a That the flooding of said roads and the Anterfering with the said highways, `<�s :, ' �"��� �..`'� --. _._— ,""'�i•.w�-`z�`-..,:=�:c;-�s`-F;>=r.!ii,.i�;•.i�'"-:'+k�''.t`�r::�K�i`�'-"e��?:=:at'34'.i'.�.'�.'�„'�,�'T'. �'=r:�.,a�.. ,iyr3.. •Y, .t,�.'.r.. `���'.. .•.A::eG: 326. bridges, and public traffic, were all wrongful, "Lin!awful and improper, and- witrYiout ,euthority on the `parts of said defendants a1l to the great and permanent damage of this plaintiffi That the saitd defendant has built L 1� said dam at great expense and at a cost of'nearly one million dollars` (I That it has prepared and created'a lighting system in the said City with ' the purpose of -permanently using said dam and' the power created- therebyi That the said pl'aintiff has repeatedly protested the closing of roads and the flooding of said highways and -the destruction of their �said + r bridges and property all to no avail. I 6' That the said plaintiff will be forced to keep up and maintain �. roads and bridges and 6-pen roads and bridges to take care of the traffic . upon said highways, and be)forced to readjust, relay and -rebuild highways f^I caused by the said -illegal and wrongful acts on _the part of. the'- defendants That the said plaintiff has been -damaged by all of the said- ants, :I facts, and conditions lset out, to their prermanent loss in the, sum- of more than Fifty Thousand Dollars ($50,000*:00). ;- i I WHERE'ORE, Plaintiff prays , judgment against the defendant for the sun of .Fifty Thpi;pand- Dollars . ($50,000.00),•. together. with their -costs and i disbursements. in this actions Fraser...&. Fraser - Attorneys for Plaintiff, . r Rpphes,�e;, Minno ti State of Minnesota., r - Ij County of Olmsted@ ss• rCharles IDhrke, beiing first.•duly - sworn,. does depose ,and say that he is chat manof the Town Board of the Towyrship,.af Oronoco-, the plaintiff in said action; that' he has- read the.foregoing complaint -and knows "the contents thereof and, that .the. same_ is true ,of ,ins, own -knowledge except . those matters therein stated on it foma,tfan• and. bel jef , ar}d ras to thosye f matters he -believes _them. to, ba true Andrew Raker. Xharles Ihrke, C • Subscribed and sworn. to before me this ?,7th,,-day of. October, 1920o Thomas Fraser Notary Public, Olmsted•Co,, Minn: My Commission expires July 22, 1927- I(SEAL) " y t The following communication was read;and-motion by Olson second by Case carrip� that the same'be"placed on'file: "October 30, 1920i 3 Honorable Common Council, City of Ro-chester, :-Minnesotma.:r- Gentlemen:- .. , I S•>l� ;.,ni=ta,"-vj�,,;r:y ._ i. i. _'�, -+ _''�T.A :i ;v: ;�-.�'.'?`"' ;ir..` .•FA}?''• ��k:`}r i�.c�+fTs'�.Yx S• •rr .n YY, 1•4, n. a .. -_ ... -- , x, f 14� Zu,�; -R . �'``' `�' t'41; ' :1 - . • nt:r= uk� �zt i q: , . , - s . ;'r�; ; :t-t• sF',Fi., z :-..i y.�q;Ks+-�c,:,•R 'r:,.; ' '' F .r{ ' -. IJ ,• �{ 41 r�• I have this date, -.-appointed Elwin Holtorf and John. L* Miller Special Patrol- men -for the City of -Rochester,, -to hold office until October 31st, unless, sooner re- movede • . Respectfully submitted, C: Dii Brown; Mayor:" . The following report of the Electrical Inspector for the month of October, �. 1920, was read, and motion by Case second:by Rommel carried that said report be referred to the Finance-Coimnittee •- "Month of Oct 1920 Report of Electrical Inspector No. Estimate Cost Fees f r: �w s- 973 Foster Electric Coi 500.00 3.75 - 974 C. J. Wilber Electric Coo 15:00 ` z �• 975 Rochester "' " , •, 18000 4 976 Co J. Wilber "' " 2500 z75 y 977 n n n n 50,100 675 -�- 978 Rochester " " 15:00 979 n . n K." 20,00' tRFA' r980. " n n 22:00 981 a'Fo`ster 1+5:00 X'« g 982 ) 16:5Q f; = 983 d n " n 35.00 :75 w 984 L: A. Kepp Under r, 985 " n n Under 986 Rochester 35.0o *75 987 Foster " 24 70 988 3.; 989 r. 1000 �. .. i 990 n n n 5900 ,.' 991 n n ;r n @75 :�. 992 Rochester " " 50xO0 075 a's I 993 Foster n 35:00 a75 i ! 994 n n 175 k 995 Rochester n n 25:00 175 996 15s00 rv997 C. J. Nilber " " 26.00 .75 998 164 50' :.. •• •• �� 1 999 n n n 16,00 1000 Rochester "' " 24.d00 k tVi 1001 L. �A; Kepp " " Under 1002 n n n n �• ' 10031004 n n n tr •rs II 1005 10064, " 1007 Foster " " 30&00 o75 Y - 1008 C. J. Wilber n n 25:00 .75 1009 t+ n n 60600 .75 s � "y c 11010 " `' " ' 50:'00 o'75 =yf.:- 1011 n n n 21.00 `' { 1012 Foster " " r -975 s 1013 C. J• jWilber " " 31:00 i &75 1014 " "' " 1600 1015 " " " t 25,00 r i75 1 1016 Foster " " 10a90 i.e y E 1017 n n n 12:► 0 0 016i 50 yFrank Love', x Inspector. " - i . V.:. r John W. Langton and other••,inter6a,ted property owners were before the Co:mon tCouncil in opposition to the spocific'e,tions covering the con- struction of a sanitary sewer in Eighth Street Northwest. i Alderman Case introduced the following resolution which was read: WHEREAS, the majority of 'the property owners abutting upon the street hereinafter mentioned do -desire that the making of local improvements consisting of a sanitary sewer and laying of water mains, be abandoned, and VPHEREAS,, the eontr4,gtor, VPm rC. Fraser, has consented to the aban- donment of the contract,hereinbefore executed for the making of said local improvements, NOVA, , be it resolved by the Common Council of the City �of Rochester that the construction of a sanitary sewer and water mains in ,Eighth Street Northwest from Broadway Street North to a point one hundred !feet east of Second Avenue Northwest be arbandoned.a and than •by and with the consent of the contractor_ the contract be and the same is hereby declared void and of na effect. Motion by Case second by Olson that:•said resolution beladopted as read: Roll Call: Ayes: Case, Rommel, Miner, Olson, Witzkei Nays: None: Pres- ident Pro tem'Schroeder' declared said resolution passed and adopted. Alderman Case introduced the following resolution,whic4 weis read: (Be it resolved by the Common Council of the City of R.ochester: Th&-t the said Common Council does hereby deermine to adhere to the resoluttonladopted by it on the 18th day of October, 1920, ofdering the .,construction of a sewer in the following named avenge in the City. of RocY}- ( )ester, Olmsted County, Minnesota, r of Fourth f That part of Tenth Avenue Southeast from the center a� � M (Street Southeast to the center of Sixth Street Southeast; I i• And the said Common Council does hereby determine to adhere to the* resolution dddpted by it, determining the mods of special assessment for the cost and expense of theLconstruetion of said Sewer in saidc:avenu6. I. Motion by Olson -second by Rommel that -said resolution be('adopted as read: Roll Call: Ayes: Case, Rommel, Miner, Olson, Witzke. Nays:(•Nonea resident Pro tem Schroeder declared said res lution,,passed and adoptedw , i M Alderman Olson introduced the following resolution -Which was ready•r �F3e it resolyeci by the Common Council of. the City of Rochester: ' That the bid and proposal of Vim C. Fraser to,;furnish all materials Land do all the work for the construction of alsewer in the following named -avenue In the -City of Rochester, Minnesota, viz:- " Tenth Avenue Southeast from center cif Fourth Street Southeast to enter of Sixth Street 'Southeast, according to the plans, profiles and C ' pecifications for the same;^be and Ythe said, bid is hereby accepted at the 3 'r. �'"r'L' ., - •.f i' • :' ,« r I I following prices-;' 842 feet 8 inch r"vitrified pipe sewer at O1:50 per foot; 28 six inch, one 8"; "Y"- connections, each 01,i50; 2 manholes at,,each $85i=;. • 500_feet 14"• water pipe,,per foot Oio50; Loose Took excavation, ,per cubs(). -yard @ $6:00; -.Sand Took ", " " " C� 6.00; Solid " " " " " © 11N004 The Mayor and City Clerk of said City arq hereby authorized and directed to execute in behalf of said ' City of Rochester a contract with said c-dntractor for the said construction in accordance herewith: The amount of the blind to be given by said contractor is hereby fixed at the sum of 4600000 Dollarsr Motion by Miner' second by Case that -said resolution be adopted as read: Roll Call: Ayes: Case, Rommel, Miner, O1°son, Witzke. Nays: Nonei President Pro tem Schroeder declared said resolution Passed and adopted. The -following estimate was read, and motion by Rommel second by Miner carried that the same 'be. accepted and placed on file: - < "November 1st, 1920. Honorable Mayor and Common Council, S City of Rochester, "Minn: Gentlemen:— t I herewith -`submit estimate No: 1 in'favor of Wm C. Fraser for construction of sdnitarV sewer -in Ninth Avenue Northwest: 150 ft: 8" Pipe Sewer ®'$1:60 $240:00 150 ft. '1" dater Pfpe @ $@40 60aOO 4 6" on 8" "Y" Branches at ':,lw50 6«00 0-306.00 Less 25� i 76.50 Amount. of estimate No: 1, 6229150 1 } • Respectfully submitted, C: H. Armstrong, City Engineer:" The following estimate was read, and motion by Case second by Olson carried that the same be accepted and placed on file: "November Ist, 1920. Honorable Mayor and Common Council, , City of Rochester, Minnesota:• Gentl emen: - I hereby'report balance amounting to `�IIP'180.04 due N. N Fraser for construction of surface drainage asewer in Thirteenth Avenue Northwest and Southwest: j •+v.,�,. „�_ •,.�tr..a:•�z.,,a•�srv-. � _ .,. �r•�;�ti::�,m.r. �� _- ��a.x�tth_ ;� �•'�S'�:�-.x��a�.� e,'�-;r<��cr.�..�":ztf;'a:.,�.r-U. .•�'x;a«! r.� ,i•_._,_ _ _ 4. :-,,�- — 1336 iThis amount represents the 5�o which was retained -for a period of one year. Respectfully submitted; C:' H. Armstrong, -� i # City Engineers" ,, The following estimate was read, t and motion by Rommel0second by fit, Witzke carried that the same be accepted 'andtplaced on file: •lt "Rochester, Minn. Nov. 1, 19201 x ' Honorable Idayor and Common Council, yv' City ,of Rochester, Minnesotan - 1Gentlemen:- '! I herewith submit estimate No•1 'in -favor of We C-: Fraser z 1 for construction.o'sanitary sewer -in Ninth Street Northwest from Broadway z to alley next east of Second Avenue Northwest: C ; M ft. of 8it ripe Sewer at $l16O $560.00 i - !350 116 pieces 6" ,on 8" -"Y" Branches @ $1.50 2400 f , +' j' t 5a4 a 00 -. 146: 0 0 Less 25% ----- t Amount of Estimate Eton 438:00 a Respectfully Submitted, > qL C. H. Armstrong,y City Engineer#" r <` The following estimate was read, and motion by Case second by. • Y _. Wi.tzke carried that the same be accepted and placed on file: x, _ "October 279 1920. `ta (Honorable Mayor and Common Council, : . City of Rochester, Minnesota: r y Gentlemen:- ; _ • I herewith::submit estimateNo. 1 in favor of Wm H: Hale & Company", Minneapolis, 'Minnesota, for furnishing one set, 4" diaphragm pumps; 2 twenty ft sections 4" wire.line suction hose; 2 4� set 4" brass hose couplings; 4 hose bands;. 21 values and strainers. ; ` lContract price, t $740100 y !a4 t Contract completed; this amount due contractor: = Respectfully submitted, C. H. Armstrong, I , r 0 City Engineer:" i up`' The following estimate was read, and motion by Miner second by I",, ' Olson carried that same be accepted and placed on file: j t ra " October ,27, 1920. �" o% Honorable Mayor,and Common Council, City -of Rochester, Minnesota: E: :k- is• � ram' 331, I I I herew1bh submit estimate Noy '2 in favor of I41m II. Hall & Company, Minnea- polis, Idlinnesota, for furnishing the, City of .Rochester two form P3 Spraco pne-omatic painting outfits completes } v{ 440: 00 One No: 2 gas engine driven compressor, eo4iplete with two 50 ft. length of hose,' < <- 474.00 _ ` Total of contract, Y � Contract completed. ly ' s :014:oO Respectfully submitted, $. Armstrong, e City Engineer." The following estimate wastread, and motion by Rommel second by Case carrie that the same be accepted,and placed on file: "Oct. 27, 1920. Honorable Mayor and Common'Council, City of Rochester, Minn: !� Gentlemen: - herewith submit estimate in favor of the :.2acleod *r ;,. Company, Cincinnati, Ohio for furnishing one sand blast machine, one sand dryer and s, one sand screen,scomplete,Icontract price, 4022".5'09 contract completed. ..F ' y, Respectfully submitted, §, C. H* Armstrong, City Engineer. `. An agt.imate nrenared bs Hilgh L. Cooper & Company, Consulting"Engineers, showing the sum of $732*2i as being due the General Elec uric Company for labor, material furnished and expenses incurred in connection with changing brakes on i :. generator at the Hydro -Electric Power Plant of said City, was read, and motion by " Case second by Rommel carried that the said estimate be accepted and placed on file: Alderman Rommel introduced the following resolution which was read: :}}= Be resolved by the Common Council of the City of Rochester: y. -it Y Rt4 That the sum of $180604 be and the said sum is hereby appropriated from the Sewer Fund of said City and ordered paid to Iq. C•,Fraser for construction of surface drainage, sewer in',part of Thirteenth Avenue Northwest, as per Report of City .`, =M` Engineer, approved and allowed by said Common Council* K The Mayor and City Clerk are hereby authorized and directed to draw a wx- warrant for said sum upon the City Treasurer in accordance herewith, and cause said payment to be made .' t `1" Motion by Rommel second by Olson that said resolution be adopted as read: S xF Roll Call: Ayes: Case, Rommel, Miner,.Olson, Witzkei Nays: None: President Pro tem Schroeder declared said resolution.passed and adoptedo Alderman Rommel introduced the following resolution which was read: �.^f.*s't `-`.._ .�'• .wv''P �<'..i.:F ::C •i•.F:� y�`.r .ri3r :'�k37.•:srz*.+^.:try'r°tiSi'�{``lhir'h,.'•ri«„�"'r'�Y:?k'u�_rRf-'�:4I %�.•;��'".i. aa.-'.A.ci^,_-�� .�,1i tt�-ri r- `�.� • ..: 332 - LBe it resolved try the Common Council of : the ' Ci•ty of Rochester;. - That the sum of y229.50 beland the said sum is hereby appropriat i ed .from the Permanent Improvement Revolving Fund of said City and,, ordered paid to W., C. Fraser, for 'construc.tior� of sewer in part of 9th Ave. N104 as.per EstimateNoe l prepared by City Engineer, approved and allowed by said Common Council*, The Mayor and City Clerk are hereby authorj.zed .and directed to draw a warrant for said sum upon the City Treasurer in accordance here - 'with, and cause said payment to be made' I Motion by Case.second by Witzke that said resolution be adopted as read: Moll Call: Ayes: Case, Pommel, Miner,,Olson, 11�itzkej Nays: None. President Pro tern Schroeder declared said resolution passed and adopted. Alderman Rommel introduced the following resolution which was iI read: +jBe it resolved by the Common Council of City of Rochester: ` ,the That the sum of 0438,00 be and the said sum is hereby appropriat- ed from the Permanent Revolving Improvement Fund of said City and ordered {� paid to 111. C. Fraser for construction of sewer in part of Ninth Street , Northwest as per Estimate No: 1, prepared by City Engineer, approved and allowed by said Common Councils � ` The Mayor'and City Clerk are hereby authorized and directed to i 3 ;. . draw a warrant for said sum upon the City Treasurer in accordance here- v�ith, and cause said payment to be made' Motion by'Rommel second by Olson that,said resolution.be adopted ^Ayes: as read: Roll Call: Case, Rommel, Miner, Olson, tiitzkei Nays: None. President Pro tern Schroeder declared said resolution passed and adopted* °°£ I Alderman Rommel introduced the following resolution which was Y read: ' 'Be it resolved by the Common Council of the City of Rochester: .' That the sum of 022w50 be and the said sum is hereby appropri-` ated from the Bridge Fund of said City and ordered paid to Macleod Company j furnishing one sand blast machine, dryer, and screen under contract, 1for as per estimate made by the City Engineer, approved and allbwed-by said _ a, Common Council. The Mayor and City Clerk are hereby authorized and directed to ; ;; • draw a warrant for said sum upon the City Treasurer in accordance here- with and cause said payment to be made. :- Motion by Case second by Witzke that said resolution be adopted t as read: Roll Call: Ayes: Case,` Rommel',r Miner`, ,Olson,' Witzke. Nays: None. President Pro tern Schroeder declared said resolution passed and adopted. z D-i�;l�;`'i-j:.,6}„°^ Y•'Y•'�7,�,:, �'i,-" Sy'iE: .� - . - r.:•_ -. - AlderpanRomnel­ in&odueed the following resolution which was read: Be =it resolved =by the Gom'd-o'n Qoumcil Hof the City of Rochester: That the smi' of914e 0 0 be- and, the sum is hereby appropriat6d from V y the Bridge Fund of sai!&'City and' -"ordered paid to IkIm He Hale Companfor furnishing , to painting'autfit., under, contract, as per -estimate prepared by City Engineers approved and allowed by said DommonCouncilo The Mayor and City Clerkarehereby authorized and directed to draw a warrant for said sum upon'thd City*Treasurer in accordance herewith., and cause said payment to be madei Motion by Minerlsecond'by Rommel that said resolution be adopted as read: R Miner, Wittkee Nays: None, President -Pro tem Roll Call: Ayes: Case, Rommel;` ' ssed and adopted. Schroeder declared said resolution passed ''`_ Alderman Rommel'introdue6a th6 following resolution which was read: Be it resolved by e' th Common Council of the City of Rochester: -'o, That the sum of , 074000 be and the said sum is hereby appropriated from the Sewer Fund of said City and ordered paid to Im..H. Hale Company for furnishing pumps and other equipme nt as per estimate prepared by*the City Engineer, approved and allowed by said Common CouhcilQ The Mayor and City Clerk'are hereby authorized and directed to draw a warrant for said sum upon the City Treasurer in accordance herewith, and cause said payment to be made-i - Wtion by Rommel second IDyl Miner that said resolution be adopted as read: Pro tem Roll Call: Ayes Case, Rommel Min6rt Olson, Witzke6 Nays: None* President Schroeder ddelared said resolution passed and adopted: Alderman Case introduded the fo;lowing resolution -which was read: Be it resolved by the Com"'Mon Council of the City of Rochester: That t'he sum of'$100000 be and the said sum is Inereby appropriated from the General Fund of said' City., for use of the Streetand Alley, Committeei Motion by Rommel second 'by Miner that said resolution be adopted as read: Roll Call: Ayes: Case, tZ6mmel, Miner, 01'sons Witzkeo Nays: None i President Pro tem Schroeder declarjd`satd resolution Ipassed and adopted: Alderman Case introduced the following resolution which was read: Be it resolved by the Common Council of the City of Rochester; That the sum of 1$732i21 be and the said sum is hereby appropriated from the Hy'dro—Electric Plant, Fund of said City and ordered paid to General tlectric Company for material, labor and expenses changing brakes on generator at the Hydro Plant, a;s,, per estimate, approved Electric' Power P and allowed by said Common Council* , The Mayor and City Clerk are hereby authorized and directed to draw a Wi warrant for said sum upon the city Treasurer in acoord anice herewith, and cause said 4Y II p aym ent to be madev; 334 M ,Motion by -Case seCona by Witzke that. said: resolution be adopted as read: Roll Call: Ayes:- Casa, Rommel, Miner; Olson, Witzkee Nays.: Noner . President Pro tern Schroeder declared said regolrution passed and adoptedi Alderman Case introduced the following resolution which was read: Whereas, The Common Council of the,City of Rochester, at a meet- ing thereof held on 18th day of October, 1920, duly passed and adopted a fI resolution declaring, it- expedient and .necessary that local public improve- ments to be paid for by',special ,assessments •levied as provided by. law, be. I� made in the said City; �! That a sanitary sewer berconstructed,in Fifth Avenue Northwest 1-from the cer4ter of- Fifth. Street Northwest to the center. of Sixth Street Northwest; i - ? - That a sanitary sewer be constructed- in Eleventh Street North- West from the center of. -Broadway Streetnorth to the center of Second Avenue Northwest; That a sanitary, sewer be constructed in Tenth Avenue Northeast I I,from the center of 'Second Street Northeast• to the center of Fifth Street Northeast; ; r That a sanitary sewer be constructed in Eighth,Street Northeast from the center of_ First venue ,Northeast to the center of Seeond_Avenuq- Northeast, and said Common Council in and by said resolution ordered that a public hearing be held at 2 o'clock P.Mii on,November 1st, 1920, at the Council Chambers in the;,City Hall in said -City,, and -'directed the City Clerk of said City to give notice of said hearing,• asr provided by law, to -all persons interested in the said improvements, and ,said resolution was approved and signed by the Mayor of said City of Rochester, and Whereas, said City Clerk did duly and in due time, as ordered, publish a notice of the time and place of said public, hearing and of the purpose for which the sane was to be held, in the Rochester Daily Bulletin, the official newspaper of said City,, on,October. 20th, 1920; and • t < Whereas, on November 1st, 1920, at 2_ ,o ! clock- P.Mi said Coon Council duly met at the Council Chambers in the City Hall in said City of Rochester, and,said public hearing was then and there held and all persons interested in said improvements, who were present, were then and there heard before said .Common Council in relation to the said improvements, and said Common Council having duly considered the matter of•.making the said improvements and the reasons and arguments for and against the same, and deeming it expedient anal necessary that the improvements be made; Therefore, Be it and it is hereby, resolved by said .Common Council. o - - That the aforesaid improvements and the whole thereof be made and done, and r P ' ' .- ; "'-'•:y^��i,�'4, ly;�'i> >«'�, �'';.s'sa'jr Y�3• �-,� t - '2; , sc�. '�°=a:':+� -•;•. ,ram:`°: ::E'�.�,'t.='E-.xi..��.�, � � � - %�'-�'-;a.t .- -; "a i" `z•-. _ - �`•` i - ',i` 'Id 5: _ j ; .. ; " a; fT.• Tif2 , ": 66 7A-T - ysf F (the same is hereby ordered to be made and done, in the manner and with the materials llherein specified and that'-'the-rwhole costs and expense of said improvements shall be !!paid by special assessments, -levied as -provided by law. Bey it further resolved by said Common Council: That'the materials to•be used therein shall be eight inch vitrified salt glazed' sewer pipe and the men holes thereof shall be good quality brick. Be it further. resolved; That the City. Engineer of said City be and he is hereby directed to prepare and file in the office -,of the office of the City Clerk of said City detailed plans, profiles and specification's for said improvements as herein set forth and to make and report to said Common- Council -an Restimate of the oost and expense of said improvements. Motion by Case second by Rommel that said•reFsolution be adopted as read: Roll Call: Ayes: Case, 'Rommel, Miner, Olson, Wit;zke: Nays: None. President Pro tem Schroeder declared said'resolution Passed and adopted. The City Engineer submitted plans, profiles,, specifications and estimates of costs for the above described sanitary sewers, which were"considered by the Common Council, after a discussion of the fact that it would not be feasible to lay a water pipe in connection with '.the sanitary sewer in Third Street Northeast for the full length of said sewer, • ersmotion by Rommel second -by Case carried that further pro - ceedings,in connection with the construction of the said sewer be abandoned. Alderman Witzke introduced the following resolution which was read: Whereas, The,Common Council of the City of Rochester, at a meeting thereof, dulyheld on November lst,9 19202 after due notice given and hearing had as provided by law, did dull pass ,ernd _adopt a resolution ordering that the following sewers be constructed in the following named streets and avenues in the City of Rochester: That1a sanitary sewer be constructed in Fifth Avenue Northwest from the .0 center of Fifth Street,'Northwest to the center of Sixth Street Northwest; .That a sanitary sewer be constructed in Eleventh Street Northwest from the center of Broadway Street North to the center of Second Avenue Northwest; Than a sanitary sewer be constructed in Tenth Avenue Northeast from the center of Second Street' Northeast to the center of Fifth Street Northeast; That a sanitary sewer be constructed in Eighth Street Northeast from the center of First Avenue Northeast to the center of Second Avenue Northeast; and in said resolution directed the City Engineer of said City to prepare and ,file in the office of the City Clerk of said City detail- ed,rplansi profiles and" specifications for said improvements and to report to said Common Cormcil an estimate of the costs and expense of said improvements; and said City Engineer, pursuant to said directions, did, on the first day of November, 1920, duly file in the office of said City Clerk detailed plans, profiles and specifications for the said improvements and did report to the said Common Council an estimate of the cost and expense of said. improvements) Therefore, Be it and it is hereby resolved by the said Common Council of s Y .. n .- . .. •' t N. # 'i4 Le�}i "^SrH'e •- Tn�..' :• - .A ". _ - .+-. - 0 �) said City of Rochester:- 0. - I c That the plans, profiles and apegifications for, the improvements ��above described so fil ,edin the office -of the City Clerk by the City Engine- er as aforesaid, be and -the same are hereby adopted as- the- plans, profiles, land specifications for the said improvements and each,of them; and that the lestiiate of the cost and expense of 6hch said improvement reported to said 'Common Council be and the same is hereby accepted and .ordered filed in the f (office of the City Clerk. Be it, further resolved by• said .Common ; Council : That the whole cost and expense,of constructing of said sewers in said parts of said streets, above•mentioned, in the manner above mentioned, .-;according to the plans, profiles and specifications for the same on file in 11the office of the City Clerk, shall be assessed .against each lot, piece and ;parcel of land benefited by each said improvement,: respectively, to -wit: ('Against each lot, piece and parcel of land abutting upon each said improve- • • ent, without regard to the cash valuation of said lands, ratably and in r I r I - roportion to the special benefits conferred upon each said lot, piece and : arcel of land by tresaid improvements: Be it further resolved by said. Common Co-oncil; Thata meeting of said Common Council wi•11 beheld at 2 o'clock -Mi on December 6th, 1920, at the Council Chambers in the City Hall in said ity, at which meeting all persons interested in said improvements above 11 escribed may `appear and be heard before said Common Council in relation to the said improvements, or to the mode of the`assesdment for the cost and ,expense thereof, or any other natter or objection relating to said iml3rove- 'ents, or any of them, upon which they may desire to be heard - The city Clerk is hereby directed to prepare lists which shall Pontain a description'of each and all of the properties abutting upon each f the said improvements and the names of the owners of --said properties so ar as the same are known, which lists, together with a notice of the time nd place of the meeting and hearing, _.Abuver-mentloned, he shall cause to be ublished once in the official paper 4.of said City, at least ten days prior to he date of the said ,'meeting and hearing: Be it further resolved by said Common Council; That the City Clerk of said'City be and he is hereby ordered -and irected to advertise for bids as provided by law^for furnishing- all matey- als and doing all the work for making each improvement: Bids for each improvement shall'be received and -.opened by said �ommon Council at d public' meeting e -''' - p b t ng thereof to be held at 2 o clock,P.M. on ^ ecember 6th, 1920, at the Council Chbzibers'in the City Hall` in said City. ach bid must be accompanied by a 8ertified check for aty least ten per cent 4�'•f.se>,',� y "S.�'••i:3•;•' ., ht5.i "�,9:-ri""oc F=_- 5`��"'t,s-, .•.:: .•�-'-.t r Y:. i:M±,s" Si,CI+# � Sri.' - ' .... '� •. ., .. •r •t-»3T �.7K'75=;.-;art...a'i�.et,t..ts..ywa.�;.,:-�h'i•'-:N.%".-�'-t,'S�.i+?�A�'x::cr�a'L.`�'-.:"�:.flX=%+;;:�,r-tih'.*_.;k.�t�w`-rr..'Pga.:.%�?':�!t•:,X•i "J t'k,� ,,i; �� :� .a;-�='r�' �st=�'K_''r`_•�;:iX"'v,• :--{" �s- x'�1: t 337' . J . t y Q.' of the amount of the b.idiiF,'.The- right is reserved to reject any and all bidsi Motion by Witzke secorid`by Miner that said resolution be adopted as read: Roll Call: Ayes: Case, Rommel, Miner, Olson, Witzkei Nays: Nonei President Pro tem Schroeder declared said resolution passed and adopted. Alderman Case introduced the following resolution which was read: Be it resolved by the Common• Council of the City of Rochester: That the sum ,of. -91000:00 .be and the said sum is hereby appropriated from the Sewer Fund of said City, f'or.use of the Street and Alley Committee. Motion by Case second by Witzke that said resolution be adopted as read: Roll Call.: Ayes: Case, Rommel, Miner, Olson, Witzke.. Nays: gone: President Pro ten declared said resolution passed and adopted: Alderman Case introduced the following resolution which was read:, Be it ,resolved by the Common Council of the City of Rochester: That the sum of ,$1000:00 be and the said sum is hereby appropriated from the Street and Alley Fund'of said City, for use of the Street and Alley Committee. Motion by Romme'T second by Miner that said resolution be adopted as read: ,Roll Call: fires: Case, Rorrimel, Miner, Olson, Witzkea Nays: None: President Pro tem Schroeder declared said resolution 15assed and adopted The claim of P.,F. Donovan inz-the amount of Thirteen Dollars for services as Clerk of Election of the Second"Precinct Segonq Ward of said City, on June 21st, 1920, due to the fact that-M., 0. Smith had previously collected but not paid over this amount was read, and motion by Rommel second by Qase carried that the said claim be referred to the Finance C6mmitteea The following claims were read, and motion by Rommel second by Miner carried that the same be allowed and that orders be drav:'n for the several amoiunts: From the General Fund: E. Ta Parker, 050:00; J. H. Clayton., '4?5.00; A. %. Gates, SN5:00; Elmer Flood, 05:00; Western Union Telggr'aph Coos ).75; H. A. Rogers, y25�95; F. J. Lehner, j:�5; Jo W. Anderson, 51s55; ;.'ochester Telephone Company, �28.10.- From the Fire Protection Fund: Rochester Telephone Company, "?4.75. From the Permanent Improvement Revolving Fund: Carl Rutz, q?17.58. From the Park Improvement Fund: Public Utility Fund, ,83.23. From the Sewer. Fund: 1m C. Fraser, $116:00; C.G.!V.P.R+, 64305. m= s From the Street and Alley Fund: Fielding and Shepley, Inc., �?54:00; F. J. Sf Lehner, $18.25. The License Committee recommended that Ben Kosieski be granted a driver s ..* license, and motion by Witzke second by Miner carried that the said recommendation be is accepted and that the said license be granted: ' I Alderman Olson, as Chairman of the Lighting Committee, recommended that = street lights be installed on First Street Northwest, as follows: f.py f* c • ; acid One at the intersection of Eleventh Avenue Northwest and said street; 338 i one on said street ti7here Tenth Avenue would intersect if extended, and t�:a 3 motion by Case second,by Witzke carried that the said recommendation be !, I �iaccepted and that the;City Clerk be instructed`to notify the Public Utility 'Board to make the installation of the said street lights. II The following petition was read, and motion by Rommel second by I'Case carried that the same be referred to the Street and Alley Committee: I "Oct'. 20th, 1920. i To the Iionorable Council of the City of Rohhester, M±hnesota; ` Vie, the undersigned respectfully request and petition the Council to order the actual grading of the street in Sunnyside -Addition, due nest: (;from Third Ave., S. E49 said strdet being the first street south of Geo_i Huney residence at Third Ave. S.E. I Y, We hereby respectfully submit this petition praying for immed- iate action• + Charles Dzialdowski �€ Matthew Caroon, r _ 4 T* H. Goodenough James Dorkey 4 i L. Peplinski, k, ' { A.`. PepTin§Y.i4 �.. R,. On uiotior by Miner second by Olson -Council adjourned to*November f_ = j 23rd, 1920, at 8 'o clock, P:?,4o t ,µ , FF . [ • J i r r ` * n .l •.I 7YY7733 i I City Clerkw 41 a f=y-a' ' .�r,k bt` •fl S{„f^,fY_a�?ii F.r '-.t•T `� -..* -.:'E..i�r``.�'j,.�v:i%.d'..,,;`i:.-.:,:".r..-.'tc.rM1:, x:�`�•.t