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HomeMy WebLinkAbout08-17-1925359 Il= Minutes of an adjourned. regular, meeting of the Common Council of. the City `' II of.Rochester, Minnesota, held in the Council Chambers, in the City ?fall, in said City, at •8 : o'clock P.M.,, on August 17th, 1925. ' Meeting called. to order by President Weeks. Roll Call: Present:. Weeks, Adler, Bach,. Cook, Kitzman, Postier,• Aright. II pb s ent : None. I -lotion by 'Kitzman second by Cook carried that the minutes of the meeting, held on August 3.rd,, 19259 .-be approved. President Weeks announced that this was the time and place fixed for a G hearing on the .grading of Tenth Street Northeast from First Avenue to . Second tivenue, end ask if there. vas any one. present who :�ishec� to be heard relative to the said I grading, There was. no person present who wished to be heard. President Weeks announced, that this Was the time end place fixed for a hearing; on the grading of the East and West alley in Block 1 in Head and Mcrfahon's Addition, and. asked if there was any one present ..,ho wished to be heard, relative to the said grading* There vias no person present :ho %rished to be heard in regard to said grading. President Weeks announced that this was the time and place fixed for a hearing on the 'construction of a curb and gutter on and the grading, of Fburth Avenue Southwest from Fifth Street to Sixth Street, and asked if there was any person present who wished.to.be heard. There was no person•present who wished to be heard relative to the said curb and gutter or grading. President Weeks announced that this was the time and place fixed for a hearing on the ponstructio.n of a curb and gutter on acid -.the grading of First Place Southeast from Fourth Street to Fifth Street, and asked if there w4s any, person pre ent fz:ho wished to be heard relatLve,-to the said improvement. - There Baas ,no person present. who :wished to be heard. President Weeks.announced that this was the time and place fixed for a hearing on the pavingp re -paving and curbing- of Second Avenue Southwest,. from the S6uth line of Center Street 'Test to the North line of. Third Street Southwest, and asked if. there ovas any person present who wished to be. heard relative to the said - improvement. . There ,was po person present who wished to be heard in retard to the said paving, repaving. or curbing. , President; Weeks .announced ,that this was the time and place fixed for a -hearing on the construction of a sanitary sewer in part rof Fourteenth Street North- east, Eleventh ,Avenue Northematt etc., also known as the State Hospital outlet sani- tary sewer,,, and asked if ,there was any person present who wished to be heard rel.ativ 360 to the said improvement. .There eras .no person present. who wi shed to be heard relative to the said proposed sanitary sewer. T-,lotion by Po sti er second by 17ri gait carried tl) at further pr. o ceedings relative to the seid proposed sanitary sewer'be Udjourned. and. continued to April 1st, 19260 President Weeks announced that this was the time and place fixed for a hearing on the' construction of a sanitary sewer ill part, of Broadway Street Pdorth, etc., also ,known as the trunk line sanitary sewer. to the Sewage Dit.spo sal Plemt, and asked if there was any person present rho wished to be heard r. ela- Live to the said proposed sanitary. sewer. There was no one present who .wished to be heard, and motiop by Pos- tier second by: Cook carried that further proceedings relative to -the construc- tion of the. said proposed sanitary sewer -be adjourned and continued to April 1 st, 19.260 President Weeks announced that this v:•as the time. and place for a hearing A the levying of special assessments against aPpart of Lot 4 in Block 59, in Original Plat, for the, paving; of rain Street, now FYrst Avenue Northwest and. Southvre st, and asked if there was any person present cho wished to be heard in any matter concerning the said, paving or the' assessment therefor. There was no person present who .wished to be heard. President Meeks :announced that. -this was the time and place :Vixed for the levying ofsopecial assessments .against a. part of Lot 4 in .Block. 59, in l Original Plat, for -the curbing o f .,dai.n. Street , .now O.•rst Avenue No rthwe st and Southv,rest, and asked if there was any person present. who wished to be heard in any matter concerning the said curbing or the. assessment therefor. There was no person present who wished to .be heard. . This being the time and place fixed for the opening of bids for the paving, re -paving and curbing of Second Seems Avenue Southwest from the South line of Center' Street West to the North line of Third Street SouthVe.st, the follov,.7ing bids were opened and read+ Feller Bros. - completed pavement per sq,. yd'. $3. 38, ,completed curb- ing per lineal ft. 78 cents; A61ding and Shepley.,'Inc., 3" brick paving (surface only) 1$2.18 per sqe yd., concrete curbing 64 cents per lineal ft., ` repaving roadway 45 cents per sq. yd., new concrete base (6" thick) $1.21 per. "sq* yd.., excavation 01.10 1 per cu. yd.; z - Utton Construction .Co., Inc., - Excavation $1.0.0 per cue yd., re -pav- ing 44 cents per sqi� yd. , completed..' curbing 68 cents per lineal ft.. , 6" con- crete base, $$1.21 per sq. yd., 3" brick top $$2.17 per 8qe yd., loose rock exca- vation �;$2.50 per eu* yd., solid rock excavation -$3.50 per cu. yd*4 361 On motion by Kitzman second. by Cook the above mentioned bids were refers to the City Engineer for tabulation and recommendations. This being the time and place fixed for the opening o-f bids for the con- struction of concrete curb and gutter on and the grading; of Iburth Avenue Southwest, from.the North line..of Sixth Street Southwest to the South line of Fifth Street Southwest, the fob.&owing bids were opened and read: John J. Kerr, - completed grading 70 cents.per cu. yd., completed combin- ed curb and gutter 80 cents per lineal ft., loose rock excavation �2.50 per cu, yd., solid roc'; excavation 03.00 per cue yd.; Utton Construction' Co.., Inc., - completed grading 75' cents per cue yd., completed combined curb and gutter 90' cents. per lineal ft.; On motion by Cook second by Wright the above mentioned two bids were re- ferred to the City Engineer for tabulation and recommendations* This being the time -and place fixed for the opening of bids for the con- struction of concrete curb and gutter on and the grading of First Place Southeast from the South line -of Fourth Street.Southeast to the.North line of Fifth Street Southeast, the .following bids were opened'and read: Utton Construction CQ.., Inc., - completed -grading 15 cents per cue yd., completed combined curb and gutter'90 cents per lineal ft., - John J. Kerr, - completed grading per cue yci. ]U cents, completed combined curb and gutter 88 c�ent's per lineal fit., loose rock excavation :;'2„50 per cu. yd., solid rock: excavation �i�3.00 per cu. yd. On motion by Posiier second by Wright the above mentioned two bids were referred to the City Engineer for tabulation and recommendations. This being the'time and place fixed for the opening of bids for the z grading; of the East and West . alley in Block 1 in Head and McMahon's Addition, the one bid ofJJohn J. Kerr was.opened and read, �the.said bid being completed grading 85 cents per cue yd., loose rock excavation 01,50 per cu* yd., solid rock excavation $2,50 per Cu. yd; On motion by Kitzman second . by Cook the said bid �,as r.eferred to the City Engineer for tabulation and recommendations. This being the time "d place fixed for the opening of bids for the grading of Tenth Street Northeast from `the East line of DIrst Avenue. Northeast to the Ylest line of Second Avenue:Northeast the .one bid of John J. Kerr$ being 82 cents per e cu* yd., for completed grading,- was opened. and read. Motion by Cook second by Wright carried that the ebove 'mentioned bids for the grading of the East and West alley in Block 1 in Tlead and It'04ahon's.Addition , and for the grading of Tenth Street Northeast, from the East line of First Avenue Northeast to the West line of Second Avenue Northeast, b@ rejected and that the City i Engineer be authorized and directed to-. secure the necessary' labor, materials, etc., and do the said grading in-:.a.cco.rdance..with the -plans, profllep, specifications,, etcl I i 362 01 therefor. ! Pursuant to adjournment and continuation 'of the pro ceeding.s in the proposed re -paving of Third Avenue Southeast from the South line of Fourth Street Southeast to the South line of Tenth Street Southeast, the matter came up for consideration, and was later in the meeting, on motion by Cook second. by Bach adjourned and continued to. August 19th, 1925, at E3 o' clock P 01. ,) Fred Witzke complained. of the gas service which the interstate Power Company is furnishin y,, and motion by Kitzman second .by Cook carried that the complaint be referred to a Committeeto be appointed by the Chairs for _i.nvestigs- i Lion. Alderman Adler introduced a resolution -levying special assessment against part of Lot 4 in Block 59 inOOriginal Plat for the paving of 14ain Street) no �f First Avenue 'Northwest and Southwest, which was read. Upon motion ,by Bach. second 'by Cook that the said resolution be adopt- ed as read, and' all voting in favor . thereof, President Weeks declared the laid resolution duly passed and adopted. Alderman Bach introduced a resolution levying special assessment against part of Lot 4 in Block 59 in Ora ginal Plat, for the curbing of ltiiain. Street, now rdrst Avenue Northwest and Southwest, . which was read* 'Upon motion by Cook second` by Bach that- the said resolution be adopt- ed as reads and all voting infavor thereof, President [leeks. declared the said resolution duly passed and adopted. ' 1 11 'The following petition was reed, and motion by Bach second by Cook carried than the same be " placed on ' file: TO THE MAYOR - 0 F TIME, • CITY 011? RO CHES-'TER ' AND TO TT. HONORABLE CITY COMLT CTL :.. GMT`.I.'LE^IEN. We the undersi fined hereby petition you .that *=hen the streets are widened on First Avenue Southwest and. Third Street Southwest that a standard • curbing be c6nstructed. Dan Macken Co.,, Jno. J. ,Casseday,. Henry L. Tollefson, (Tollefson Estate) Lawler. W. H. H. Greene. (.Brown -Hotel ) V. C. Lawler. The Blakely Printing• Co. , By Clare W. Blakely..." . J. 0. Nelson of -the 3felson ?Motor Sales Company asked for a waiver on the provisions of the .lo cal building code in t rat he would have a bui lding Permit tsstaed for his new building that would allow the same class of .roof as is kn the old building, and on motion by Hach seeohd, by Aright his request was re- ((ferred -to the Committee to be appointed by the- Chair which said Committee could �y confer with Mrs J. 0. Nelson, G..Schwartz and Co., and the Building and Rlectri- '� r y ... .�!Ti. 4?."`: ::s�-;r.. .2_'a.. ..� >_ _ ... .... ...... ..��..t.. kst-�: �`:7.a....vr: �-it•• =_� >..x..�. ;,r: •�, � 7 363 cal Inspector , relative to Mr..Nelson's petition. President Weeks accordingly appointed the persons who were named as the i 1. Committee for the revision of the local building code, as the members of the said Committee, with the exception that Alderman Bach shall — replace'-: Alderman Postier on said Committee. , The .report 'oF the City •Treasurer for the. month ending July 31st, 19P-5, shoving, cash on hand in the amount. of ,$355,611.459 was read, and on motion by Kitz- tnan second by Cook the same was ordered placed on.file, The following -report of the 1,filk Tnspector, was read, and on motion by Cook second by .Kitzman; same was ordered placed on files " August 1st, 1925... To the Honorable Mayor and. Members of'the .Common Council: Since my appointment as Ivfilk Inspector for the City of Roches - terc I have made 109 dairy inspections covering 80 dairies, some twice, some three. times- or more. : I have taken 84 samples of milk for laboratory. testing. I have also carried on considerable correspondence.and:done much studying -of the problem of.milk handling. During two weeks Dr. Co E. Smith of the United States Public Health Service was here and was of much assistance to me.' Practically all dairies were inspected while he was here. Z have also m.:de 36 inspections covering the 4 different pas- teurizin� plants. Respectfully submitted, Mrs. CC: E. GatQs Milk Inspector. " The application of D'arrell P. Abolt, for a driver's license, was read, and on motion by Cook second by Adler, the same was .referred to the License Committee, with instructions that they make report at the next meeting of this Common Council. The following reports and `recommendations were read, aid were ordered Placed on files "8-17-25 Hon. ,14ayor & Common Council Gentlemen: I have made tabulation of bids for paving acid repaving of 2nd Ave. S. I'l. 'from. Center St. to 3rd St. S. ff., and beg to report as follows:' Feller Bros. $ 19538.80 Fielding & Shepley, 18075.97 Uttoii Const. Coop Inc. , .17940.87 The estimated cost of 211% is improvement .was filed as being _ 06054.24, and the price bid is above estimate. Respectfully submitted, C. H. Armstrong. " 36-4 do " 8 17 - 25 Hon. Mayor & Common Council, Gentlemen: T beg toreport that J. J. Kerr is lose bidder on curb and ?utter in 4th Ave., 3rd- Ave., and lst Place SSE. Res. C. H. Armstrong. Is Alderman Cook introduced. a resolution determining to adhere to all former resolutions relative to the above- mentioned improvements in Second Ave- nue Southwest, alley 'in Block 1 in Head and McMahon's Addition, Tenth Street Northeast, First Place Southeast and Fourth Avenue Southwest, which: was read. Upon motion by Wright second by Cook that .the said resolution be o as r a r j a a,d pted .. sad, and 11 voting in favor thereof,, President Weeks declared the I� said resolution duly passed and adopted. Motion by Cook second by Kitzman carried that the above mentioned bids for the paving, repaving end curbing; of Second Avenue Southwest from the South line of Center Street Test to the North line of Third Street Southwest be rejected and Vlat the Gity Engineer be instructed ,to secure the necessary labor, materials, etc., and construct the said paving, repaving and curbJ-ng, ! in accordance with the specifications therefor, and that the certified checks of the bidders thereon be each .returned; . the vote on the .said motion being - Ayes: Bach, Cook, Kitzman, Wright. Nays: Adler, Postier. The application of Gregg Gentling as'agent for the Cite Satin Enter- tainers, for permit to hold, give and conduct public dances in the Armory on August 18th, 1925, 'dhd'•:Aug%kst 20th, 1925, was read. Alderman Postier introduced a resolution granting permit to Gregg B ' N Gentling as agent for, the White Satin. Entertainers, to hold, give and conduct public dances in the I -•rational Guard Armory on August _18th 'and 20th, 1925, and fixing the fee at the total -sum of $10.00, which was read. 3 Upon motion by Postier second by Wright that the said resolution be adopted as read, and all voting in favor thereof, President Weeks declared the said resolution duly passed and adopted. . The followlnlg application was read, and motion by Cook second by Wright carried that permission be granted: �I Is Rochester, Minn. Aug.17,1925. i j (` To TFE honorable Council, City of Rochester. 1 , �( We wish permission to erect. a filling Station at the cor- ner of 14th Ave. and 2nd St. S.W., in the'near future. Same to be erected according .to the building code of the City. Yours truly, The Rochester Oil Co., E.-_L . „jwman Pre$.,�ger 'By, ........_Ba L. Johnson . _..... ' 3�5 Ah Alderman Kitzmgn introduced a resolution accepting above mentioned prQpoe- al of John J. Kerr for the construction of concrete curb and .gutter on and. the grad- ing of Fourth Avenue Southwest from the North line of Sixth Street Southwest to the South line of Fifth Street Southwest,- and_ fixing• the amount of the bond tor:be given by the said contractor at the sum of $600009, 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 We declared the said resolu- tion duly passed and, adopted. Alderman Postier. introduced a resolution accepting the above mentioned proposal of John J. Kerr, for the construction of concrete curb and gutter on and the grading of First Place Southeast from the South line of Fourth Street Southeast to the ?forth line of Fifth. Street Southeast, and fixing the amount of the bond to be given by the said contractor -at the sum of $800.00, which w 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 declared the said resolu- tion duly: -passed and adopted. Motion by .Kitzman second by Iostier carried that the certified checks of the unsuccessful bidders on the sbove mentioned curb and gutter and grading be each returned to them. Copies of .requisitions •by the -Health Officer upon St. Mary's Hospital for Isolation Hospital services in the establishing, maintaining and releasing of guar- . Y antine in the case of 4C as. Walters as a poliomyelitis patient, and in the case of Robert Webster, as a poliomyelitis patient, were each .read, and.mn motion by Cook second by Wright, ordered placed on file. The appointment by the Acting Mayor of Chris Jorgensen, Be A. Dieter, t"?. E. Dieter, Ray Nellenbolt, Hugh O'Niell, George Schmelzer, A. J. Henry, Lee Anderson and P. L. ?dalvin, as SP'ecial Patrolmen for Augu2t 18th, 19th,. 20th and 21st, 1925, was read, and on motion by Kitzman second by Cook the same was ordered placed on file. A set of plans, profiles, specifications,, eta., for the local Sewage Disposal Plant, submitted by the State Board. of Health, after an examination of the same, were Iaid before the Common Council, and their report in the Imatter being quoted in part as follows, was reads " Conclusion The plans show a plant by means of %hich the sewage can be stabilized .and clarified to such...a degree as to effectually prevent a nuisance in the Zumbro River. If disinfection to destroy pathogenic organisms is deemed necessary at any future time, this treatment may be added without any material change in the design of the proposed plant. Tt should be. noted that the capacity of the proposed plant is but,little greater than the present requirements o l the city- and any material inereas in the quantity ok strength of the sewage will result in an inferior effluent unless additions are made .as the quantity of sewage increases. With this understanding and with the usual reservations as stated on the attached sheet entitled " Information Relative 'to Plan Examinations-" t 366 I - these plans are recommended for- approval. „^ ZA A. Childs Engineer. Approved ... TT.,,A,. Whit,akgr Director. " The .written appointment by President Weeks. of Otto Mtzke, C. G. Tiad- ley,. Jertmiah Daly, Fred Maass and Edw.' W. Ifelostan, as members of the Com- mittee for the revision, etc., of the tentative 4r4ft of a .proposed plumbing; ordinance, wheih was heretofore submitted to this Common Council motion motion r by Cook second by Wright the said .'appointment was ordered'placed on file. President Weeks appoint.-ed Aldermen-Postier, Bach and Adler as members of the 'Committed for investigation of complaints relative to local gas service. The recommendation of the Sewer Committee and the Water- Committee 11 that a sanitary sewer be constructed. and a water main laid be Sixth Avenue Southeast from Eighth Street Southeast to a point 200 feet South of. the center 4 of EJ.ghth Street Southeast,. was read, and on motion by Adler_ second by Wright same was ordered placed on file. I Estimate prepar. ed 'by C. R. Armstrong, City Engineer, in. favor of the Ellis Motob Company, showing the .sum of , 2225.00 as being due to the said com- pany for the furniohin�' of one 1-�- ton truck, was read., and on motion by Kitz- man second by Tri.ght the same was ordered placed on file. The claims of Warner Dickman for. cutting weeds on. the property of Karen Olson Uness, ets. al.., 75 centc,.and Goe Paulson 75 cents, were each .read, and motion by Kitzman second by Cook carried that the. said sums be appropriat- ed from the General Mind and paid for the purposes mentioned. The claim of George Schmelzer in the amount. of 024.00 for 48 iiopr.s services as Weed Inspector, O 50 cents per hour, during the period August loth, 19259 to August .lath, 19250 inclusive, was read, and. motion .by Kitzman second by Wright carried .that the said sum be appropriated from the General Fund and paid for the services mentioned, and that* the City Clerk be instructed to • notify Mr. Schmelzer that, the money available for weed inspection has all been expended and that there will be no more payments made for such service until after the November 1925 tax collections, The claim of .the Rochester Commercial. Association in the mount of $50#00 for July 1925, rent of Women's Rest Rppm in the Civic Association Build- ing, was Lead, and motion by Postier+ second by Wright carried that the City ' Clerk be instructed to notify the said Association that no rent will be paid for these .rooms until such time as the s.eid Association fully complies with the . 11 agreed upon impro'ments at that place. Alderman Wright introduced a resolution appropriating $1000.00 from , the General Rind for use of the Street and Alley Committees which was read. 367 1 h 3 Upon motion by Cook . second . by 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. Alderman Wright introduced 'a. resolution appropriating 41000.00 from the Serer .Fund for %ise of the Street.. and Alley Committee, which .was read. ' Uponmotion by Wright second by Posher 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 Postier ii-Atroduced a resolution appropriating $2000.00 from the Street and Alley Fund for use of the Street and. Alley. . Committee, which was read. Upon motion ;by _Adl,er second by Tright that the said resolution be adopted as reads,, and all, ,voting ;in ;favor thereof, President Weeks declared the said resolu- tion duly passed and adopted. , ,, • , Alderman Postier.introduced.a resolution appropriating $,1000.00 from the Permanent improvement. Revolving Fund for use'of the Street and Alley Committee, 9uhic was read. Upon motion by Cook second by Bach 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,Kit,zman introduced a resolution appropriating :i4P238.01 from the Street and .Alley Fund and ordering payment made to the C. ni. R. R. Co., for freight on a car load of. road oils" il, which was read. Upon notion by Bach, second by .,Cook that _.the said resolution be adopted as re Ct, and all voting in favor thereof, President Weeks declared the -aid resolution duly passed and, adopted. , Alderman ?Citzmaa introduced a, resolution appropriating `G15.00 from the General Fund and ordering payment made to the C. G. W. R. R. Co., for rental of site for election booth for Third District, Third Wards for the year.ending August 20th, 19269 g•-hi eh was read. Upon motion by Adler second by Bich that the said resolution be adopted as reaes and all voting in favor thereof, President Weeks declared the said resolution duly passed and adopted. Alderman Cook introduced a resolution appropriating �b238.45 from the Stree and. Alley Fund and Bddering payment made to the I.Vinona Oil Company for 9041 gallons o- asphaltic road oil, which was read. Upon motion by Wright second by Cook that the said resolution be e4opted a read, and all voting in favor thereof, President Weeks declared the said resolution duly passed and adopteds alderman Adler introduced a. resolution appropriating "$2225.00 from the Street and Alley gund and ordering payment made to the Ellis Motor Company for one 1 �� ton truck, in accordance with contract therefor, which was read. 0 i Upon motion by Cook second. by. Bach that the said resolution be adopt- ed as read, and all voting, in favor thereof, President Weeks declared the said resolution duly passed and adopted. Alderman Adler introduced a resolution fixing. 8 0c1oc1: P. IT. on I Ilugust 31 st, 19?5, as the time for. a .public meeting and hearing on the proposed construction of a concrete curb and tu.tter on Sixth Street Southeast, Third Avenue to Fbur. th Avenue, which was read. Upon motion by Cook second by Bach `that the ^aidresolut?.on -be ad.opt- I ed. as read, and all voting in favor thereof, President Peeks declared the said resolution duly passed and adopted. C. E. Armstrong, City Engineer, submitted plans, profiles, specifica- - • tions, and estimate of cost for the paving�of the alley running North and South across Block 46 in Ori gInal Plat, and also for 'the paving and curbing of Seventh Street, Southwest from Ninth Avenue Southwest to Tenth Avenue Southwest, which were considered by the Common Council, the said estimates of cost being for_ the alley in Block 46, $1401.00 and for the pavin,, and curbing of Seventh Street Southwest, v 2558.00. Alderman Kitzman introduced a .resolution adopting the above mentioned plans, profiles, specifications," etc., for the grading and ;paving of the alley running North and South. across Block 46 in Original Plat., and ordering the same placed on file, ordering the said estimate of cost placed on file,* order- ing, advertisement for .bids to be opened at -8 0' clock P.M., August 31st, 19259 and ordering notice of public meeting and hearing for 8 o'clock PX., Aug -List 31 st, 19259 which was read. Upon motion by Cook second by Wright that 'thy raid resolution .be adopted as read, and all voting in favdr thereof, .President Weeks declared the said resolution 'duly passed 'and adopted. Alderman Beech introduced a resolution adopting the above mentioned plans, profiles, specifications, etc., for the paving of Seventh "Street' South- west from the West line. of Ninth Avecue.'Southwest to the East line•of Tenth Avenue Southwest, with seven inch (7")' one course steel reinforced concrete to a width of twenty-four (24) feet and the laying of an integral concrete curb along both sides of the said paving, and ordering the same placed on .file, ordering the said estimate of cost, placed on_file, ordering advertisement for bids to be opened at 8 o'clock P.M., August 31st, 1925s and ordering notice of public hearing for 8 o'clock P.M., August 31st, 19251, which was read. Upon motion by Cook second, by Kitzman that the said. resolution be adopted as read, and all voting in favor thereof, President t^leeks declared tIxe said resolution duly passed . and adopted. The following claims were read, and on motion by Kitzman second by Bauh carried that the same be allowed and that the Ma' yor and City Clerk be 369 I authorized and directed to draw warrants upon the City Treasurer and make payment accordingly: From the General Rind: Nel son • Motor Sales' Co., $1.00 ; Miller -Davis Coe, $'178.75; C. & IT. ";. Ry. Co., $4.60; Jeffrey & 1.!cPherson, Co., $1.00; Schmidt Printing Co., $2.25; Amiel L. Glabe, $15.00; H: S. Adams, $16.72; From the Fire Protection Fund: Winona Oil Cos, 025,20; From the Street and Alley Fund: Ranson Hardware. Co., S90.42; John J. Kerr, 024.17; Vinn.esota Highway Dept., $ 8.50; ,m. C. stiller, $1,50; C. H. Armstrong, } ].6. 2 1 ; From the, Park Improvement Fund: A. ':,% Bernard; $32.88; Western Union Telegraph Co., $.71; Wtlber Transfer Line, 04-00; Ellis Motor Co., �.50; Hanson Hardware Co.,. 080.68; John J. :Kerrj 10.80; Tri-State Telephone & Telegraph Co.,$15.10 H. S. Adams, $6.00; From the Sewer Rind: C. TI. Armstrong, 415.85. ' The. following recommendations were .read-, and motion by Cook second by Kitzman carried that the. sane be placed on file and that the City Clerk be instructed to prepare a resol4tion'providing for the ad'#ertisembntfor bids for the *materials mentioned therein: 8-17-25 Hon. Mayor and Common Council Gentlemen: In connection with the work of paving and curbing of Second iive. S.W. Center to 3rd, I beg to advise that you advertise for the furnishing of the following-meterial t 190,000 No. 1' 3" vertical fibre out paving brick 22% Rattler test, $$ 7714.00 40 ton paving filler 1000.00 750 barrels portland cement 1B75.00 $ 1058g.00 Respe-etfully submitted, T C. 1_1. Armstrong. " The following communications and the City Clerk's report thereon were each separately reads and motion by Cook second by Bach carried that the same be placed on file, dnd that 'Mr. J. M. Martin be selected . as the Attorney for the apnro- Val of the $v350,000.60 issue of Sewage Disposal Plant Bonds= t n " THE Iff]TNESOTA LOAN AND .TRUST C0.1PANY, Minneapolis, August 13,, 1925., Yr.. A. F. Wright, City Clerk, Rochester, Minne:3ota. ' s Dear Sir: Re: Sewage Disposal Plant Bonds 0350,000.00, T am just in receipt of eurs of the 12th inst., saying that it is now quite definitely decided that your local Sewage Disposal Plant Bond slwill be sold at a meeting of the Common Council of the City to be held September 4, 1925, " and st ing that the City Attorney and yourself are a Oommittee to secure the opinion of.a 370 bond attorney for these bonds' and ask me to tell 7,-hat the cost to the city will be for the .preparation of the balance of. the .papers required, the printing of. the bonds and coupons and, for my legal opinion approving_, the bonds, when sold. Tf there are 350 -to be issued at this time; each. of the denomination Of $1000.00 86nd maturing in accordance q.ith the Resolta.tioh that T' assume' was adopted at the Election. of August 19th, 19240- dated. September 1, .1924, with interest at the .rate of 4 3/4 % per* annum payable ' semi-annually on the fir. st day of June and. Dec, of each year - maturing $$159000 on the First day of Dec. in each of the years 1925. to 1930, inclusive, 118,000.bo on Dec. 1, in each of the years 1931 to 1940, both inclusive, and $20,000.00 on D.ec.lst, of each of the years, 1941 to 1944, both inclusive., - the printers here give an estimate for,the printing of the bonds and coupons of about $165.00. T find from my files th..t T gave this bond. question conside-nable attention in July and August, 1924, but I have had no evidence of the results nor has the matter been brotght to my attention since your letter of Sept. 3, 1924 * w4i ch. was in .reply to -mine of ' the day before ask*� ng for information as to how many of the bonds or what maturities, if not all of them, mere expected to be sold at that time. Your .reply was -to the effect that there were. a number of interests fluctuating that r.em,,tined to be allocated before you world. be - enabled to give the information as to how many of the bonds *e"e to be Put'up-, on the market. Since then, I do not appear to have heard from the 1,?atter until - your letter of the f2tli insi. As you say, the time is short but I assume that not only the amend- ment to the Charter of March 11, 1924 w,?s duly" adopted but that the Election of August 19, 1924, was legally conducted and resulted in the bonds being auth- orized but also that the same are within the debt limit of the city and thL..t due proof of the same can be 'and will be furnished and that there remains but the resolution adopting the form of the bonds and providing' for their. sale This Resolution, T wi-ll be glad to prepare and forward and ITshall be 9-lad to give my opinion as to the re•�ularity and ,validity of the proceedings upon having certified transcripts forwarded to me, for which services my cliarge would be $250,006 T will outline upon .a. separate sheet the general.,repirements as to the transcript of proceedings necessary to show the regularity and legality of the proceedings in such case. �. As to the Resolution piqescribing the form of the bonds and providing for their se,le, ij all the bonds are not now to be offered for sale, T would Like the' facts before drafting the resolution and would like to know the date of the meeting of the Council at which action upon the Resolution is to be taken, 'remembering that there must be " at least two weeks publication of the notice of sale of the bonds " after the same has been adopted by the Common Council.. The sale must bemmade in accordance with the provisions of Ch,299 of the General Laws of 1923. . I shall be glad to hear from y©u promptly in this matter_ and I am J 9f-MO'L Very truly yours, J. M. Martin. " " S CFNT. TT, MOODY & S CHMITT, . St. Paul, Minnesota, + 0 Mr.- A. F. 7 ri ght, City Clerk, Rochester, Minnesota. Dear_ Sir: August 15, 1925. t 1 I hand you herewith my proposal to furnish a complete, legal service in connection with your proposed Issue of Sewage Disposal P l ant Bonds. You advise that this issue will amount in. the aggregate to the sum of $g60,000. In the event it should be more or less -the '371 cost can be prd-rated on a percentage basis. From what you say regarding. the times when you %rill want this money, I do nqt believe that the City will. gain anything by having an Eastern Attorneys opinion. ; iipwever., should it later be found advisable to secure such an -opinion, I will secure same and furnish it to the City at actual cost. This cost will not be over. ��260 and T belir_ve that T will be able to secure for less. 'I have recently furnished this service for Le Sueur County and know that they aren,ell satisfied. You are, at liberty to write to Mr. McMillen, County Auditor, Le• Sueur Center., ?finnesota, for information as to the character of this service. I can also furnish other.references if you desire. My plan is to make this service as much of a practical one as a legal service. �fy experience in buying Minnesota municipal bonds over a Period of years has helped me in this. Under this service I am working directly $or the interests.of thet City and am only interested in the sale `of bonds to the extent of doinlg all I can to secure a favorable price for the City. Yours truly, R. W. Moody: " " August 15th, 1925. Honorable Mayor and Common Council, City of Rochester, Minnesota. Gentlemen: A8 a member of the Committee- appointed to secure the opinion of a »eco�rmized bond attorney in the coming issue of local Sewage Disposal Plant Bonds, I submit herewith the proposal of J. 1.4. Martin, Counsel for the Vinnesota Loan &. Trust .Company of ?:iinneapolis, wherein he offers his services in. the preparation of .the balance of papers required, his services in rendering an opinion onythe legality of these bonds, and the printing and furnishing of the bonds. at a total cost of $415.00, and also the proposal of Harold W. Moody of Schmitt, Moody (and Schmitt of St. Paul, to complete the papers !nd furnish the opinion of the said firm and of Mr. Ambrose Tighe of St. Paul, for —a total of $860.00 vdth approximately $260.00 added if a New York opinion Is also desired, neither of which amounts quoted by Mr. Moody includes the cost of printing and furnishing of the bonds. which will be a;,)proximately $175.00 . On account of the wide difference in the quotations, these offers axe.before you for discussion and action thereon,as I do not care to decide which shtill be accepted, thus leaving you to decide whether thehigh price services will brim; us that such more in the price for our bonds or whether the opinion of '.fir. Martin t�ho. apptoved 03509000.00 of our Light Bonds, is' of standing that gill command a market equal to Mr. Tighe and Schmitt, Moody and Schmitt. Respectfully submitted, A. F. 1Vri {?,ht; Y CITY LRK. " Mbtion by Cook second by Adler Council adjourned to Au`2_ustl9th, 1925, at 8 o'clock P.14. -, �9- t 41