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HomeMy WebLinkAbout09-13-1921133 Minutes of an adjourned regular meeting of t le Comrlon Council of t hs City of Roc fester, Minnesota, held in t1r. Council Chambers, in the City 11all, in said City, o;± September 13, 1921, at 8 o'clock, P.M. y Meeting called to order by President Weeks. Roll Call:: Present: Weeks, Case, Erickson, Frank, Miner, Olson, Witzke.Abeefit: None. President Weeks stated t lat this was the time and place fixed for a hearing on t f° levying of special -assessments for the cost and expense of making the following local public improvements, and asked if there was any one ,present who wished to be heard in regard to either or any of t hems For the paving and the construction of an integral curb. on that part of t Third Street Sout 1west from the west line of Sixth Avenue Southwest to the east line of Seventh Avenue Sout hvvest; For the paving and the construction of an integral curb on that part of Third Street Southwest from the west line of Seventh Avenue Southwest to the east line, of Eighth Avenue Southwest; For the paving and curbing of Fifth Street Southwest froni the east line of Seventh Avenue Southwest to the east line of Eighth Avenue Southwest; For t he paving and curbing of Fift h Street Sout hwest fran t he west line of c'econd Avenue Southwest to the east line of Seventh Avenue Southwest; For the paving and curbing of Fifth Avenue Southwest from the north line of Sixt 1i Street Sout lwest to the north line of FIft h Street Sout Invest; For the having and curbing of Sixth Avenue Southwest from the north line of . Sixth Street Southwest to the north line of Fifth Street Southwest; For t he paving and curbing of Sevent h Avenue' Sout hwest from the nort h line of Sixth Street Southwest to the south line of Fourth Street Southwest. The City Clerk announced that, although this was the time and place fixed for the opening of bids for the painting and papering of the City Hall, no bids had been received. h;ayor C. D. Brown submitted the following proposed anenc}nents to the Charter of the City of Rochester, Minnesota, with the information that the sane had been serv- ed on him by the Board of Free -holders at 4:25 o'clock P.M. on SeptE�nber 13, 19219 and explained the object, etc. of each of said proposed amendments: "To the Honorable Charles D. Brown, Mayor of the C of Rochester, Minnesota: We, the Board of Freeholders of said City duly appointed to draft a charter. for said City of Roc nester, and to propose and submit finendments to said charter, do hereby propose and submit the following amendments to the charter of said City of Rochester: Amendment No. 1. 134 Amend Sections, 225, 229, 2771 278 and 281 so as to read res- pectively as follows: Section 225i Whenever said Common Council shall, vote .to cause a sewer or other local improvement, to be made, it shall determine and des - mate in a general way, so nearly as may be practicable, the character J j and extent of such improvement and the material or materials which it shall desire to consider for use therein, and it shall thereupon be the duty of the City Engineer, or any other a cmpetent engineer designated by the Common Council, to prepare an estimate of the cost of such improve- ment; and if the Common Council shall desire to consider the use of differ- ent materials therein, be shall make a separate estimate of such cost with the use of each kind of material designated by the Common Council. Upon the reception of such report, the Common Council may postpone action thereon to any regular or special ,rjeeting thereof, and may direct the City Clerk in the meantime to advertise for and receive bids for doing the tl ork and furnishing the material, or either, required to construct or complete such improvament; if the Common Council shall desire to consider the use of different .materials therein, be shall advertise for separate bids for each kind of Material and shall report all of such bids to the Common I. Council or the Common Council may in any other manner obtain information respecting the probable cost of such improvement Section 229: If the Common Council shall determine to snake such - impr. ovement, it shall let the contract, or make such improven ent, in the manner required by Chapter XV of this charter. Section 277. Before' advertising for bids, the Common Council,, or Board shall cause to be prepared by the proper department or officer of the City, and filed with the Clerk, detailed plans and specifications for the proposed contract for comj�jodities and service and if the Common Coun- cil, or Board, shall desire to consider different methods or different t commodities, it shall cause to be prepared separate estimates for each method or each variety of commodity wbic h it desires to consider. Section 278. After filing t bez same, the 'Coon Council shall `direct the City Clerk, or, if the matter is in the hands of a Board, such Board shall direct its Clerk or Secretary to advertise -for bids for doing or furnishing said commodities or service in accordance with such contract pl ^.ns or specifications and, if there be specifications for different methods or different commodities, or both, he s b%ll advertise for bids for doing or furnishing said commodities or service in each of said respective ways. Such advertisement shell be published in the official paper, once at least one week before the letting of the contract and in such other 135 ;nanner as the Common Council, or such Board, ifte;y.-d irect. f All advertisements for bids shall clearly state that such bids are to be received and opened at a public meeting of the Corlm—on Council in the Council CY&nbers, or of such Board at its usual meeting place, upon a certain day and hour. Section 281. The Common Council or Board shall act up.Dn such bids and deter - Irvine wldc h one shall be accepted. All contracts shall be awar('.ed to the lowest reliable and -res ;)ons ible bidder complying with the foregoing requirements, provided, t hat the Canmon Council, or Board May reject any bids which it may deem unreasonable or unre- liable, and the Caution Council or Board, in determining the relio,,bility of a bid, shall consider the question of the responsibility of 'the bidder and his ability to perfoN his contract, withnut any references to the responsibility of the sureties upon � riffs bond, and any person who shill have defaulted in any contract awarded by the City, except as to time, or vrhn within ten years prior to said bidding shall have refused to enter into a contract after the same shallhave been awarded to him, shall not be considered a reliable and responsible bidder. Thr Ca:ri-on Council or Board may reject any or all bids and abandon the proposed contract, or it may require the Clerk or Secretary to re -advertise for new bids in the manner hereinbefore provided and the Common Council or Board may again re- ject all bids. After receiving a bid, or bids, or after having advertised and not e having received any bids the Common Council, or Board may either abandon the proposed contract or cause the proper department of the City to procure the necessary co;a�nod- ities, i_n Aenents, mac pinery, labor and Service and. carryout the proposed ilnprovenent, work or other purpose. 111 contracts shall be executed by the bidder within ten days after the con- t - tract is ready for his signature., and if not executed by him in said tine, he shall be deemed to have abandoned the sole. Amendment No. 2. Add to Chapter XIV, 'che following Section i;o be knorm as Section 274A, whic h s hall read as follows: In all City work whether let by contract or done by the City, preference as C to labor employed, must be given , to bona fide residents Hof the City if they can be procured. t l-L-r,:;of. E)mendd.1ent No. 3. Amend c'ection 151, as amended, by adding thereto the .following at the end And the Common Council of said City ;flay levy special assessments to defray the. cost and expense, or any part t hereof, of laying and constructing the grater :rains in any public st-reet, alley, avenue or highway in said City, upon and against each lot, piece or ,parcel of land fronting and. abutting upon that part of such street, avenue, alley or iiighnray wherein crater mains are laid- or proposed to belaid benefited by said improvailent. All the provisions . of this charter relating to local im- provenents, sewers end special assessment shall apply to the construction and extension of r;ater mains where applicable- and- not inconsistent. follows: An endn ent No. 4. Anend Sections 156, 75 and 276, so as to read .respectively as Section 156. All supplies for the lighting plant shall be con- tracted for and purchaser! by said Board in the nan a of the City; but every appropriation for the amount of five hundred Dollars ($500) or more to be paid to any one person9 fine or corporation, and the letting of any job or tl.,ork, or the authorizing of any contract or purchase involving the ex- penditure ''rom t Ir City Treasury of five hundred Dollars (l 500) or m ore, and the fixiii of any officer's salary or employe's wages at the aggreg- ate sun of five hundred Dollars ($500) or more a year, and every provision for the sale of any real or persorvWtate pertaining to said plant, of the value of five hundred Dollars ($500) or more, and every determination to make any improvement pertaining to the business of said City Electric Light Plant, shall first be authorized by a resolution duly passed by the Mayor and Common Council, before the said Public Utility Board, shall have any right or authority to act thereon. r Any contract to be let by sue h Board involving an expenditure exceeding five hundred` Dollars (0,500) s la].l be let to the lowest responsible bidder, after ITviiig given at least one tueels notice in the official paper. Section 2275. .All contracts fo,, ucyamodities or service to be furnislod or performed for the City, or any department thereof involving an expenditure of ,more t1an. .five hundred Dollars ($500) shall be made as in this chapter provided, and not otherwise. The words "co:,vnodities" s,.nd "service" as used in t his c bapte-�, shall be construed to include all riork, labor, ,.materials, supplies or other property and all lighting and other service, and all local or public improv%ents. The, word "contract" as used in this chapter, shall be construed to include every agreement.,. in writing or otherwise, executed or executory, by which any commodities, work or service are to b( furnished to br done for the City, and every transaction whereby an expenditure is made or incurred on the part of t hie Pity or any department or any officeiZ thereof. All action in this chapter required or authorized to be taken by the Common Council shall be by resolution or ordinances If the pro- posed contract be in the hands of a Board, under t hLs Charter, this Board shall take the s% e proceeding as herein provided for the Cdnmon Council, and the Clerk or Secretary of such Board shall do those acts in relation to suc h contract as are provided by t his c hapter to be done by t be City Clerk if the letting of the contract were in t`he hands of the C%rn on Councils { Section 2_76a The first step towardmaking such a cuntract, shall be for t he CQirmon Council or Board charged with the duty of making, such contract, to have t Ye cost of the proposed commodity, work or service to be estimated and determined by such officer, employe or other person or persons as it shall deem besto If such estimated cost does not exceed five hundred Dollars ($500) the Common Council or Board, in whose hands the matter may be, may direct that the co--rnod- sties, work or service be procured by or through the proper department or officer, wit hoot advertise;nent and public bids. Witness our hands this 12t h day of September, A.D. 1921. s Geo. W. Granger PRESIDENT Irving L . Eck hol dt SECRETARY Burt "J. Eaton A. C. Gooding J. A. Melone Clare W. Blakely John E. McGovern C. F. Olson G. N. Sherman H. J. Barwick J. 11. Ka bier Vim Enk e Jas. C. Drake Geo B. Knowlton Carl B . K j erner" Alderman Case introduced the following resolution whit h was read: TI-Breas, the Board of Freeholders heretofore appointed by the Judge of the Third Judicial District of the State of Minnesota to frame a charter for the City of Rochester, in said State, and to propose amendments to the said charter, has delivered to the Mayor of said City of Rochester proposed amendments to said c barter, whit h amendments are numbered by said Board of Free holders as No. 1, No. 2, No. 3 and No. 4; and the Mayor of said Ci-ty- has transmitted to the Counon Council of said City copies of each and all of said amendments so proposed and has :Iiib-aitted the matter of the said EimencInents and each of t bpq to said Co•=on Coun- Therefore, Be it and it is hereby resolved by the Common Council of the said City of Rochester: That; the City Clerk of said City be and he is hereby ordered and directed to file said copies of the said proposed amencjnents in his office, and to cause the said ?proposed "amendments to be published for at least thirty days before the charter election to be held in said City of Rochester on Tuesday, October 18,t h, 1921, in eaoh,of .t ba following newspapers, to grit: The Rochester Daily Bulletin and the Rochester Daily Post and Record bot h published and printed at Rochester, Minnesota, and of general circulation in said City, and the Stewartville Star, printed and published at Stewartville, 1(inn- esota, ;end of general circulation in said City. , Be it and it is hereby further resolved by said Common Council: That said proposed amendments and each of there stall be submitt- ed for, ratification or rejection to the qualified voters of said City of Rochester at a special election to be held in said City on Tues- day, October 18th, 1921; and the City Clerk of said City is hereby directed to give cue notice of the submission of said Proposed araend- I c • i ,ments, and to provide suitable and proper ballots and ballot boxes for the submission of said proposed amendments to the voters of said. City of Rochester. Motion by Case second by ?"litzke that said resolution be adopted as read: Doll Call: Ayes: Case, Erickson, Frank, Miner, Olson, Witzke. Nays: None. President Weeks declared said resolution passed. and adopted. The following report of t be Healt h Officer for t by imont h of August) 1921, was read, and motion by Miner second. by Case carried that the same be placed on file and that the matter of requiring tit sanitary sewer connections be made fror4 all dwelling houses abutting upon the streets and avenues wherein sanitary sewers have been emnstructed, be referred to the Sewer Committee for investigation and reports "Rochester Health Department To the Ilono rabl e Mayor and. Common Council: For the Month of August, 1921, the following re ?ert is submitted: - Vital Stwtistics Births - - - - - - - - - - 34 De at hs - - - - - - - - - - - 6 Collnlunicable Diseases C hickenpox - - - - - - - - - 1 Measles - - - - - - - - - - 1 Infantile Paralysis --. - - - 11 Scarlet Fever - - - - - - - 1 Tuberculosis - - - - - - - - 1 T,yl) rDid. Fever - - - - - - - 1 7!1-Doping Cough - - - - - - - 3 (Of these, 6 were non-resident cases) (Contracted outside of city) r `Che out -door privy is always more or less of a nuisr.•nce and is e, frequent source of complaint during the miner. Many of these P,re on streets where ser.ers have already been laid at:.t here no server connections Iv.ve been made. The entrance of flies in these places may be an actual danger to bealt h. It is believed that it would work no undue hardship if an ordinance were passed prohibiting t 1e • use of outdoor toilets or cesspools and• requiring that connections be made between dwelling houses and sanitary sewers on adjacent streets*, In 1916 an ordinance of this sort v,as passed, cover in, a certain limited area. Since that time many other streets h3.ve been sewered. P. Bleifuss, M.D. Dep. H.O i" The report of the 1ilk.. inspector for the week ending Septe,,lber t 139 3, 1921, was read, and motion by Case second by Frickson carried tit the same be accepted and placed on files The application of Dayle 0,. Snjith for -t taxi license was read, and >i,otion by Olson second by Erickson carried that the Salle L,c referred to t Yee ?_:i.cense Cor;1;littPe. The application of Don Enerson fcLr a license to o'I)erat,e a 7 'Passenger auto- -_gobile in sinht-seeing business, was read, and motion b*lk;:% rya::=: sncr.YLrI b, ',ric1,.son car- ried tgrit the some be referred to the License Committee. The applications- of tlB Clarkson Transportation Conpany for a license to operate one 14 passenger Packard automobile and two 7 passenger Packard automobiles f or hire upon It 12 s ureets of said City, were each separately read, and motion by Case second by !,Iitzke carried tint the said license be granted with the condition tYat the said autcriobiles shall only be used for transpgrtation purposes between the City of Roc l-ester, iviinnesota;, and surrounding cities, towns and villages. President Weeks ,at this time excused Alderman Case who left the Council C bomb e r s The following eanmunication was read, and inction by Miner second by Olson carried t ho-t the sane be placed on file: "September 129 1921. To the Honorable Canmon Council, Gentlemen: - City of Rochester, Minnesota: S lzreby appoint the following persons as Special Pa,trol,.nen of sfl.id City for. the period beginning on this date and ending on September 169 1921: H. tv. McNeir E. M. Ilynp fell. B. A. Dieter N. E. Dieter J. E. Milvibill Edgar Boardman >ixcept that Boaronan and HLInp prey are effective on Septa,lber 13t h. Respectfully submitted, C. D. Broom, Mayor of said City." The following communication was read, and :,lotion by Witzke second by Erickson carried that the sane bePlaced on rile: "Winona, Minnesota., eptenber h St, 1921 M. Mr. A. F. Wrig1t, City Clerk, Roe haster, Minnesota. Dear Sir: Your ccmmunieationdated September tbe 1st and addressed to Mr. 140 Banks, pertaining to crossing protection on First Avenue Northwest at Rochester, 14innesota: Fly being damaged the gates were, for a short period, out of com- mission, but it is ourndersta:nciin; that during that time the tower mail acted as a flatgnan on the groand. Throu.r-h unavoidable circumstances the Fates e�ere not rvt back into service as early as 77e could like to have had it done but they e.re now working properly and I believe provide suf- ficient protection to meet all requirerlents. I wish to assure you as well as the of her City officials that we are very gn.xious to co-operate c!ith you in every way possible, not only as it applies to crossing protection but other .natters as,well. his C hair. Yours truly, M.J.Boyle H Superintendent." Ald.ern an Case returned to the Council C.fibers aril .again took The following summons anl complaint was read, and motion. by Olson second by Miner carried that the same be referred to the City Attorney; the City Clerk giving; the information that the said summons and complaint had been served on hip, at 10 o'clock, A.M. on September 12, 1921a "State of Minnesota, County of Vabas ha, 00000000000000000000000000 In District Court, T Ind rd Judicial D i s Sarah Gallimore and. Flis ha M. Galli;more, plaintiffs, -vs- 4 City of Roc l-oster, a -.municipal' corporation,, Def endant. 00000000000000000000000.00 SUMMONS:. 00000000000000000,00000000 T11C, STATE OF MINNESOTA TO TILE ABOVE NAMED DEFENDATIT: You are hereby siV,rnoned ,and required to answer the complaint of the plaintiffs in the above entitled action, a copy of which co�nl�lz�1_n+, is Trr. eby annexed and hereogth served upon you and to serve a copy of your answer thereto upon t Yee subscribers, at t Yrir office in the City of Wabas ha, 7abas l-a country, Minnesota, within twenty clays Lbfter the service of .t his sulrgons upon you, exclusive of the day of such service. If you fail to answer said complaint witltn the time aforesaid, the plaintiffs in this action mill take judgnent against you for the siam of - :1;2_, 500.00, with interest thereon from .Nbvesber 1st, A.D�, 1919, toget lr er cd.t h their costs and disburse,, ents herein. Dated., September"9t1, 19216- 141 State of Minnesota, MURDOCIi & LOTIROP Plaintiffs atturneys, I.Pabas ha, Minnesota. In District .011our.t, 0 County of Wabasha, Third Judicial District: Sara h Gallim ore and, Elis ba M. Gallimore, Plaintiffs. -vs- I COMPLAINT: City of Rochester, a municipal norporation, Defendant . The plaintiffs complain of the 'defendant and,' for their cause of -action berein allege: 1. That at all the times hereinafter mentioned' the defendant was and now is a -,municipal corporation organized and existing under and by virtue of the laws of the State of Minnesota. ?. T rat at all t he ,times hereinafter ;mentioned, t he plaintiffs lave been and now are the owners and in possession of the real estate situated in the County of [babasYa and State of Minnesota described as follows,. viz: T is northeast quarter (NE'.) of the Nort lmrest quarter (N�l`q) and the northwest Y�vest quarter (Nt'V4) of the northeast quarter (NEB-) of, Section twenty- seven (27) in Township one hundred nine (109) nort % Range fourteen (14) west. j. That during the years 1918 and 1919, the defendant caused to be erected and now owns a per;uanent dam across the &nbro River upon land onmed by i, located in said section twenty-seven and wbic h land has a higher elevation than the lands of these plaintiffs. 4. Tlat upon the completion of said dam, the defendant impounded above said Cam the waters of said Zumbro River and in the fall of the year 1919, raised the 1 ev- �31 ui the water above said dam to a height of approximately sixty feet above its c'onmer and natural level, causing said waters to overflow adjacent lands and forming a large lake above said dam. That the surface of said lake above this dam is much hither than the surface of the lands of these plaintiffs* 5: That thereupon the water from said lake seeped through the soil into, t bough dnd upon t he lands of t hese plaintiffs, and emerging to t he surface t hereon caused a part of said lands to become wet', mars1W and. unfit for cultivation and also foih, ed a large stagnant pond upon tiie lands of these plaintiffso Tlat this condition has continued since about November lst, 1919 and, as plaintiffs are informed and verily believe, will continue and that the injury caused to said lands is a permanent in jury. 5 That the seepage of said. waters from the said lake, upon defendant's 1 4,2 land, into, though and upon the lands of these plaintiffs has been caused by the erection of said d% by defendant and the resulting increase in height () of the water in said lake over the noyinal and natural level of the water in the Zi°nbro rRiver, That prior to the impounding of the ester above said dam, the eater from said river did not seep into, through and upon the lands of these plaintiffs, and if the waters in said river_ were allowed to flow in tbeir fonner and naturaltTnanner they would not seep, into, through and upon the lands of these plaintiffs: 71 Tbat, by reason of the foregoing, the lands of these plaintiff . r have been injured to t he extent _of. $2_, 500.OQ and- t.Iepe plaintiffs dfaped thereby to that % ount: TPF16,FORE, The plaintiffs demand judgnent against the defendant for the sun of 2,500.00 vrith interest thereon from November 1st, 1919, to- gether with their costs and disbursements herein. Dated, September 9t h, 190-16 MURDOCH & LOTIffZOP Plaintiffs, attorneys, Vlabasha, Minnesota. State of Minnesota ss County of Wabas ha Elis ha M. Gallimore, being first duly . sworn on oath says that he is one of the plaintiffs in the above entitled action; t lat he knoers t le contents of ,the foregoing complaint; that the avements thereof are true of his own knowledge, except as to matters therein stated or_ information and belief and as to suchmatters that he believes them to be true. ELISHA M. GALLIMORE ' Subscribed and sworn to before me this 9t h day of September A.Do 19210 ' H.L. LOTHROP Notary Public, Wabas ha County, 1Iinn4 TIy commission expires June 24, 1927. (NO TARI .AL SEAL) " The appligation of Cris Dillon for a license to connect witb. sewers and drains in said City was read., and motion by Miner secondby r Erickson carried that the same be referred to the License Conmittee. Upon a. request, for a ruling on the question as to whet her the r Board of Education of School District No: 8 could be compelled to file v->i.th the Co --,Ion Council a monthly report of their receipts, disbursements, etc., or not, the City Attorney submitted the following ruling erhich was read, and motion by ("lase second by Erickson carried that the serve be accepted and placed on file, and that the City Clerk be instructed to notify the Board 143 of T diic at: ion of School District No. 8 to fort Ivit h file t b° annual report w1lac h was due on the first Monday in September, 1921: "Report of City Attorney on the question of Tr.onthl y reports of Sc Pool ;-,Jstr. ict No. Be Ge-at 1 on en To the Merbiers of the Coon Council of the City of Pocbester, Under Sub -section 12 of -Section 160 of t }r: City C .harter, the Board of Rd- ucation is required to make a detailed report annually 'on the first Monday of Septemb- er of each and every yearn I can find no. section of the City CYarter wbieh gives the Common Council power to compel t be Board of Education to make wont bsy reports: Respectfully submitted, James T. Spillane City Attorney." Upon a request for a ruling as to wlet ber or not inoneys could be transferred from the Public Utility Fund; of said City for use in the Hydro -Electric Plant Fund of said City,- to meet over -drafts in the said Fydro-Electric Plant Fimd, t10 City Attor- ney submitted the following ruling which was read, and motion by Miner second by Olson carried t hit the same be accepted and placed on file: it Re port of City Attorney on t h✓ legality of appropriations Tnade by the Public Utility P.ori,d a ro>1 t l� :� .:',.rnd to th-: Hydro -Electric Plant Fund to Peet overdraft nr. that fund. To the Mernbers of the Con-mon Council of the City of noc nester. : Gentlemen: I can see no reason why the above appropriation coiild not be Tnade inasriuch e as the Co71mon Council may transfer T-rioney fron the General TM.znd of the City to the Public Utility Fund for ttie purpose of defraying the expenses of any extension, :4nprove+;1ant or enlargement of said plant, and it is ny opinion th?t an appropriation ;-,lade fro -,-I the Public Utility Fund to t 1r, IDjdro-Flectric Plant Tl;�znd would be for -or? -,purposes stated in Section 157 of the City CYarter and not contrary to the !n ca,ninr of that section. Respectfully submitted., James T. Spillane, City Attorney." In accordance rrith the request of t}Le. Cc?nmon Counuil. au lie :,i eetin_ held on tie-otenber �, 1921, thr_ City Attorney submitted_ the follo^.in�-,, rLTling wlhich was read, and -notion by Case second by ',Vitzke carried, tYut the same be accepted and placed on rile: "Repo!,t of City. Attorney on uIx; quec�tion of 73Ptl,;r or -not U.S. Liberty T'cr.ls can be acce,pted as cash in paynent for special assessments into the proper fund; at their par or Inarket value. 144 i C w w To the m e-ibers of t he Co-,11on Co�incil :o t } City o:i F2o c i�ster, G entl e n en : 3 United States Liberty Bonds could not be accented as cash in pay- ' meet for special u•ssns"ents at their par value altboun;h I ern. of the opinion that' the seine could be turned in at their market values Respectfully sub;1 tied, Jar-ies T. Spillane, City :Attorney." Upon & request for a ruling as to the �neanin.r- of peddling) and 1e,w'c- ing in State leas which provide tint, no license fee shell be required r an lnnoroibl57 disc h�,rr ed soldlier who served t he United Sta';es in the recent. .:,. s, the City .Attorney submitted the following ruling wbac h. v°as read, and motion r;: ' r^r second by Erickson carried that the s —le, be accepted. and placed on file: port of City Attorney on meaningof t l� words neddlin and la`v-` ini, in the State Laws that provide for the issuance of per:-iits to soldier.,. 7'o the 'ySenbers of tke Co-.unon Council of the City of Rochester, sentlen en: Chap. 415, Session Laws, State of Minnesota, 1910 -;provides in part t hat No license fee or other charge slall be required of any hmorably disc 1e,rged soldier, sailor or ;jarine w1n served_ the T.nited States in the Civil T.ar, - - - - - - - - - - - - - - - -or in the recent war azainst _tlo � Ge,.;i.��n E1pire and its allies, : or 0l-e privilege 'of lawkingor peddling; goods end. mere lkj.nd.ise, not _pro bibited bj law or ordinance, solely on Ids uccoun.t. ' � �)eda r is one r�-1x� goes from � tcc �o place or frog house to houoe carrying his ,merchandise vrith him and concurrently selling and deliver— ing it. An exa_n.ple of this would be a roan selling linen or lace. A hawker is one who not only carries his goods with him but seeks his purchasers by crying out the nature of his merchandise or by using some i • I instrument as the fish fern to call the attention of'possible purclasers his ! way. A elan who desires to conduct an auction is neither a peddler or a hawker and could not tale advantar7e of the law in question. The activities of the ex -service ;nen under this law can be regulat- ed insofar as the city ordinance will allow any regulation. Respectfully sub;litted, J%es T. Spillane City Attorney." i i Motion by Miner second by Frank carried thya.t the certified_ checks � 145 of t 1r, unsuccessful bidders for the furnishing of Portland cen ent, which bids were opened on September 6, 19219 be each returned to the said bidders. Motion by Titzke second_ by Frank carried that the s1en of ,'"2.00 be appropriat- ed fram the General Fund and paid to the Union National Bank in paynent of rental for safety deposit vault box for the year 1921 for use of the City Treasurer. Agreenents, wit h F. A. Willius and Stella j"illius, his wife, JoIn L. Frin nnd Eunice M. ?grin, his P=ife',and Max Aargesheirler and Alice Hargeshe-tIjer, his nr.fe, as parties of the second part and. the City, of Rochester, Minnesota, as party of the first panto, to the effect that the parties of the second part release all clairns of every Lind, ne.ture or description which they or either of than now have or tday heretofore have had against t le said party of the first part on account of the i;3.1provenents in and upon Seventh Avenue Southwest of said City, including the grading, curbing and paving 'in front of their property as described, in consideration of the said agreements and releases of all claians for da.nages against the said party of the first part by the parties of t lLe second part, the party of the first part agrees to construct at its own cost and expense a cement sidewalk 5 feet 4 inc Yes in widt h along t he vest curb of t he said Seventh Avenue Southwest between Fourth Street Southwest and Fifth Street South- west and. to do t he necessary rough grading, if t he same be desired by the said parties, of the second part, from the Anside line of the present sidewalk to the inside line of t hie sidewalk wv.dc h is to be constructed by said party of t he first part, were eac h separately read, and motion by Olson second by Erickson carried that the lfayor and City Clerk of said City be authorized and directed to sign the said agreements and as suc h t lat t hey be accepted and placed on record** Motion by Case second by Erickson carried that the City Engineer be instruct- ed to secure labor and materials and construct sidewalks, etc., as set forth in the above mentioned agreenentsi Alderman Case introduced the following resolution which was read: Be it resolved by the Common Council of the City of Rochester: That the resolution heretofore passed by the Common Council of the City of Roc nester on t he 5t h day of_. September, 1921, levying special assesen ents for t he c o:::t and expense of constructing a sanitary sewer in' Eighth Street Nort Wiest fro, the center of Broadway Street North to -a- point 100-feet East of the East line of Second Avenue Northwest, be and the sake is hereby repealede Motion by Case second by Erickson that said resolution be adopted as read: Roll Call: Ayes: Case, Erickson, Frank, Miner, Olson, Witzke. Nays: None. President Weeks declared said resolution passed and adopted: Alderman Case introduced the following resolution which was read: Be it resolved by the Co.umon Council of the City of Rochester: That the sure of 0277.17 be and said sum is hereby appropriated from the . Permanent I.nprovement Revolving Fund of said: City and ordered paid. as fol- i I 1ows: To John Sc ho enro ck - - - - - - - - - - - - 0101.95 ,i To Delia F. Eastwood - - - - - - - - - - - $175s22 as refunds of assesanents paid for sever in Eighth :;Street Nort Yrrest, due to 1 j i repeal of said assessment on this datea i j The Mayor and City Clerk are hereby autYnrized and directed to ' draw warrants for the above su ms upon the City Treasurer in accordance here- ':, with, and cause said paynent to be made. Motion by Witzke second by Frank that said resolution be adopted l as read: Roll Call: Ayes: Case, Erickson, Frank, Miner, Olson, Witzke. Nays: None. President Weeks declared said resolution passed and adopted: Alderman Case introduced the following resolution w}ieh was read: t ' Be it resolved by the Common Council of the City of hester: .. Rochester: I That the resolution heretofore passed by the Common Council of the City of Rochester on the 6th day of Sel4tember, 1921, levying spec- ial assesqqents for the cost and expense of constructing a .sanitary sewer in Fourth Avenue Southeast from the center of Sixth Street Soutlr j east to a point 80 feet North of the North line of Seventh Street Southeast, and from the center of Seventh Street Southeast to the cent- er of Eighth Street Southeast, be and the same is hereby repealed: f Motion by Witzke second by Erickson that said resolution be ad.opt- ed as read: Roll Call: Ayes: Case, Erickson, Frank, Miner, Olson, Witzke. Nays: No -nee President, Weeks declared said resolution passed and adopted. AldeTtan. Case introduced the following resolution which was read: Be it resolved by the Common Council of the City of Rochester: That the sum of 0397s24 be and said sum is hereby appropriated from the Permanent ITnprovement Revolving Fund of said City and ordered paid as follows: To Helen M. Bl et hen - - - - - - - - - - - - - - - � 2 ��93. 1 To Mike Nangle T-------- - - - - -- c)3.12 To Fred WoBrown ---------- - - - - -- 46056 To Jens and Marie Rasmussen - - - - - - - - - - - 46.56 To..obertR. %:olt---------- - - - - -- 74.32 To ReubdnO.Beecher - - - - - - - - - - - - - - - 46.56 as refunds of assesanents paid for sanitary sewer in Fourth Avenue a Southeast, due to repeal of said assessments on this date: The Mayor and City Clerk are, hereby -authorized and directed to drag warrants for the above sums upon the City Treasurer in accordance herer,vdt.h, and cause said paynents to be made. Motion by Erickson second by Case that said resolution be adopted ;�C -4 . �:5 a H, _ r;_ tx-4r ��.'•�i�"�'9"� - ,�� 'r�`c���n Y �',a' �;�s.''� 3t c" �- i «z n P�: ,s t'; as read: Roll Call: Ayes. Case, Erickson, Frank, Miner, Olson,'Witzked, Nays: None. President Weeks declared'.s�iid- resolution "passed and adopted: Alderman 4Pittike. ntroduaed,�t,b� following resolution which was read: Be' it resolved.'by+'flit. 'Comrnon'-Council' of tba City of Rochester: T het the foll'owii'ig" stipulation and settlement of the case of the Township of Oronoco against tl •City`of Ro'cbaster"be and the. same is hereby approved, accept- ed, confirmed and adopted by•"said City of Rochester, to wit: State of Minnesota, 'District Court, County of Olmsted, 'ss. ` Third Judicial Districts The Township of Oronoco, `Plaintiff, -vs- City of Rochester, Defendant& The above entitled action being on for trial at June teen of Court, 1921, and being set for a hearing on September 6t h, 1921: The parties to -said action having compromised the same hereby enter into thri� stipulation of settlement of said action and consent and direct that judgnent may be entered accordingly: -That`ths'. defendant -.shall within a reasonable time build a bridge in place of 5, f•. o•€+ t' n��:,y?u���Ya t he .one evas:he°d�outon ;t he":West cro"ssing of Trout Brook in the North half (2) of t he Northeast quarter O` of Seatiron Four (4) in said Oronoco Township in said - '�= 34`z^ rh`t*.? ^i. au '^J' .: .yc-' .:•i',C p a 'kt.--.- . ... .. .-. x-, ,- n '..< `• -. .i,X Yrr-•—sae -� County as and for a . hig} ay Uradge. rof .sue h size, ' d ensions and strength as may be determined by J:`„ Ti Ellison acting."as State Engineer for the State Highway Comtiission, or his successor; whic h shall be a sufficient and proper bridge under all the circumstances for -said road, said bridge to be constructed of steel and concrete, all expenses for constructing, installing and completing said.bridge shall be paid by saidr defendant: The said defendant . s }all also pay the said plaintiff the sum of Seven Thousand ( ],060.00) ,Dollars as liquidated damages for and on account of the claim of. t he parties 'set fort h in t he complaint in t Its action. That the said.. defendant shall also build a suitable cartway in place of the cartway called t hie ' Kurt h.Road referred to in Paragrap h 49 commencing wit h line 1, Y_ - page 4, of said amended complaint, for Charles Kurth, in place of the said road flooded and save 'tbe said Towns hip ha mless by reason of t hn Flooding of said ' road and for zany claim. by said Charlos Kurth or his successors t The sand defendant shall have also vested in the, said plaintiff the title for road purposes of a strip 'of land to take the place of the road Flooded com- mencing at a point about six. hundred sixty (660') feet East of t le : Center corner of the Northeast quarter (') af''Section Four (4) in Township one hundred eight (108) North of Range=Fourteen (14) :West, in Olmsted County, Minnesota, at the j center of the present, roa es,!Ie; d' out and, -'travelled; thence running North nine- t..,- �x....' . s fl 1 ..�...., .. _. -.? t - . s•rk �.._ ..'Lei•`_'. �''3s��x,"t`�.t�� ����J..ci 'Sx�'�::� : b�.^n.�� �.�+m��� �;�..» .. •.r : x,� �_. . ,. , tr:. ... .... ... - :" s!�'#�^?.�.' �'; _�c-- _ :..s,� 4. ..... /`- _ p't"-.. - -w�� �.+ t: Y� \sN ^�'L y}� }L.a"� f •q��p +�' Y +c» tit+ f+ t R 148 . teen degrees (19°) East- two hundred forty. (240) feet; running thence North degrees (4°) East two Ynndred,ninety;four (2941. feet; running thence Tour .North Fifty (50) feet;. running thence North.twentyfiv.e degrees (25°) West '. seventy five (75) feet; running thence North seventy three degrees (73°) I� West three Yai.ndred eighty two (382) feet; „running_thene. North eighty seven x II d degrees (87°) West one hundred feet (100 ft); ruining thence South Sixty degrees . (66°) West five handre_d., (500) feet; and' running the_ nze West one isix hundred .(100) feet to the center of t he:. H abway at the East end of t be • ( Concrete Bridge across Trout Brook,:."'whit h.was,wasbed out and .wMc his to be ' �i � _ng the .center of said replaced as hereinbefore referred to said line bei _ IN roadway and the said roadway to be . four (4) nods .wide, and t be said plaint-- iff hereby agrees to and does accept^ t be 'said road as . above set out in - place of the road as flooded and also accepts the ones hundred fifty (150) foot Iron Bridge located on said route. i T hot all of her damages s hall be waived by, t he said plaintiff _l ! against the said defendant caused by the construction of said dem up to the height of the present concrete and as., it was at. t be cammeneem,ent of s. this. action: Also any future demages caused by., the. back water caused by - .i , :: " -. ..' .: `' ""'� �.i it ... �. - fin. t, s - y ';. `"zi ;;'.. .::.:. .y ' ;- ''•, �� t be raising of said dam up to the beight, of ,t be present concrete dam wit h- - ! .. _. . ,. _ �_ _ . , �r � _ „-ram rr: o .•.� k-�.. ,. "'';, .: � ems, x r ., - Fz out flash board on it: This settlement covers all damages as claimed in the complaint and up to date as between t he parties hereto: Judgnent shall be entered without costs or d.isburs%ents to either partye Dated Rochester, Minnesota; August 31st, 1921. t . �` z� - To.wns hap of Oronoco. S = _. _ _a0. maw', r-�i's - a•'i•i F ' r �,-:. "' h I C hs,s. I hrke':' ) '1. `r �n �. drea►�­Ba1�er �. YYu-:Rosebloom.• ) ,. `-Town,�Supervisors (I Janes T. Spillane, Fraser;&'Fraser ' Attorney for Plaintiff: Attorney for Defendant: Motion by Erickson second,-byFrank hat said resolution be adopt- .t ed as read: Roll Call: Ayes: Case, :`,Erickson,, Fick Miner, Olson, Witzke. ; Nays: None: PresidentWeeks�declarec�id resoution•passed and adopted. Y.z A.: - i Alderman Erilcksnn intr.oduc.ed the .following resolution which was IT II read: i Whereas, the Common Council:. of t he City, of Roc hester, , Minnesota, -at a meeting thereof. hela on,April -:26t. :1921,j after notice gimm. '.... ' and -.hearing h�d_,as: provided ;by�lw, d d' dul..,,,pass-and adopt a. resolu- - K i.,,,,.,,•a'ttd'� j�i� r�'�"'k� 'i#u•�}sr�. =� L i ". I '� ' "�..-��.'.�.Yk'4'' ' o"•ca`ta ai} , J ,,,✓✓i �� *� �r 2r"",�f.�.'��,a ,.t'���+n di 4 �{� 3,:5 .hf` .". " .. , ! ♦ �� P k �.J _-.' i.• f� N 21i J .fCi"'"Fxa,.3 ?'�!..� $ vl"+ rr 149 •'ng t bat locL. •: •. :.:..:. r..•.. .�•�.. ,; ref .` -t '.: , tion' orb iabl pu_blac ` improvements; the cost and expense of wbie h, in- c ludirig-tbD a don't`: ot.'indney'`ps d"or` sev riled as'-dfiages for all lands necessary for• ' L said 'improvement shall=-I3e -peidk'by �specia,l 'assessments, levied as provided bylaw, be made in "t bs City"as'-Ifoll-ows: Tbat a public street 'be laid: --out' e'nd opened over, through and across the fo1B lowing described. premises'":6tuate "in' t he City of Roc ]wester, Olmsted County, Minn- esota, to wit: t Commencing at t he. '3oaJi4ot corner' of Block `Four, in the Northern Addition to. the City of Roc tester in.. said. City for place of beginning, running thence West, i a straight line wit t be -Mort i iine of Eighth •Street Northwest in said City to a - point where -the North f i' ne of said Ei'g ht h Street Northwest if extended West, woulds intersect '- be West line of Sixth Avenue NortYwest in said City, if .extended North G in a straight line, .running - thence South along the' West line of said Sixth Avenue 'Nortbwest, if extended •North to said point, Sixty --;six feet running thence East in a straight.line, to':tbe``NortYarest corner of Block Tbree in said Northern Addition . �.Y ��. :to the} said : City 01' Roc b3ster:running~t hence North to t hie place of beginning. A Ol lr s `sai'`dCon` Ooune'il on April 26t b, 1921, by resolution duly b 1 y�G',4-�, sus: 3 n waxy+ �' e 1�. % } '7 ,� E �,+�+rn'•`zz �i(*k�+ii.?' s� psesedX�AhCddoptedV�did axvndeian certain lends for said improvements and did a 1�,^'�'•s�` Ypa R t �r•,*,. `z may.,,' 'a?.,•.-'. ',.'° - t _ point FC4�mii`ssoaers"troveR�idlands g"�'.' .. a nil award t be damages t hat s hnuld be occa- ix�• r g TsiY G k*.+1 v� _ e stoned by "tbe con detanat-ion3aad+x3:ing Hof {said Bands; and said Commissioners having _ ....t �i� ,�' Ci.� .�.t'• }}St%t i� ��=e'a"•�,t.'3� � r74E�-# �S�p�—•,?�-a.,:.. ! a '�. 3- _ > .... . _ _ T viewed the said lands hand Ypwing.made' n award of',the , damages ocaasi�oned by the x condAnnation and taking --of .the said lands by_ said City of Rochester t`or making sate r improvements, above described, did file their report of the assessment and award of P t e e c said 'damages in t be. office of t be City Clerk of said City, and said report and (� award of damages aforesaid were duly confirned by said Common Council by resolution � e adopted. and passed on�.I June _6tb, 1921e T berefore, Be it and it " is, . bereby resolved by , said Common Council: That the whale cost and expense. of making the said improvements, including t Y ameunt of damages awarded .for -the taking of the lands necessary therefor, shall be assessed against each piece and parcel of land and: against each lotbenefited by. - said improvements, to. wit:.: Lot one, Block Three, •of W Lenz Addition. to .tbe- City of Rochester, lot two, r;. ii in Block Two, of We Lenz Addition to the City ,of Rochester, and Lots Six, Seven, eight and nine, of Block One, in We Lenz Addition to the City of Rochester; all of t he above named lots being in t be ,.W.:_71enz Addition to t be City of Rochester, Olm- sted County, Minnesota, glso a.pieee ••of, land described as follows: The East eight ;i seven and t Iree , fourt hs ,(87.-W) ascres : of 'that part of t hE: Northwest Quarter (NW4) o Section 35,,,Townsld.p 1079, Range 14 Peat North.of the Mantorville Road less pieceE ! to Lenz So hultz Bennett Frank Zarwihski•, Clark Riess Brool�s, axed Langton in t'`. ! 1. 4 ;ice Jfir' "H'" .i ••s51 - {; `' .�,^ 'r si. Y t'!"'-�r��i �tr.dy'#? .,.o- �' S,t J � " - 'Ij �y' a •^ � .s-..•..xi:�,r- r,`.w�2+`.", z,..<;-t-.,;4+, r.`...' J•i?'�'�itL'.-�. A ,. - .. - .. .. r.e'^`-^�,`",eN".+.t.h..-... .. ..a s �...?- %?k•-,�� NEVA1190 Jw 3r 150 City of Roc,hester,* Olmsted .,CoqAtYq,:Minnesota wit bDut regard to cash valuation., ratably aud,.in pr.oportion....to the special benefits conferred by said. improvements upon each..said piece, lot and parcel of land: I Be it furtber resolved by said . Common .,.CQuncil: That ameeting of 'said Conm9n Council, will be held at 8 o'clock PX* on September 26tb, 1921 at the Council Chembers, in the City ill, of said City, at whichmeoting all persons interested in said improvements may appear and be beard'before said Common Council in relation to or concerning tYee ..said Improvements, or tbp-mode of assessments for the cost and q 7- nso t:bereo.;, or any, Dt ]VT matter `�- or objection relating to said Amp.rove Mqnts.;4upor wbic h they may desire to be board@ Be it furtber resolved: by; naiad Commo n That t he. City Clerk of paid =ty..,1,e and be hereby is ordered and directe d prepare lists: wbic h s ball contain a description of each and all of t be properties to be affected. by the assessments for t he cost and expense of Making t �' said improvements and .whit h listsq together�ritha notice of the timeand place of the meeting and bearing,, above mentioned be shall .cause to be publisbed once in the official paper of the City of Rochester at least ten days prior to the -date of t be said meeting Motion by Erickso second by Miner that said resolution be adrz--, opted as read: Roll Call: Ayes: Case, Erickson, 'Frank, Miner, Olson, Witzkei Nays: None@, President Weeks deel'a . red said d resolution pass"eki, and adopted@ Aldeiman Miner introduced % be following resolution whit h was read: SE IT RESOLVED by the Conp o n - - C ounc il, 6 f the City of -Rochester: -4 .!- That the sun- of 4644§43­`b4­_. c ''the said "is `hereby 'appro- priated from the Eydro'Electric ,Pieof �nt Fund said City and ordered paid to BaghL*,.*. Cooper & Coo' 101 'Park Avenue New,York, for expens- es re Rocbester-0mals Bridge' Company lawsuit. in Minneapolis Minnesotai-, T be Mayor and City 'Clerk -- are :,be.te.Ily'a-4tbprized and directed to draw a warrant for said sun J.uppnit's "City Treasurer iii, accordance herewit 1; and cause''said paymezitto be made@, Motion by Minersecondby Witzke,. -.t bat said'resolution be adopted as read: Roll Call: A�y Erfakqgn. Frank 'Minery; Olson, dec ared-sald*resolution passed and Witzkei Nays: Nonei'PresidenV'Veeks. " ' R K I adopteda* ase. Aldern-an C dut-eaY t be following resolution which was read: , Be it resolved ,by t be;t Common Council of the City of Rochester*: .0 T bat the att i fte­Vt`-,f or"t be City in re the Omaha Structural Steel Bridge Company case be and VbeY­are`°-.bireb y'directed- to, take an appeal or, obtain a writ 6:t'error in the 'Str'u­ctural'-Ste6l Bridge Company vs: the City. of Rochester, and tube Mayor dani '. City Clerk of said City are hereby authorized and directed -toobtai3i'sdr6ty"or sureties' and execute in be half of t be'City of Roc'h- ester any and all b.onds­n666ssary.or desirable` in sue h proceedings: ' Motion by Witzke second by Miner'tbat'said"resolution be -adopted as read: Roll Call: Ayes: 'Case-, 'Erickson,, PAink, Miner.'Olson, Witzkei K9,ys: None: President Weeks declared said resolution p*as"s wd -and adopted� Alderman Prank introduced ibe. following resolution which was read: BE it resolved by-ibe .'Common Council of the City of Rochester: Tbat tbs,sib $4,50000 Ve'and tbe said silm is hereby appropriated frqa the ordered paid 'to L&'o.­N4 Herrick as pa&ent for one Harhep or dyal #14 t &,w AX Terk' iW 6�,*7,At t eb y authorized and directed to draw a C I gg "1-7 3,4 g4C .r, oa��r it" 10-K 0 It y­f�,-Tr 6 akirbt, .'izi accordance herewith, and cause FK­. said a*,6jmt,.t6;,1;-)" p �X� Motion by ]A said. resolution be adopted as read: Toll Call: Ayes: Case, Erickson,-Prank,,­Mineri Olson, Witzke6 Nays: None© President Weeks declared said resolution passed and adopted: Alderman Witoke. introduced t be following resolution wbich,was read: Whereas, the City of Rochester has entered into contracts fo r/tbe construe- tion.of-local public improvements in said City, the cost and expense of which shall be paid by special assessments, levied as provided by law, said improve- ments consisting of, the constructionofsanitary sewers in the following named Streets and:Avenues: In. Fourth Avenue Sout beast from. t be center of Sixth Street Southeast to a point 80 - feet . Nort h of t be No . rth line of Seventh Street Southeast, and from-tbe center of Seventh S eet. Sout beast to t be center of Eight h Street Sout beast; In Eighth Street Nort bwest frqn'.tbe center of Broadway Street North to a point 100 feet East of the East line of Second Avenue NortIvesti Tborefore., Be it and it is hereby resolved by the Common Council of the City of Roe pester: t I That said Common Council will meet at 8 o'clock PiMi on September 26tb, 19219 at t be Council 0 lvmber's- in t be City. Hall of said City, and will t ben and t here levy special assessments for, t be., cost and expense of t be, above named im- �k -4ai 4 AV��w 4. i52 provements, according to the resolution heretofore adopted by said Common Council, detemining .the mode of, said as.sesstnents . for said improvementsi Be it further resolved by said Common Council; I That the City Clerk of . said City be and be is hereby directed to cause notice of the time.• and place -,of said meeting and the purpose and object thereof and cause .tbe some to..bq.published once in the official paper of said City, nort.. leas. t_han., ten. days prior to the date of said meetings.-:," Motion by -Miner. second by Frank., that =said. -resolution be adopted as read: Roll Call:. Ayes: Case, Erickson^" Frank,Miner, Olson, Witzkec Nays: None.,President Weeks declared.said_resolution.,passed and adopted: Alderman, Witzke introduced tha -following vesolution which was .read: BE,.IT;,RESOLVED By the Common Council ,of the City of Rochester: That the Common Council _of the City of `Rochester deer it expedient 71 and necessary that local public. Improvenents! '.t be cost and expense .of which shall be paid by special',assesyy,sments levied as the Common ,. ,. . `T. .�t... E -l:a• .9'�-.ALrYi�.:.�4"x.^S •�_ :7 ^t. _ Iv• Council of said City may decide-" b.e m•ade,._in: said -City as follows: That a sanitary sewer beconstructed in said City in the fol- lowing nemed streets and avenues: Commencing at a point in the center of Twelfth Street North- west 30 feet west of the center of Broadway Street North and runn- ing North 450 feet, thence .North 14 degrees 4 minutes East 308 feet to the left bank of t be Zumbro River, .and commencing at a point, in the center of Twelfth Street Northwest thirty. feet Westof the cent-. er line of Twelft h btreet.,Nort bvest to t ha center of Second Avenue Northwest, thence. South along` the oenter,� ling of Second Avenue North.- v' west to t he center of .El event h: Street -.Nora bvest, thence West along the center line of Eleventh Street,.`NorthRest t.or a point 129 feet µ '' `, West of the ceft-ter line of Fourth'A'venue' Nort iwest. thence ` Sout h 23 'degrees 4 minutes Wesi' 158'.,fe:et. '-to..:. center of 'Korth and South alley, thence South in center of North and' South'Alley to. center of Ninth Street NortI ves%_ tbence West along;,:-,abe +center line of Ninth Street Northwest to the center 'of .Fifth Avenue 'Nor,tiwest, in 'W. Lenz Addi- tion, thence South along t he center; "ne .= of `-Fifth Avenue Norit bwest to the center of Eighth StreetNortiwest� :t.bpnee ;West along, .t%be, ` center rime of Eighth Street Northw st�-to` thel� ,center line .of --Sixth Averfue Northwest tt benee 'Bout-h°along°,t'be °.center line of Sixt 4. Aven- ue Northwest to a point"twenty ,teat-Nort,hl'of the `NortI, line ofEF 9 IN11- �_N� ;N7 0 ITWAN K. Blocks Six and.Eleven, Elliott's Re-Subdivisionro Comite'noing at a point in -,-Sixth Avenue Nort1we'st where the center line of Sixth Street Nort 1weAwould int6rie'et, if extended West, and running East along said centei"line of 'Sixt h" Str6 bt Northwest to the center of Fourth Avenue North- west, thence sou-th'a,i-b"n"-g'tbe".'cente.r. line of Fourth Avenue Northwest to the centei of Fif t h Street Nort 1west, t:bence East along' tbe.,denter line of Fifth Street Northwest to the center of Second Avenu'"e Northwest, thence South along the cente T of Second Avenue NortIi'e'st-­to".tbs' center of Third Street NortIvrests Commencing at a,point on the .,center line of Sixth Avenue Nortbrestj, twenty feet Nort h of t he Nort h line of Blocks Six and Eleven,, Elliott's Re -,Subdivision. - and running, West 40802 feet, tbence South 54 degrees 6 minutes West 139&1 feet, t hence West 231 feet to center of . Eigit h Avenue Nort livest and Fifth Street Mort IwestI thence West along the center line.of Fifth Strbet Northwest to center of Ninth Avenue Nort bffest., t benc e Sout h along t be center line of Ninth Avenue Nort Ivest.to the center line of Fourth Street Northwest," tbente West along the center .line of F0'urt'h'SAie'et Northwest to: a point 8 feet West of the East line O:r Eleventh Avenue.i6u t bene e South on a line 8 feet West of the East tl �­41'2@ 'feet thence South 23 degrees 21 min - Wine of, TtdvbRVYTAV*zi or. 3 -A-po S',IL.nQ3Jwcenter`'f S6-'ond Street Northwest, 5 feet e, w4i 22 n. o C ut a X; Wes e of VITIve: venue�- -- stthence West along the center �` 'P line of Second Street Nort Yswest to the" "A 6 ri oii" Twelft'h Avenue Nort bwest, t benc South along the center line of Twelf t h Avenue Northwest to the center of First Street Northwesti Tberefore, Be it,furtber resolved by said Common Council: That a public bearing of all persons interested in said :Improvement will be held at 8 o'clock P.-MQ on September 26tb, 1921, at the Council Cbqnbers in the City YAll in said City,, at which time and place all persons interested in said improvement may appear and be beard before said .Common Council in relation to said imptovement.i,.. .Be it furt her � resolved: That the City -Clerk is hereby directed to cause to be published in the official ,paper of said City, 4 notice to all persons of the time, place and object of the said meeting and. -bearing@. t Motion by Erickqon. second by Case t bat said resolution be adopted as read: Roll Call: Ayes:iCase, Erickson,:Frank,,Miner, Olson, Witzkeiei, Nays: Nonei,President Weeks declared said resQlutIo4,passed .and..adopted6 The following.report of costs was read, and motion by Witzke second by Case carried that the sere be accepted and placed on file: September 139 1921i 0 '4*4 11 54 I Fj Honorable Mayor and.. Common Council: Gentleqien: I berevvithre report cost of D curbing.. nd paving -of Fif t h Street Southwest from t helwest line of Second .Avenue Southwest to the east line of Seventh Avenue Southwest: Payable to contractor for curbing $21o&56 Surveying t 3305 3/10, of 1� attorney, fees for rev1,ewi4g-,,and...appy.oving bond issue 6.42 5 mo. 13 days' interest.@ 6%­ 58-14 .$2204i17 Payable to contractor f 9,r., paving $31250,iP-2 Inspection 18461i *0 of 1% attorney. f ees:.r�gviwin eg, and approving 13 PA4 K issue *. 94430 5 Moi 13 days' interest @ 6% 854.01, Total cost 032383014 NOTE: 14N6 ft. of Curb constructed between Sixth and Seventh Avenuesio Respectfully s:q� itted, Qj Hp- Ampqong�;. City, ]Enginei Alderman diner introduced a resolution ' levying special assess-, nents for the cost 'and expense of curbing Fifth ,Street Southwest from the west* line of Second Avenue Southwest to the east line of Seventh Avenue Southwest which was readio Motion by Case second by Frank .that said resolution be adopted as read: Roll Call: Ayes: Case,',Erickson Frank,,.Miner, Olson Witzkee Nays: None i President Wdeks de'c,l'.ared;,,said,res6lutidn passed.and adopted. AldeMaai Olson -introduced a� . resolution ,:1 evying special assess - wkents for t he cost and expense.of paving . Fifth Street: Sout bwe s t from the west line of"Second."'-.Avenue Soutbwest.to-tbwie -line 'of Seventh Avenud Sout Ivest, wMe h was 'reads. Motion by Frank second,by."' Miner f la I t?s%id resolution be adopted as read: Roll Call- Ayes: Case;", -Er cks.on;' Rjoafik Miner, Olson'. .'Witzkei Nays: None: President Weeks. declyated-. .` said -,.,resolution" -passed and adopted. The following. 'report of a 0 B ts. mas read;: and motion'by -Case. second by Olson-carried,tl-at s a me tbe=ace@pted, and placedon file: �Septqmber='130f'`.-192lw Honorable Mayor and, Conimon Councili Gentlegen:- _4 'A y ROOM' I- N 155. I herewith report. -.cost ;of curbing and paving of Fifth.Street Southwest from the east line .of Seventh Avehu'e,.Soutbffest to the east, line of Eight hAvepue Southwest: -Cost of curbing $652.95 Cost. of Rock. excavation-- 4o.,95 Cost of Surveying.,. 7ii45 3110 of 1% attorney fees,,r6viewing and approving bond .issue 2.10 5 moo .13 days' interest 19.i08 Total Cost $ 722.53 Cost of Pavement $5757-50 Cost of Rock excavation.. 165.26 !Cost of inspection :34635 3115 of reviewing approving bond iasue 4 attorney fees re g and app V 17-87 1:5 moo 13 days' interest @ 6% 161.86 Total Cost �,'�6136-84 Respectfully submitted, Ci Ho Armstrong, City Engineeri ..Alderman Frank ...intr .:introduced a resolution levying special assessments for the cost and expense of ourb.ing.,*Pifth Street, Southwest from the east line of Seventh Ave- nue SoVt hNe'st, to --t be-.- east,�Iline,-'.of Eighth Avenue Sout bwe st., w IA c h was read. Oby I ­tzke,t1st said -resolution be adopted as read: ZM INKZ", lRoll Call t Oi i,_p,Mihe'r, j,.,, Olson, Nays,; Nonei President iv 7, P - ?Weeks declaredsaid special assessments for Alderman-Erid­k66 t 6d Q e 4.h; r a s"o PI itt h3 cost and expense of paving, lif th Street "Southwest. from the east Line of;. Seventh JAvenue Southwest to t 'lei eastjine of Eighth Avenue Southwest, which was read* Motion by Witzke second by Miner that said,. resolution be adopted as read: jlRoll Call: Ayes: Case, Epickson, Frank, Miner, Olson, Witzkee Nays: None* President jiffeeks declared said resolution passed and adopted. The following report of costs was read, and motion by Miner second by Erick- lison carried that the some be accepted and placed onfile:.. "September 13, 1921. 1:Honorable Mayor and Common Council: 1! Gentlemen: - t I herewith. report cost of curbing and paving of Fifth Avenue Southwest fr t he north line of Fifth Street Southwest to the north line of Sixth Street Southwest: i Cost of curbing, $638-40 ',ISurveying 8*75 11 3/10 of'l� attorney fees.reviewing & approving bond issue 104 115 moo 13 days' interest .@ 6%'. i60 Total cost $666.69 15, OF..a+fix..cn s..•°`c,"z:.x'sc.a' `'P•.ritY�3"++"` �'`''.t2'. .. " I - Cost of paving:$6254.58 Inspection 2022 3/10 of 1� attorney fees reviewing and approving: bond issue 18..82 j 5 moi, 13 days' interest @ 6� 170.47 Total cost $6464.09 Respectfully submitted, C e & Arn strong City Engineer:" Alderman ,Witzk,e introduc.ed;.a,lresolution levying. special assess- m ents for the cost. and _expense. of. curbing Fifth Avenue Sout Ywest from the north line of Sixth Street Sout }west .to • t be. ' north line of Fifth Street Sout Ywest, whit h was ready Motion by Erickson second by Case that said resolution be adopt- ed as read: Roll Call: Ayes: Case, Erickson, Frank, Miner, Olson, Witzkee Nays: Nonei President Weeks declared said resolution passed and adopted. Alderman Erickson introdueed.a:resolution levying special. assess- . � , I m ents for the . cost and expense Tod' .pwav ng Fif: h-Avenue Sout west from the i Worth line of Sixth Street .Bouti ea_ttto th6r .north line.:of ;F4h Street Sout hwest, .whic ji was reads : Motion by Olson second by-M ner'that said resolution be adopted as read: Roll Call: Ayes: Case, Erickson,,Frank,•Miners Olson, Witzke A Nays: None. PresidentWeeks declared said resolution passed and adopted: g .. �Y The foblowing report of costs was read, and motion by Case second by Frank carried that the some be: accepted .and placed on file: "SepteAber 13, 1921 Ibnorable Mayor and a Common Counc it Gentl en: - � . V� y r , ... ,I berewith report cost of curbing Nand paving of Sixth Avenue Southwest from the north line of Fift'�h Street/ Sout Ivest. to the. nort h line - of Sixth Street Southwest: Cost of curbing,,$594 00 Surveying 14885 10: of 1 attorne fees reviewin end>;g rovin bond issue 1.8 3/ % y ,:.and-, pp:....-. g 3 5 moi 13 days t @ 6� 16 628 :15 Cost of Paving 1$6218496 Inspection, .48.87 3/10. of 1% attorney fees reviewing' and approving."bond . issue 18480 .�.. 5 mo& 13 days' interest..® 6%o x 170.28 $6456.91 Respectfully. submitted t C. H� ,Armstron - CityEngineer" ;T r."'yc - x-_f.� ., �, S.'-.x"f'.' Y*v"Ac 4,.�i-"is��r,��`�i,�S T�yMo�^• '�,,+w Si��h. i+.,-. �..� :'I' j: . ;d..w�` .. - i'� Y• a .w .*. w c .r• w7 �: - ' x f� : r r.-k� ' ^E.�.`",'s"y0,pf�' '4i�"'-a a'E•`: 4` > N . ?= N' �B `%•�`� '°9tit. � r :3 ♦ �` +4 Ff�' 4�.T' �••' rA�� 3 Z: `z fi ` s sYt .h�``�ty�y��° � s� ���M03 r�� ` G€� :.y '3=#• Alderman Miner . introduced'•: a resolution. levying special assessments for the ieost and expense of curbing Sixth Avenue Soutiwest from the north line of Sixth Street Southwest to t Im north line of'. Fif' Sheet South rest, whic h was read• Motion by Etiekson `s'ecor d `by `Miner that said resolution be adopted as read: I ;Roll Call: 'Ayes: Case, Erickson, Frank, Miner, Olson, Witzkes Nays: Norte: President Meeks declared said resolution passed and adopted: i. itAlderman Olson .introduced a resolution levying special assessments for the cost and expense of paving Sixth Avenue Southwest frgn ' the north line of Sixth Street Soutlwest to the north lt:ie ` of `Fiftli"S'ieet Sou wwest, which was read° '1 Motion by Witzke second by Miner that said resolution be adopted as read: (Roll Call: Ayes: Case, Erickson' Frank' Miner, Olson, Witzke: Nays: None: President Weeks declared said. -resolution passed and adopted. .The following report of costs was read, and motion by Olson second by Erick- son carried that the 9%ne be accepted and placed on file: Honorable -"Mayor and ! s a ,-•rC �II1I11 OII ., N Yr � f.. t ' '�t .. t �� y�1a�?yf:✓ ounc'il rqm t m sduthfj tg- line avi , r pus �,qu_ oui rs1 • ! w "September 139 1921: i KK .T curbing and paving of Seventh Avenue Sout 1west $out,}}Zwest to the' --,north line of Sixth Street Sout 11C os t of curbing $1026.66 ost of rock excavation 5540 urveying 34.E 5 /10 of 1% attorney fees' .reviewing and approving bond issue 3.35 mo and ,13 days' at 6%,.interest � 0.36 Total cost `11150.52 l�Cost of paving Xost of rock excavation Inspection ; 3110 of 1% attorney fees'reviewing and approving bond issue f�5 moo 13 days' interest.® 6% _ II Total Cost t Respectfully submitted.. t t C. Ho Armstrong, City Engineer:" $11445.98 126.00 53,639 34088 t 315» 85 _ $11976.10 Alderman Frank introduced a 'resolution levying special assessments for the cost and expense of curbing `Seventh Avenue Soutiwest from the north line of Sixth Street Sout 1west, to the south line of Fourth Street Southwest, which was read: Motion by Case second by Witzke t hat said resolution be adopted as read: Rol Call: Ayes: Case, Erickson, Frank, Miner, Olson, Witzke: Nays: Nonei President Weeks declared` saidresblution'-passed` and adbptede ` Alderman Erickson -introduced a resolution levying special assesen ents for t he cost and expense of psvin� Sevent h Avenue So' t }west frgn the nort h line; of Sixth . ;}, y, Y _ *� be - - r ,p:•h t >• `',_ {j� _ _ 1 t , .zer2 `? - ... t '._�'','? ;..a +• , &7'!..a t..�,n l:, ':':'o-�'wg.?e;b ...P ''...>?' :t3�,:'�-,...1.+.,:. -'•- :?r,'tk�.. ..n.'_.r . _.i _• ;'� .>.p ;=c-u 3`;^.4 �`'� r.�3�. -� a�,'�� '"�-``'-�-r"v�x a •�•d..�x ,� .,��:». :. c _`..`"'".158 I Street Soutbuest. to the south line of Fourth Street Sout1west, which was read. r= - i Motion by.Witzke second by Erickson that• said resolution be adopted as read: Roll Call: Ayes:..Case Erickson, 'Frank, Miner, Olson, Witzke, Nays; None. President Weeks declared said'resolution passed and adopted-& The following report, of costs was read, : and motion by Witzke second by Erickson carried that the same be',accepted and placed on file: p •q q , :: 3 -.° 9 Honorable Mayor and _ Common Councili Gentlemen: - I herewith report cost of curbing and paving of Third Street. Sout hwest from t he west line 'of Sixt h Avenue Sout 1west to the east line - of Seventh Avenue Southwest: Payable to contraettor for curbing, Surveying,. 3110 of 1% attorney fees reviewing and approying'bond issue 5 moo 13 days' interest @ 6% Cost,, of [ curbing Payable to contractor for paving Inspection 3110 of 1% attorney feels. 5 moo 13 days' interest @ 6% (` Cost of Paving Respectfully submitted, $523.22 20.85 1.33 12.10 $55-750 $5248.71 35.85 1585 143:57 $5443.98 ` C. H. Armstrong,:: City'Engineer.a ` Alderman Frank introduced a resolution .levying special assess- . n ents for the cost and expense of curbing -'T1A-rW Street 'Southwest from t he West line of Sixth'Avenue Soutbwest to ahe :esst� line of. Seventh Avenue ir SQut.bw"t, which was ' reach . Motion by ' Erickson second..by. Csse-;vhat;• said resolution be. adopt - led as read: Roll Call':t Ayes: 'Case,•%•.Erickson;s� Frank, Miner, Olson, Witzke. ays: None. President .Weeks;;deo.lared-� said resolution passed and adopted. Alderman Witzke•introdRged-j.a-resolution levying special assess - �ents :for the cost and expense .of: paving, TMrd. Street Southyest from the . �avest line of Sixth Avenue Sout hue 8t-•..to. the,, e, t. line. of Seventh Avenue t- - _ :� . Pout hwest, which was -read: Motion. by-,Witzke. second, by Miner t that ..said resolution be adopted' as read: Roll Call: Ayes,: Case Erickson,.Frank. Miner, Olson, Witzke. ays:,None. President -Weeks declared'said'resolution passed and adopted. The following. report of costs was Mead, and motion by Olson y 5 cFy - 0i^-"2�.�9�.*,at, z. &?` i'.LYHt�'.Y� •ri['x;t fW„h'y+'Rii'a�" ... 159 second by Miner carried --t hqt't IB-, same be accepted and placed on,file: "September 13, 1921st Honorable Mayor ,and Common Council: - �.Gentlemen:• - V berewith report cost of curbing and paving of Third Street Southwest from the west line of Sev'enthAvenu6 Southkest to t%6 east line of Eighth Avenue 11 S out 1wes t: I Payable to edntractor for curbing, 0492i5g ijSurveying 20i85 ,13/10 of 1% attorney feereviewing s- andapprovingbond issue 1.5 . 4 1: 5 mo. 0 days,' interest 64 13i.96 Total cost $528.94 1i Payable -to contractor for paving A3416. 91 i!Insp6etion 35.85 .3110 of 1% attorney, f ees,: r.e . Yiewing and approving bond issue 10*36 15 mo. 13 days interest @ 6% 93-81 • Total cost 0556.93 Respectfully submitted, C. H. Armstrong, 4. City Engineer*" Alderman special assessments for t be 5n *kb k_1 V cost and expense -of curb ing'.-I bird�.:S-tr-pk-t.,Soutbwest•-,f r_'6d_the west line -of Seventh Avenue Southwest to t be Past --'.line of', Eig It h Avenue S6uthffest., wIAch was .reads Motion by Witzke . second by Frank that said resolution be adopted as read: !,,!Roll Call: Ayes: Case, Erickson, prank, Miner, Olson., Witzkei Nays: Noneii . President :,Weeks declared said resolutionpassedand adopted. ,Aldertnan Erickson introduced a resolution levying special assessments for the cost and expense of paving Tbird Street Southwest from the west line of Seventh Avenue Sout1west to t be east line 'of Eighth Avenue Soutbwest,, wl-Ach was readi Motion by Wittke second by Erickson that said resolution be adopted as read: ,!Roll Call: Ayes: Case, Erickson, Prank, Miner, Olson, Witzkei; Nays: Noned President ';Weeks declared said,resolu.tion pao.(36dAnid.adoptede Tir following cla*ims were read, and motion by Frank second by Erickson car- ried tInt the same be allowed andthat orders be drawn for the several e-Mountst From the General Fund: Office Furniture and Equipment'Co. , $198i00;, Office iFurniture and Equipment Co., $63-i75'; Jam*es"T. Spillane, �120-80; Arnold and Burton, 1$3-00; Keuffel and Esser Co. 019193; Star Laundry, *i20; C. He ArInstrong, $35i75; H. Si Adams, $6:50; Western Union Telegraph Company, $80-31; Rocbester Electric Co., 14.30; C. P. Massey CO99.,$li25; Oe G. Hanson and Son, 00-57; The Fritz -Cross Co., 016115 Jones and Kroeger Co., $5125; J. M. Hanson & Co., $4400; Sullivan and Harwick, 0125; Case Auto Battery Station, $4605;,.Aimerican Railway Express Co., $.145; Elliott Con- _4 'V, 160 tracting Co., 09.00; Public Utility Fund, $320 40; Foster Electric Co., Ui-35 , Frqn the Bridge Fund: Foster Electric Electric Co., $2.7 0; E. A. Knowlton Co., $ 38; Priebe and Fratzke, $5:00;'Hayes-Lucas and Green, $3. 556 - From the Fire Protection Fund: ".Foster Electric Co., $98.25; Sullivan and Barwick, $3.00; J. M. Hanson & Co., $$2.50; Rochester Elect- ric Co., $`7.50; Star Laundry, $13.55; Louis E. Nietz, y1.50; Service Motor Co., 07.00; Winona Oil Co., $23030; Liddle and Bergan, $$6.62. From the Sewer Fund: Hayes -Lucas and Green, $0-7.55. From the Street -and Alley Fund: Ilayes-Lucas and Green, $35.15;, •Sawinski Auto Repair, $15.30; Priebe and Fratzke, $$24.45; J. M. I-Rnson & Co. , 06. 05; T. J. Dansingb•urg, Co. , $83.46; Kos Bros., $$6.50; Hayes - Lucas and Green, v$39.00; Dodge Lgnber and Fuel Co., $$5.91. Flom the Lighting Fund: Public Utility Funds*2020.2 6. Motion by Witzke second by Frank carried tlut the City Attorney be instructed to draft a resolution to the effect that this Common Coun- oil d.eepsit of public aielffare and necessity that the course of Cascade Creek be c fangedwhere it crosses Seventh Street Northwest. Motion by Miner second by Frank carried that the previous order of this Common Council instructing the Chief of the Fire Department to tear down the s lied on the rear of the Central Fire Station be amended to t he effect that this shed .be torn down within 10 days from this date. The City Engineer submitted plans, profiles, specifications end estimate of cost for the proposed surface' drainage sewers in Third Street Southeast, Eighth Avenue Southeast, Seventh Street Southvest, First Street Northeast, First Avenue Northeast and Sixth Street Nor-t lr nest, and .motion by Olson second by Miner carried tlat the same be re- ferred to the Sewer CcMn. ittee for consideration. Motion by Miner second by Frank carried that the City Clerk and. City Engineer be authorized to employ an extra ' stenograp her, at a reasonable salary- , for -the period of six weeks or two months from t 1ds date. On motion by Erickson second by Olson Council adjourned to September 26t h., 1921, at 8 o'clock, P.Mo City Clerks