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08-20-1924
6 626 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, in the Council Chambers, in the City Vall, , in said City, on August 20th, 1924, at. 8 o' clock P .M. Ifeeting called to order by President Weeks, Roll Call: Present: Weeks, Cook, Lemmon, Newhouse Roeder, Fright, Absento Kitzman.. Motion by Roeder second by Wright carried that the minutes of the meetings held on August 4th, 19249 and August 12th, 19249 be each approv- edo President Weeks announced that this was the time and place fix- ed for a hearing on the proposed paving of and the construction of concrete curb and gutter on Ninth Avenue Southwest from the North line of Seventh j Street Southwest to the North line of Eighth Street Southwest and asked. if there was any one present who wished to be heard on any matter concerning the said paving or curb and gutter. i There was no person present who wished to be heard concerning the said paving, curb and gutter. Ptesident Weeks announced that this was the time and place fix- ed for a hearing on the proposed construction of:a sanitary sewer commencing at a point in Seventh Street Southwest seven and one-half (']) feet West and ` fifty-seven (57) feet North of the Northwest corner of Lot No. 106 in Belmont Addition and running South forty-eight (48) feet to a point seven and one- half (7�) feet West, and nine (9) feet North of the said Northwest corner of Lot 106, thence East along a line nine (9) feet North of the South tine of Seventh Street Southwest to a point two hundred (200) feet East of the East 1 line of Belmont Addition,and asked if there was any person present who wish- ed to be heard on any matter concerning the saidproposed sanitary sewer.. There was no person present who wished to be heard. Alderman Kitzman came in at this time and took his Chair. This being the time and place fixed for the opening of bids for i the construction of the above`descrYbed sanitary sewer the bid of William C. Fraser and Son was opened" and read; said bid being - vitrified'pipe sewer $1.30 per foot, 6" and 8"' "Y" connections $1 00 each, manholes $50.00 each. Motion by Lemmon second by Omok carried that the said bid be referred to the City Engineer for comparison with his estimate and recom- mendations in the matter. { This being the time and place fixed for the opening of bids for the doing of the above described paving and concrete curb and gutter, the i j following bids were opened and read: NORTHERN CONSTRUCTION COMPANY: Completed one course concrete pavement per sq. yard $2.55, curb 62 cents, loose rock excavation $2.75, per cubic yard, solid rock excavation $5.00 per cubic yard. 627 i► UTTON CONSTRUCrTON COMPANY, TNC.: Completed 7" concrete pavement per sq. yard $2.43, 3" vitrified fibre brick pavement 26% test per sq. yard $3,59, integral curb 48 cents, per lineal foot, combined curb and gutter 89 cents per lineal foot. Motion by Newhouse second by Wright carried that the said bids for the paving and curbing of Ninth Avenue Southwest be referred to the City Engineer for tab- ulation and comparison with his estimate and for recommendations in the matter. r A remonstrance against the paving of the alley running North and South across Block 5 in William McCullough's Addition signed by Mrs, �:Ikary Kinsella, F. A. Beadnell and Mrs. J. W. Bryan, was read, and motion by Newhouse second by Wright carried that the said remonstrance be referred to the Street and Alley Committe* 9 and the City Engineer. This being the time and place fixed for the opening of proposals for being designated as additional City depositories, the following proposals were opened and i read: " Rochester, Minnesota, August 18th, 19249 Honorable Mayor and Common Council, City of Rochester, 'Minnesota, ii t Gentlemen: Pursuant to notice and call for proposals to be designated as one of the City depositories for money and funds belonging to the City of Rochester, Minnesota, a we hereby submit the following bid and proposal: J' f We hereby offer" to accept such an appointment and designation and in con- sideration thereof agree to comply with all the Laws of the State of Minnesota and of the United States and to all of the provisions of the Charter of the City of Rochester. Tinnesota, which are or may be .relative to such City depository, and also agree to pay to the City of Rochester, iinnesota, payable at the end of each month a rate of % per annum interest on the average daily deposits in the open account; computation to be made from exact amount of each daily balance. Second: We will pay a rate of 3N per annum interest on such funds as are � de:oosited. in savings accounts, payable on July 1st and January 1st, figured from the date of such deposit, with the provision that any funds that have been on deposit in sa,vins account more than six months the above interest .rate shall apply to and until the date of withdrawal, and further provided that any funds which have not been on savings account deposit for a six months' period at the time of with- drawal, or withdrawn prior jo January 1st, or July lst following deposit, shall draw interest at a rate of -� per annum for the period from the date of deposit to . the date of withdrawals This bid is made on condition that we will not accept deposits in excess of $36,250. and will furnish a surety bond for the amount of $72,500, This proposal being based on conditions provided in Section 50 of the Charter, of said City which � is relative to Depository Bonds. ! Respectfully submitted, OLMSTED COUNTY BANK AND TRUST COMPANY, C. F. Dabelstein Pres. . a Note: Our assessed capital stock for the year of 1924 is 075,0006 " E 628 I Is Rochester, Minnesota, August 20th, 1924. -Honorable ?.layor. and Common Council, City of Rochester, Minnesota. T Gentlemen: Pursuant to notice and call for proposal to be designated as -one of the City depositories for money and funds belonging to the*City of Rochester_, rinnesota, we hereby submit the following bid and proposal : We hereby offer to accept such an appointment• and designation and in consideration, thereof agree to comply with all the Laws of the State of Minnesota and of the United States and to all the provisions of the Chart- er of the City of Rochester,' Minnesota, payable at the end -of each month st a rate of ONE per ce#t per annum interest on the average daily balance in the open account; computation to be made from exact amount of each daily balance, Second. We will pay at the rate of FOUR per cent per annum interest on such funds as are deposited in savings account, payable on Janu- ary and July Ist, figured from the (late of such deposit, with the provision that cny funds that have been on .deposit in savings account more than six months the above interest rate shall apply to and. ..continue until date of withdrawal, and further provided that any funds which have not been on sav- ings account deposit for a six months' period at the time of withdrawal, or withdrawn prior to January 1st, or July let, following deposit, shall draw interest at a rate ,of 0ne percent per annu3A for the period from the date of deposit to the Rate of withdrawal. This proposal being based on conditions provided in Section SO of the Charter of said City which is relative to Depository Bonds. Respectfully submitted, Rochester Loan & Trust Company, By R . W. Chadwick R,,C Trust Officer. Our assessed capital stock for the year 1923 was $100,000.00. M n Isn M Is it it 1924 is $1009000.00. Is FTRST STATE BANK & TRUST C0MPANY. Rochester, Minn* August 2pth 1924 Honorable Mayor and Common Coixncil, City of Rochester, Minnesota. Gentlemen: Pursuant to notice and call for proposals to be designated as one of the City depositories for money and fun(:is belonging to the City of Rochester, Minnesota, we hereby submit the following;bid and proposals We hereby offer to accept such an appointment and designation and in,eonsideration thereof agree to comply with all of the laws of the State of Minnesota, and of the United States and to all of the provisions of the Charter of the City of Rochester, Minnesota, which are or may be relative to such City depository, and also agree to pay to the City of Rochester, Minnesota, payable at the end of each month, a rate of one percent (1 b) per annum interest on the average daily deposits in the open account; computation to be made from exact amount of each daily balance. Second. We will pay a rate of four percent (4%) per annum--in- terest on such funds , as are deposited in savings accounts, payable on July 1st and January 1st, figured_ from the date of such deposit, with the provi- sion that shy funds that have been on deposit in savings account more than six months the above interest rate shall apply to and until the date of with- drawal, and further provided that W funds which have not been on savings account deposit for a six months'period at the time of withdrawal, or with- drawn prior to January 1st or July 1st following deposit, shall draw interest at the rate of one percent (1%) per annum for the period from the date of deposit to the date of withdrawal. This proposal being basedcon conditions provided in Section 50 of the -Charter of the said City which is relative to Depository Bonds. Respectfully submitted, R. L. LaPlant, Cashier. Note: Our assessed Capital Stock for the year of 1923 was $75,000,00.. Our assessed Capital Stock for ,the year of 1924 is $759000.00„ " Alderman Lemmon introduced the following resolution which was read: " INHEREAS, The Olmsted County Bank and Trust Company of the City of Rochester, Minnesota, in the following communication have asked to be relieved from a part of the designation of the said Olmsted County Bank & Trust Company as a. City Depository for City money, made by this Common Council in a resolution accepting the said Olmsted County Sank & Trust Company's proposal of April 28th, 1924, the said resolu- tion was passed and adopted ion July 7th, 1924, and was duly approved by the Mayor of said City on July 8th, 1924;the said communication being: " OLMSTED COUNTY STATE BANK, Capital & Surplus $93,750,00, Rochester, Iinnesota, August 4th, 1924. Honorable Mayor and Common Council, City of Rochester, Rochester, Minnesota. t Gentlemen: We have deposited wl.th your clerk Surety Bonds for the amount of n2,500.004 You will therefore, adjust your deposit with our bank accordingly. However, this shall not set aside or invalidate our bond, as City Depository, which (,�,as MAde and executed under date of April 30th,1923, or any proceedings preliminary to it until the adjustment -in deposits have been made. Yours truly, Olmsted County Bank and Trust Company, - - C. F. Deabelste3ri, CID/L President. " 80, THEREFORE, Be it and it is hereby resolved by the Common Council of the Cite of Rochester, Minnesota: THat the said resolution passed and adopted July 7th, 19249 designating the Olmsted County Bank and Trust Company of Rochester, Vinnesota, as a depository for City money be and the said resolution is hereby repealed, which said repeal is with no prejudice to the Bond of the said Olmsted County Bank and Trust Company, formerly Olmsted County State Bank, which was made and executed by them under date of April, 30th, 19239 or any proceedings preliminary to it. " Upon motion by Lemmon second by Newhouse that the said resolution be adopt- ed as read, and all voting in favor thereof, President Weeks declared the said reso- lution duly passed and adopted. Alderman Lemmon introduced a resolution designating the Olmsted County Bank and Trust Company as a depository for City money during the ensuing official year in accordance with the above proposal and fixing the amount of the surety bond to be given nt double the sum of $369250.00, which was read. Upon motion by Newhouse second by Roeder that the said resolution be adopt- ed as read, and all voting in favor thereof, President Weeks declared the said resolu- tion duly passed and adopted. Alderman Lemmon introduced a resolution designating the First State Bank and Trust Company as a depository for City money during the ensuing official year 61 630 I In aroordance %-J.th the arove proposal and fixing the amount of the bond to be given at double the sum of $609000.00, which was read. Upon motion by Roeder second by Newhouse that the said resolu- tion be adopted as. read, and all voting in favor thereof, President Weeks declared the said'resolutibn duly passed and adopted, Alderman Lemmon introduced a,resolution designating the Roches- ter Loan' anal Trust Company as a depository for City money during; the ensuing offici&l year in SIDeordance with the above proposal and fixing the amount of the bond to be given at double the sum of $60,000,00, which was read. Upon motion by Wri;rht second by Roeder that the said resolution be adopted as read, and all voting in favor thereof, President Meeks declar- ed the said resolution duly passed.and adopted. The following reparts of the City Engineer on the above propos- %ls were each separately read, and motion by Lemmon second by Wri,ht carried that the same be accepted and placed on file: " 8-20-1924 Hon. Mayor and Gommon Council. Gentlemen: I beg to report that the bid of W. C. Fraser & Son for the construction of Sanitary Sewer in Seventh Street South- west, should be accepted. Respectfully yours, C . TT. Armstrong, City Engineer. " . 8- 20-1924 Hon. Mayor and Common Council. Gentlemen: I beg to report that the bid of Utton. Construction Company, Inc., for paving and curbing of Ninth Avenue Southwest, should be accepted. r Respectfully yours, Q. H. Ar sib. trona. City.Engineer. Alderman Cook introduced a resolution determino., g to adhere to all former resolutions in the proceedings for the paving of Ninth Avenue Southwest from the North line of -Seventh Street Southwest to the North line of Eighth Street Southwest to a width of twenty-four (24) feet and that a concrete curb and gutter be constructed on the East and West sides of said paving except that in case the street is paved with concrete then shall an integral curb be constructed along each side of the. street or avenue so pav- ed, which was read. Upon motion by Newhouse second by Cook that the said resolution be adopted as read, and all voting in favor thereof, President Weeks declar- ed the said resolution duly passed and adopted. 631 Alderman .Roeder introduced a resolution determining to adhere to all former resolutions in the proceeding fQr the -construction d.f the above described sanitary sewer, Prhich was read.. r Upon motion by Cook second bjr Kitzman that the said resolution be adopted as read, and all voting in favor thereof, President Weeks declared the said resolu- tion duly passed and adopted. The report of the Milk Inspector for the week ending August 16th, 1924, eras read, and President Weeks ordered that the same be placed on file. The 14alance sheet, income statements, etc., of the Public Utility Dspta as at July 318t, 19240 prepared by the ,Seeret47y of the Public Utility Board ,were laid. before the Common Council, and motion by Lemmon.s.econd by Newhouse carried that the same be accepted and placed or; file; the said income statements showing a net profit in the Light Department during the month of July 1924, of $6962.159 and a tbta,l net. profit in .the Light Department for the four months of this fiscal year of $31, 688.27, and a net profit in the Water.Department for the month of July 1924, of $2606.93, and a total net profit in the Water Department for the four months of this fiscal year of $11,017,65• A petition asking that a combined curb and gutter be constructed on Second Avenue.Southeast between the South line of,Fourth Street Southeast and the North line of Fifth Street Southeast signed by Frank Chute, Herman Kruse, Ec?a Kruse, and Oscar H. Olson, was read, and motion by Lemmon second. by Cook carried that the sane be placed on file for future reference. Alderman Cook introduced a resolution fixing a hearing at 2 o'sloek P.M. on September 2nd, 19249 on the proposed construction of combined concrete curb and gutter on Second Avenue Southeast between the South line of Fourth Street Southeast and the North line of Fifth Street Southeast, which was read. Upon motion by .`right second by Roeder that the said resolution be adopted as read, and all voting in favor thereof, PresidentiWeeks declared the said resolu- tion duly passed and adopted. A petition signed by Oscar W. Hjerling, S. 0. Sanderson, Ida S. and Anna J. Hendridks, and Johanna Mackey asking that a sanitary sewer be constructed com- mencing at manhole on South side of Sewage Lift Station and running Northeasterly r 226 feet to a point 290 feet South of the South line of Sixth Street Southwest, thence North in Third Avenue Southwest to a point 93 feet South of the South line of Sixth Street Southwest, was read, and motion by Lemmon second by Cook carried that the same be placed on file. Alderman Roeder introduced a resolution fixing a public hearing on the above described sanitary sewer for 2 o'clock P.M. on September 2nd, 19249 which was read. Upon motion by Cook second by Newhouse that the said resolution be adopted as read, and all voting in favor thereof, President Weeks declared the said resolu- tion duly passed and adopted. 0 I 632 A petition signed by Lynn Roberts, Barbara Burbank, Fred Goet- ting, Martin Eppard, Paul A. Mattson, J. L. Mott, John Powderly, F. R. Van Dusen, A. W. Barnes, William P. Nietz, Zula Burdick, •Henry Tewes and Christ C. P.ask, asking that Seventh Avenue Southeast be graded to an established grade and to a width of fifty (50)• feet between the South line of Eighth Street Southeast and the North line of Ninth Street Southeast, was read, and motion by Newhouse second by Wright carried that the City Clerk be instruct- ed to h.a#e ready for the next.meeting of this Common Council a resolution which will provide for the first hearing on the said gradingo The applications of W. J. Harrison and Ralph Brintnall for driver's licenses, were each separately read, and motion by Kitzman second by Cook thrried that the licenses be granted. I The application of Mrs. Ralph Brintnall for two taxi licenses i were each separately read, and motion by.Kitzman second by Newhouse carried that the two said taxi 'licenses be gr. anted. The applications of Philip G. Graham, Dan Yacken, Conrad Fur Company and the Botsford Lumber Company for permits to place and maintain si 7is were each separately read, and motion by i�itzman second by Wright carried that permits be granted. The appointment by the Mayor of E. S. Ferguson as a Special Policeman at the Minnesota National Guard Armory, he to serve without pay and to hold. office until the second .Monday in April, 1925, unless sooner re -moved, and the appointment by the Mayor.of Julius Mundt as a Special Patrol- man in the Police Department of said City for the period August 14th, 1924, to August 20th,.1924, were each separately read, and President Weeks ordered I that the same .be placed on file. The following report of the License Committee was read,, and motion by L,emmon second by Newhouse carried that the same be accepted and placed on file, and that Mr. Schultz be allowed to withdraw his said applica- tion and that his check for .910.00 which accompanied it be returned to him: " Rochester, Minnesota, August 20th, 1924. Honorable Mayor and Common Council, City of Rochester, Minnesota, Gentlemen: In the matter of the application of Alfred C. Schultz for a Taxi Lieviise you are informed that Mr. Schultz has asked to frithdraw his application, so consequently, we recommend that license be not granted and that his check for ten dollars ($10.00) which accompanied his application be returned to him. Respectfully submitted, THE LT CENSE CObOMTTTEE, By M._Kitzman Chairman. 9t e 633 1 The following report of the License Committee was read, and motion by New- house second by Cook carried that the same be accepted and placed on file: " Roehe.ster, Minnesota, August 20th, 1924. Honorable Mayor and Common Council, City of Rochester., Minnesota. Gentlemen: In connection with the application of Bemel Brothers for a Junk Dealer's License we hereby recommend that license be granted with the suggestion that strict .supervision be kept over_ the way that they main - and conduct their place of business. Respectfully submitted, THE LICENSE C018fITTEE9 Bye,_ Ki-t-& M Chairman Motion by Kitzman second by Newhouse carried that Bemel Brothers be grant- ed a junk Dealer's License. The Junk Dealer's License bond of Bemel Brothers with B. Gleekel and ?i. Lipgchitz as sureties thereon, each in the amount of one thousand dollars, was read, and motion by Newhouse second by Roeder carried that the said sureties be accepted and that the said bond be approved and placed on file. The following report of the City Farm Committee was read, and motion by Newhouse second by Wright carried that the same be accepted and placed on file : " Rochester-, ?Minnesota, August 20th, 1924.. _ Honorable '.Rayor and Common Council, _ City of Rochester, MA_innesota. Gentlemen : We hereby recommend that the Board of Health of said City be authorized to enter into contract with the H. & H. Electric Company for the constructing of electric lights and power lines from the City limits to the City Farm at a cost of 034.00. Respectfully submitted, CITY FAROf COj;!VITTLE, By M. Ki zman_.�._ Chairman. " Alderman 'itzman introduced a resolution authorizing the Board of Fealth to. enter into contract with the H. & H. Electric Company for the construction of electric light and power lines from the City limits to the Rochester City Farm at a cost of $734.00, and fixing the amount of the bond to be given by the said contractor at the sum of 1p"734.00, which was read* Upon motion by Cook second by Newhouse that the said resolution.be adopted as read, and all voting to favor thereof, President Weeks declared the said resolu- tion duly passed .and adopted. E 634 r The following resolution, upon completion by the City dAttor- ney, was introduced by Alderman Cook, and trt was read: " Be it resolved by the Common Council of the City of Rochester, Minna s6t a: That the bid and, proposal of the Utton Construction Co., Tnc., for the furnishing of all 1•abor and materials necessary for the paving; of Ninth Avenge Southwest with seven inch (7") one course concrete from the North tine of Seventh Street Southwest to the North line of Eighth Street Southwest to a width of twenty-four (24) feet and the construction of an integral concrete curb along each side of the street or avenue so paved in accordance with plans, profiles and specifications for the said paving and integral curb, to -wit: 7" completed concrete pavement per square yard $2.43 3" vite 11bt,briek pavmt 26" test per aq, yard 3.59 Tntegral curb per lineal ft. 0.48 Cob curb and gutter per lineal ft. 0.89 be and the said bid and proposal is hereby accepted. The amount of the bond to be given by the said contractor is hereby fixed at the sum of $317200. " Upon motion by Newhouse second by Cook that the said resolution be adopted as read, and all voting in favor thereof, President Weeks declar- ed the said resolution duly passed and adopted. The following resolution, upon completion bt the City Attorney, c,,as introduced by Alderman Roeder, and it was read: Be it resolved by the Common Council of the City of Rochester, Minnesota: That the bid and proposal of William C. Fraser &, Son for the furnishing of all labor and materials necessary for the construction of a sanitary sewer commencing at a point in Seventh Street Southwest seven and one-half (7 ) feet West and fifty-seven (57) feet North of the Northwest corner of .Lot 106 in Belmont addition and ranning South forty-eight (48) feet to a point seven and one-half (7-2') feet West and nine (9) feet North of said Northwest corner of .Lot 106,'thence East along a line nine (9) feet North of the South line of Seventh Street Southwest to a point two hundred (200) feet East of the East line of Belmont addition in accordance with the plans,pro- files and specifications for the said improvement, to -wit: 866 feet vitrified pipe sewer at $1.30 per foot $1125,00 16 - 6 inch on 8 "Y" connections, each $16.00 - 4 manholes each 050.00 2.00 be and the said bid and,proposal is hereby accepted. The amount of the bond to be given by the said contractor is hereby fixed at the sum of $1341.80. " Upon motion by Wright second by Roeder that the said resolution be adopted as read, and all voting in favor thereof, President Weeks declar- ed the said. .resolution duly passed and adopted.. The following report of the Street and Alley Committee was read, and motion by Lemmon second by Newhouse carried that the same be accept ed and placed on file and that the City Clerk be instructed to have ready for the next meeting of this Common Council a resolution which will provide for a hearing on the proposed vacation of the said.alley: 635 i Rochester, Minnesota, August 20th, 1924. Honorable Mayor and Common Council, 4 City of Rochester, Minnesota. ! Gentlemen: - Your Committee appointed to investigate the vacation of alley in block 13 in Head and McMahon's Addition, ,beg to recommend that the prayer of the petitioners be granted. • i' Respectfully submitted, iF STREET AND 'ALLEY COS: ,17TTEE, Jghn \r . coo I, Chairman CA. TT. _Armstrong; City Engineer. " Certificate No. 1 prepared by Harold H. Crawford, Architect, in favor of I I Hugo Qchroeder, shoeing the sum of $$948.13 as being due to said contractor on the construction of a public comfort station at Vayo Park; was read, and motion by Lemmon second by Cook carried that the said certificate be placed on file. Estimate' No. 1 prepared by Chas. TT. Armstrong, City Engineer, in favor of John J. :err, showing the sum of 0931,26 as being due to said contractor on the construction of curb and gutter on Third Avenue Southwest from the South line of Fourth Street S©utrhwest to the North line of Sixth ,Str. eet Southwest, was read-, and motion by Cook second by Wright ca:fried that the said estimate be accepted and plac- ed on file. Alderman ?Aitzman introduced a resolution appropriating $948.13 from the Permanent Improvement Fund and ordering payment made to Hugo Schroeder for certificate No. 1 on contract for construction of public comfort station in Mayo Park, which was ready Upon motion by Roeder second by Wright that the said resolution be adopted as read, and all voting in favor thereof, President ?leeks declared the said resolu- Lion duly passed and adopted. Alderman Wright introduced a resolution appropriating 0931.?5 from the Permanent Improvement Revolving Fund -and ordering payment made to John J. Kerr for estimate No. 1. on contract for construction of combined concrete curb and `!?utter on Third Avenue Southwest from the South line of Fourth Street Southwe:>t to the North line of Sixth Street Southwest, which was read. Upon motion by Cook second by Wright, that the said resolution be adopted as read, and all voting? in favor thereof, President Weeks decl'ar'ed the said resolu- tion duly passed and adopted6 Motion by Newhouse second by Roeder carried that the City Attorney be instructed to close the deal with Forest J. Bandel whereby he is to give bond to the City of Rochester, Minnesota, in the amount of $1200.00, conditioned tolildemnify the City of Rochester, Minnesota, in the event that damages should be secured by the 636 fj I J person holdin ,; the mortgage against the property of the said Forest J. Ban- M del. Alderman Roeder introduced the following resolution, which was read.: TREREAS, The Board of P rk Commissioners of the City of Roches- ter, Minnesota, by F.. T. Banks, Oscar Hargesheimer and Clarence R. Thompson, the Public Utility Board of -the City of Rochester, I!innesota, by F. H. 1!osse and Wm. G. Roeder, J. D. Fritsch and. Mary A. Fritsoh, all of the City of Rochester, Vinnesota, have presented to this Common` Council of the City of � Rochester, 1�innesota, a petition simed by three -fourths (314) of the owners of the property on the line of Third Street Southeast between the East line of Third Avenue Southeast and the right bank of the Zumbro River, therein mentioned., to be vacated and discontinued, and asking? said Common C6uneil to vacate Third Street Southeast from the East line of Third Avenue Southeast to the right bank of the Zumbro River, in the City of Rochester, Olmsted Col}nty, r.Tinnesota, which raid petition was duly and .properly sirsned for the vacation of said part of Third Street Southeast and the same being also accompanied by a plat of the part of Third Street .Southeast asked to be Vacat- ed and said petition also being certified by the oath of J. D. Fritsch and Awry Fritsch and of the Public Utility Board by F. Y. Mosse and WX. G. Roeder, as members thereof, and the said Common CouncJ.l having considered said matter and sail petition; ` NOW9 Be it and the same is hereby .resolved by, said Common Council of the said . City of Rochester, 1-finnesota: That said Common Council does deem it expedient that tie matter set forth in said petition should be proceeded with, rand. does hereby order that sadd petition be filed of _record with the City Clerk of said City, and that said City Clerk give due notice by publication in the official paper of said City for four weeks, at least once in each week, to the effect that such petition has been filed as afore- said, and state in brief, its object, and that said petition will be heard and considered by said Common Council in the Council Chambers, in the City Hall, in said City of Rochester, at 2 o'clock P.M. on the 6th day of October, 19249 and that said Common Council will at said time and place investigate and consider said matter and said petition and the whole thereof +and hear the testimony and evidence on the part of all parties interested therein. " Upon motion by Lemmon second by ?'right that the said resolution be adopted 'as read, .and all voting in favor thereof, President Weeks declared the said resolution duly passed and adopted. Alderman Wright introduced a resolution fixing a hearing for 2 o'clock P.M. on September 2nd, 1924, on the levying of special assessments for. ',he construction of a concrete curb and gutter on Third Avenue Southwest between the South line of Fourth Street Southwest and the North .Line of Sixth Street Southwest, which was read. Upon motion by Wright second. by Cook that the !said resolution be adopted as read, -and all voting in favor thereof, President Weeks declared the said resolution duly passjed and adopted. Alderman Roeder introduced a resolution fixing a hearing for Zoo' clock P.M. October 6th, 1924, on the levying of special assessments for the construction of a sanitary sewer commencing at a point on the center line of Fourteenth Avenue Southwest 33 feet South of the North line of Sixth Street Southwest and running Sottherly along the center line of Fourteenth Avenue Southwest to a point 9 feet South of the North line of Seventh Street Southwest, thence Easterlt along a line parallel to and 9 feet South of the North line of Seventh Street Southwest to a point 230 feet West of the Nest 637 .line of Head and McMahon's Addition# which was .read. Upon motion by Lemmon second by Newhouse that the said resolution be adopt- ed as read, and all voting in favor thereof, President Weeks declared the said j resolution duly passed and adopted. Alderman Cook introduced a resolution appropriating �J�204.07 from the Fire Protection Fund and ordering payment made to ??ayes - Tiucas and Green for 53,350 lbs. of Harrisburg egg coal at $7.65 per ton, for use at the Central Pire Station, which was read. � i Upon motion by Cook second by Kitzman that the said resolution be adopted as read, and all voting in favor thereof, President Weekd declared the said resolu- tion duly passed and, adopted. r Alderman Kitzman introduced a resolution appropriating $202.55 from the General Fund and ordering payment made to Hayes - Lucas and Green for 52,955 lbs. I of Harrisburg egg; coal at 07.65 per ton furnished for use in the City Hall, which I was read. Upon motion by Roeder second by Wright that the said resolution be adopted i as read, and all voting in favor thereof, President Weeks declared the said .resolu- i t.ion duly passed and adopted. Alderman Newhouse introduced the following resolution,which was read: " Be it resolved by the Common Council of the City of Rochester, T.Tinnesota: That the sum of $437,43 be appropriated from the Permanent improvement blind of said City azZd paid to the Sinking Rind of said City to be invested and reinvested by the Sinking Pund Commission the same as other, Sinking Funds which are Placed in their hands, but the same shall be kept intact subject to the future order of the said Common Council to be. used by the said Common Council for the purpose for which the same was levied, raised and accumulated; the same being interest collected on savings account for the said Permanent Improvement Fund. The Ifayor- and City Clerk are hereby authorized and directed to draw warrant for said sum upon the City Treasurer in accordance herewith and cause said paymentN to be made. Upon motion by Newhouse second by Cook that the said resolution be adopted -as read, and all voting in favor thereof, President; Weeks declared the said resolu- tion duly passed and adopted. A petition with a total of seventy-five signatures of qualified voters of the City of Rochester, ?Tinnesota, requesting that in accordance with Paragraph 83 of Section M3 of the Charter of the City of Rochester, Minnesota, Five hundred dollars ($500.00) be appropriated to H. E. Samuelson, Treasurer, for forwarding to the local relief committee in Lincoln, Lyon, ?.Rurray, Redwood and. Cottonwood Counties in Vinnesota, for the relief of the needy and distressed there through a cyclone which recently visited those.localities, was .read, and motion by Lemmon second by Cook carried that the same be placed on file. The above mentioned petition then made a total of 851 signatures upon this request for the appropriation of Five hu#dred dollars ($500.00) , so, although the City Attorney had not yet made the written report.. relative to the other 776 names, 6 638 which was requested of -him at the Couneil meeting held on August 4th, 1924, Alderman Cook introduced the following resolutiorA,,Riiich was read: " Be it resolved b ,the Common y Couneil' of the City of Rochester, Minnesota: That under and in accordance with petitions made by the quali- fied voters of the -said City parsuant to the 83rd Paragraph of Section 103 of the Charter of said .City, the ' sun of 0500.00 is hereby appropriated from the General Fund and payment ordered, made to H. E. Samuelson, Treasurer, for forwarding to the local Relief Committee at Lincoln, Lyon, Murray, Red- wood and Cottonwood Counties in I innesota for relief of the needy and dis- tressed there through the cyclonwlAch .recently visited those localities. The ?�'ayor and, City Clerk of said City are hereby authorized and directed to draw a warrant upon the City Treasurer for the said amount and cause pay4ient to be made accordingly. " IT-�on motion by Wri;rT t second by Roeder that the said resolution be adopted as read, and all voting in favor. thereof, President Weeks declar- ed the said resolution duly passed and adopted. Alderman Lemmon introduced the following resolution which was read: VIiEREBS, It is deemtd, expedient and necessary that a new, automobile be purchased for. use :of the City Engineer and Chester R. Fellows having offered his. Dodge Five -passenger 'Tourinn Type Automobile, !,!otor No. A 24390, Serial No. 947873, licensed. under State of Minnesota .registration No. 198108 B, for Six Fundred. Dollars ($600.00) and the Dodge Five -passenger Touring Type Automobile now'owned by the City of Rochester, Minnesota, and in use in the City Engineer's Department, which said automobile has 14otor No. 5796471, and is licensed under State of !,Tinnesota tax exempt registration as No. 468; SD, THEREFORE, Be it and it is hereby resolved by the Common Council of the City of Roch :aster, 1:finnesota: That the said pr. ono"sa?. of Chester R. Fellows, bey and the same is hereby accepted. and that the sum of Six hundred Pollars, ($600.00) is hereby appropriated from the Street and Alley find and ordered paid to Chester R. Fellows, as the difference between his above described automobile and the City owned automobile. Be it.further resolved by the said Common Council that the , Vayor and City Clerk of .said City be and they are hereby authorized and directed to draw a warrant upon the City Treasurer for Six Hundred Dollars, ($600e00) , and make payment accordingly and that they:, are also hereby authorized and directed to execute the papers necessary to transfer the - title of the above mentioned City owned automobile from the City of Roches- ter, ?:-iinnesota, to Chester R. Fellows. " Upon motion by Newhouse second by' -Wright that the said resolu- tion be adopted as read, ' and all voting in favor thereof, President Weeks declared the said -resolution duly passed and adopted. Alderman Cook introduced an ordinanceft amend an ordinance entitled " '�4n Ordinance Regulating the Passage of Traction:, -,Engines and Motor Tractors &f all Kinds, Over, Upon and Across Paved Streets in the City of Rochester", which was given its first reading. Motion by Lemmon second by Cook carried that the rules be sus- Pended and that the said Ordinance be given its second reading, and it was given its second reading accordingly. Motion by Lemmon seebnd by Wright carried that the rulers be 639 suspended and that the said ordinance be given its third arid final reading, and it was given its third and final reading accordingly. ' Upon motion by Cook second by Wright that the said ordinance be adopted as read, and all voting in favor. thereof, President Meeks declared the said ordinance duly passed and adopted. The Common .Council ,canvassed the result of the Special Election held on August 19th,. 1924. s. Alderman Lemmon introduced the following resolution, which was read: " Be it resolved. by the Common `council of the City of Rochester, -Vinnesota: That the following is a tabulated list -and statement of the votes caA for and�agginst the issuance of the bonds of said City of Rochester in the aggregate amount 'of $350,000.00, for -the purpose of establishingand building a Sewage Dis- posal Plant- and a Trunk Line Sanitary Sewer connecting the'rewith,- in and for the said: City of Rochester, at Vie• `Sppecial Election held ,in' said City on August 19th, 1924, as determined by the said Common Council on their canvass of the returns of said Election made on the 20th day of August,. 19240 and that, said statement is here- by declared to show .the �r. esults ::of .the said Special Election; saki tabulated state- ment bein;7 and is as follows:, ; For approval of the First wa_,,ro Seco�w�d` d Ward Total ResolutioA of the, D.istriat District District Common Council of the , No. No. No. City of Rochester, author-. izing the issue, of the bonds of 'sai'd City in the a,ggr a gate, amount of t $350,000,.00, for the pur- pose of establishing and building a. Sewage Dispos- . al Plant and a Trunk Line, Sanitary Sewer connecting the'reWith,- in and for the City of Rochester, and for issuing such bonds No Received 27 32 11 13 . �12 16 6 10 6 8 5 25 4 165 .. ,Be it furthex .resolved by said Common Council: That the number of persons present and votin7�at this said Special Election on the question of the issuance:: of the said bonds was as -follows: , 11�; that the number of, the voters voting in favor of the said proposed issue of bonds was 1021 ; number of voters voting against the, proposed issue of the saddbonds was 165 ; and that,,, based on the 1_ 19?, total number of persons present and voting at said Special Election, more than three -fifths (315) of the' said total` number of votes 'cast were in favor of the issuance of the, said, bonds, so, therefore, the question of +,,he issuance of the said bonds was approved by the voters at the said Special Election. " Upon.motion by Roeder second by Lemmon that the said resolution be adopted as read, and ill voting in favor thereof, Presideht Weeks declared the said resolu- tion duly passed and adopted. The following claims were read, and motion by Lemmon second by Cook carried that the same be allowed and that the Mayor and City Clerk be authorized and direct- ed to draw warrants upon the City Treasurer and make payment accordingly: From the General Fund: L. A. Fellows, $5,50 ; Hiram K. Joslyn, $5.50; 640 C.. Leslie Gray, $$5.50; Elsie G. Fellows, $5.50; Maybelle T. Joslyn, $5.50- Max O'Niel1, $4.40; Charles Dzialdowski, $5.50; Carl G. Schwarz, $5.50; Neva V. Proud, $5, 50 ; George W. Money, $5, 50 ; Eugene Callahan, $5.50; W. J. Cowan, 1,,4o4O; Art Naghr. einer., $5.50; Henry Tollefson, $5.50; Frank W. Lyons, $5,50; Ellis Bratager, $5.,50; Harold -Knapp, $$5.50; Chris Hogenson, $4.40; Oscar T. Giere, $5.50; Frank Fryer, $$5.50; ..Fred Alt-ona, $5.50; Arthur. Weber., j $$5.50; George Schmelzer, $$5.50; Nels Lyste, o40; W. R, Liddle, k�5.50; Ed M. Raetz, $$5.50; Gina �..Trachek, .05.50; -Jean Frost Ormond, $5.50; Lillian West Raetz . , ,, ��$, 5.50, F. W. DeWitz, $4.00, J. F. Cooke, $.5.50; Paul L. Rommel, $$5.1-40; Ernst H. Reiter, $5.50; T. H. Page, 05.50; L. C. Johnson, $5.50; Cummens k Peter J. S. Case . $$4.40 • , , $$5.50, Pearl Keller, $5.50; Guiditha K.S. Spillane �. $5. 50 ; E.. C. Roth, $5.50; E. F. Weber,. $5.50; S. Ut zinger, $$5.50 ; Myra Beth Weber, 05,50; Bernice L. Utzinger, $5.50; Henry.. Gebeler, $4.40; T. F. ��'.ennedy, $$5.50; A. A. Clemens, $5.50; Wesley Allen, $$5.50; B. T. Mit- chell, $$5.50; Frank P. Little, 05.50; W. ?T. Wilson, 04.40; J. Y. Rasmusson, $$5.50; H. J. Bri'ese, $5.50; Wm. G. '+.filler, $5.50; L. H. Lewis, ;'$5.50; Pi. H. Sykes, $5.50; Chas. Grimm, $$4.00; R. N. Graen, $$5.00; Geo. Millers $$6.00; 0. I . Schroeder, $6.00; J. F. Stephan, $$6.00; Hugo Wiese,- $6.00; Edward J. Jacobs, MOD; Herman F. Degel, $4.80; B. A. Dieter, 15,50; J. F. McAdams, $5.50; Mfrs. L. J. Weaning, $$5,50; Minna Schellin, $5.50; W. E. Dieter, $4.80; Fred R. Witzke, S. O;;..Etta Knusel, $$5.50; Wm. O.l itzke, $$5.50; Eva Wit?ke, 85.50; Georgia W. Sawinski, 05.50; Edgar Boardman, $4,40; N. K. Tfarkle, 5$15900; Frnst Ti. Reiter? Agent ,for Edwadd TTotel, y$10.00; Ralph Brintnal1, $5.00, ` The following claims were read,nd motion by Lemmon second by Newhouse carried that the .same be allowed and that the Mayor and City Clerk Ilk; �� be authorized and directed to draw warrants upon the City Treasurer and make payment accordingly: From the Geheral Fund.: George Schmelzer, $39..50; Weber and Juddp '$2.10; The Blakely Printing Company,$26.75; H.W. Sheldon, $8.05; Julius 14undt, $63.23; Frank Stoppel, $22.58 W. E. Dieter, $22.58; Paul r, Waggoner, $$22.58; Patrick Lynaugh, $18.06; James A. Joslin, $$18.06; James F. O'Connor, $18.06; C. C. Engelbart, $$18.06; E. C. Jorgenson, 'p18.0j; Adam Henry, $18.06; B. A. Dieter, $18.06; Thos. B. O'Connor,, 11p'18.06; Matts Fansen, x $18.06• A. L. I.raemer Company, $2.25 • 0 � � pang, , Catherine Armstrong, �w6.50; From the Street and. Alley Fund: Morse Brothers, $2.25; Max _ Hargesheimer Pharmacy,. $$1.25; From the Park Tmpr. ovement Fund: The Eagle Drug Store, 01.00; C. Hennecke Company, 04.50; Tri-State Telephone & Telegraph Company, a$12,00; Maass 8_ 7!cAndrew Company, $125,28; Schmidt Printing Company, $$19.50; E. P- T?. 4� Ei Electric Company, $$30.43; Y Motion by Newhouse second by Lemmon carried that the City Clerk be instructed to request of Str.Mary's Hospital and of the State Board of Con- a 641 trol that they each have a representative before the Common Council at its next meeting which is to be held at 8 o'clock P.M. on Auo_ust 25th, 1924, for the Purpose of a conference relative to ways and means for determining the interests of the Rochester State ?ldspital, St. Mary's nospitil and the City of Rochester., Vinnesota, in the construction of the proposed Sewage Disposal P].aht and its future operation. ?!lotion by Cook second by Lemmon carried that further procer�dings in the proposed sanitary sewer to be constructed on parts of Pburth Street _NorthYast and Second Avenue T1b.rthlftast, and known as the "-East side cut -over" be ad;;ourned and con- tinued to September. 2nd, 19249 at 2 o'clock P.M. On motion by Cook second by Roeder the Council -adjourned to August 25th, 1924, at 8 o'clock P .T.I. City Clerk.