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HomeMy WebLinkAbout11-09-1925Minutes of an ad jou►,ned regular meeting; of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in said City, on. November 9th, 1925, at 7:30 o dock P.M. Meeting called to order by President Y'Geeks. Roll Call: Present: Weeks, -Mier, Bach, Kitzman, Pcstier, Wright, Absent: Cook. Motion by Kitzman second by Wright carried that the minutes of the meet— ing held on October 26th, 19250 be approved, This being the time and place fixed for the opening of bids for the con— struction of a steel riveted girder bridge over the 4umbro River on Third Avenvr, Southeast, the following bids were opener? and .read: Ormond & Feller, completed bridge 4$3390.00, extra concret^ in place, per nu. yd. $4,?6*00, e�.tra piling other than specified per fts in place $1.009 extra reinforcing steel other than specified per lb.-.Un place 7 cents, extra structural steel per lb. in place 10 cents; Theodore Jenson, $3845.009 extra concrete 35 cents, extra piling 4$1,25, I extra reinforcing steel 5 cents, extra structural steel 8 cents; Independent Bridge Co., completed bridge $3916.001, extra concrete 035.00, extra piling $$1.25, extra reinforcing steel; 7 cents, extra structural. steel, 10 cents. ' On motion by Kitzman second by Wright the said bids were referred to the City Engineer for tabulation and recommendation. Alderman Cook came in at this time- and took his Chair. The report of the City Engineer .for the month of October 1.925, showing i i t eYpenditures for labor from the General Fund of $_ 329.70, from the Street and Alley Fund of $211708.55, from the Sewer ` blind of $1i8.58, from the Bridge Rind of 804.00 and I i from the Permanent Tmprovement RevolvingFund of 014 r f m+4.65, was re and and on mention I by Adler second by Kitzman the same was referred to the Street and Alley Committee. ' The report of the Clerk of the Municipal Court for the week ending October 26th, 19251, showing criminal fines collected in the amount of $2-j. 20 and civil fees received in the amount of $2.85, for the week ending November 2nd, 19259 shov,,Ang criminal fines collected in the tunount of v78.00 and for the week ending November 9th, 1925, showing criminal fines collected in the amount of 87.00, were each separately read, and on motion by Bach second by Cook the same were referred to the City Attorney. The'applications of the Y. IV. C. A. for permit to place and maintain a si 7n on the boulevard at the corner of Second Street Somathwest and Second Avenue Sout�— i west and on the boulevard. at the corner of Second Street Southeast and First Avenue ;i Southeast, and on the boulevard at the corner of Fourth Street Southwest and Second 11 Avenue Southwest, were each separately read,, and on motion by Postier second by it R 8 ;i ?right the, saint were referred to the Street and Alley- Committee. The application of Co. C. 205th Tnf. Minnesota National Guard for i 'i license to conduct a roller skating rink in the National'Gua.rd Armory for one month beginning A?ovember 27'th`, 1025, Tas read, aj� .d on motion by Po^tier- second by Cook_ license 9-as granted at a -fee of t$25.00 for the said. period. The f-*-)llowing copy of resolbtion ras read, and on motion by Cook j second. by AcIler the same- cr,,,as placed on file: "Be it and it hr.:reby resolved by the Public Utility Board of the City of Rochester., V{i_nne.sota, t ,!it the contr-a(t .fortthe furnishing to the City of Rochester of 7000 tons of 2" sc-,eenin?s, with the Privilege of a later c�.n- cellation of 2000 toils, in accordance with sneeifications on file, be avardecc, to the Rochester. Tce and PUel Company for Premium Harrisburg Saline. Ccr., Screenings at a price ofP4.91 per Ton:, F'.O.B. Cars Rochester., Tfinnesota; and Be it &rid it is hereby further resolved by the said. Board that; the Hon. Common Council be and is hereby asked to authorize the said Board to enter into contract accordingly. On mOtion by Cook second by Kitzman the 1.Rayor and City Clerk were authorized and directed to straw a duplicate of warrant No. 10636 heretorore drawn payable to the order of ,Tohn L. Molde in the amount of 90 cents and that is - ,i payment be stopped on -the original warrant, The fol.lo?7inf7 communication was read,, and on motion by Postier second by Wright the same wa,s reFerred to the Public Grounds Committee: " Rochester, Minn., Nov. 3r.d, 1925. Vr. A. F. Wright, City Clerk. Rochester, Minn. Dear Sir: s Kindly accept our thanks for your check for "$50.00 covering rent of Ladies Rest Room for the month of October. We note that in your letter of July llth that the Common i Council abcepted the rental of these quarters effective July Ist at i a consideration of $50.00 a month,, and as these quarters have been used since July lst, we would gr�atly appreciate your check for the ! months of July, Aug, and September which amounts to $150.00. i Trusting that you will give this matter your, immediate attention, we remain Yours very truly, RO CHESTER COMMERCIAL ASSOCIATION. • Spencer M. Knapp. 'Secy. i A communication from the Park. Board showing valuation on buildings '! moved. from Mayo Park`4ourist Park and Mayo Field, was read, and on motion by Cook second by Kitzman the City Clerk was instructed to make transfer upon his records accordingly, the valuation of the buildings moved to the Tour] st i I Perk being .600.00, and for the one moved to Mayo Field $300.00. � i The following recommendation was read, and on motion by Codk second by Kitzman the same was ordered placed on file: " 10 - 9-- 25 Kon. Mayor and Common Conned, Gent 1 emen a 519, T beg to report that the bids for construction of steel_ and concrete Bridge in 3rd Ave. S.F., across the Zumbr.o River are as follows: Ind. Bridge Co., $3915.00 Theo. Jensen, 7.845,00 Ormond.& Peller., 3590.00 T recommend, that the contract be awarded to the I.ov.,, bidder, viz: Ormond & Feller. Respectfully, C. H. Armstrong, City Engr. u Alderman Kitzman introduced a resolution authorizing the Public Utility Board to enter into contract with the Rochester Tce & Fuel Co., for 7000 tons of 2" coal sereenings at a price of $4.91 per ton F.O.B. Rochester, lAiniiesota, and fixing the amount of the bond to be given by the said contractor at. the spun of "$34 , 370. 00 , which c^ras 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 resolu- tion duly passed and adopted. Aluerma,n Cook introduced a resolution accepting the above mentioned bid of Ormond & F-11er for the construction of a steel riveted 'girder bridge across the Zurnbro River, on Third Avenue Southeast and fixing the amount of the bond to be C�.i ven by the said contractor at the sum of $3400.00, which was read., Upon motion by Wright second by Cook that the said resolution be adopted I as read, and all voting in favor thereof, President Weeks declared the said re.solu- Lion duly passed and adopted. On motion. by Bach second by' Cook the certified checks of the unsuccessful bidders for the construction of the above mentioned bridge were each returned to them. Compensation. i.nsuran.cp cpvexir.,g City employees and appointive officials was considered by the Common Council. Tn the award of this insurance to a local agency the names of the local agents were placed in a hat and upon the drawing, the slip representir9T. F. Kennedy Iwas drawn, and accordingly the insurance was allotted to his agency. Motion by Bach second by Cook carried that T. F. Kennedy be requested to write. compensation insurance covering all City employees and appointive officia? s with the exception of Vie. Public Utility Department, wi.t.h the advanced estimated premium fixed at the sum of $900.00, and with provisions for quarterly audit to fix_ future premium payments. On motion by Bach secon6 by Adler the City Clerk was instructed to notify the Park Board that this compensation insurance has been taken upon their appointive officials and employees P,nd that their find a21.1 be billed for the premiums as they 520 jl 9,ree paid. and that, the City Clerk notify the TTealth Officer that this compensa- tion insurance has been taken on the appointive. officials and employees of the � Cite of Rochester^, "innesota, with the exception of.the -Public Utility,Lepart- m„ent, and that accordingly the City Farm Fund wil.l.be billed for the share of tlic- premium which covers the City Farm employees. Alderman Cook introduced the f cllcc;,ing resolution, which was read: "j'TTYRFAS, the Common Council of the City.of Pochester., r�innesota, has, prior to the year 192-5, levied a tax of $3500.00 for financial assistance in +,hc op( -ration of the City Fa•r-ra, that is, to cov:!r the exi -nses of the collec- tion of rccidence, arbage within_. said City and the disposal thereof, and Vt'FTK�YEAS, the Common_ Council of thy: City of P.o chc st cr, T:Tinne sot a, has, prior to the ,year 1.925, levied. a; tax of $2000,00 for salaries of assistants, and employees of the Hoard of Health and the expenses of the operation of the Health Department of said City, and i 17TTEP AS, on tie, 2nd day of February 1920, C. TT. Mayo and Edith G. i Vayo, his wife, did deed to the City of Rochester, Vinnesota, the !lest, 30 acres of the N . 71.-4 of the S. W..+. of Section 7 and the East 2 rods in width of that pant of the W. 30 acres of the S.w.-4 of the N.W.-4. of said Section 7 l,ying South of the Rochester and Varion Road., as then located, all in the Township 105 North of Range 13 West, conditioned that the said property together with the income and proceeds shall be used for public health purposes in said City, cinder the supervision, control and Management of the PoArd of Health -of said City, which said warranty deed was accepted by the Common Council. of the said City under date of March 1st, 1920, and ITME'REAS, the above mentioned income and proceeds and the above men- tioned tax levies have been insufficient to carry the expense of the operation of the TTealth Department of said City, with consequent deficit of aTTProxima•tely ,$5000.00 at this time, and 1 j'VXIEREA S, the Common Council of the City of Rochester, Afi nnr_. sot a, did for the jear 1925 levy the bum of $7750.00 for salaries o:f Vealth Officer , Deputy TTealth Officer, assistants and. Fmpldyees of the Board of health and the expenses of the operation of the TTealth Department of the City of Rochester, wb.i ch said sum was levied with the consideration that on and. after April 1st, 190-6, the disbursements for such will be through the Common Council of said City and the above mentioned officials will be taken on to the City pay roll. as duly qualified officials of said City, provided that they can qualify under the law as such, and that on and. after that date all profits from the operation of the above described premises and equipment will be turned into the budget division made and provided for by the said 1.925 tax levy to be disbursed for purposes as therein set forth, with the exceptidn that the above mentioned. approximate deficit is to be paid over from profits in the meantime, either to the ARayo Clinic Health Fund or to ?ors. 1T. TT. Witherstine as part payment on. the purcll.s3e of her property for a Public TTealth Centef and the later use of it as a Library site, in which latter. ct.se the Mayo Clinic Pvblie TTealth Fund shall waive their cl.eim for deficit. SO BE TT RESOLVZE by the Common Council of the City of Ro chc st cr 1"hEt on April 1st, 1925, and until repealed -by a further resolutionji the payment for salaries and expenses of the operation of the Health Depart- nent shall be as defined and set forth in the paragraph next preceding this, with the operation of the. so-called City Farm to continue as it has since its acceptance by the City of Rochester, Minnesota, with the excepti.oi; of the above provided for disposal of the profits from its operations " ; t Upon motion by Adler second by Wright that the said resolution be adopted ta.s rcad, and all. voting in favor thereof, President Weeks declared the said resolution duly passed and adopted. Upon motion by Adler second by Cook the City Clerk was instructed +.o serve a certified cope of the above resolution upor. Dr. C. 7. Vayo, TTealth 521 Officer,and make request that he confirm by letter as to whether or not the provision incorporated therein are agreeable to him. The following communication was read, and motion by Bach second by Cook carried that the same be placed on file and that such an appropriation is hereby approved by this Common Council: "The Honorable Mayor and Common Council, City of� Rochester. Gentlemen: At a meeting of the Board of Trustees of the Firemen's Relief Ass, on Oct. 22, 19250 it was unamimously voted to pay for half of the Gamewell Fire and Police system which you are contemplating putting in. Respectfully submitted, Peter Mackey, Sec. " On motion by Cook second by Back the City Clerk was authorized and direct- ea to secure a new official seal for the City of Rochester, Minnesota. The following .recommendation made by the City Attorney, was read, and on motion by Kitzman second by Cook the same was ordered placed on file: Honorable Common Cpunpil, City of Rochester, Minnesotas Gentlemen: " Rochester, Minnesota. November 9th, 1925. The matter of the bill of St. Nary's Hospital for isolation hospital expense incurred in the case of Catherine Moore of Port Arthur, Texas, having been referred to me for legality, I report as follows: T$at the state law requires the City to take all necessary steps to curb the spread of contagious and infectious diseases and the fact that Miss Moore was not a resident of this city. would not exempt the city from the payment of this bill. I therefore recommend that the same be paid by the City of Rochester. Respectfully submitted, James T. Spillane, City Attorney. " The claim of St. Mtry's Hospital in the amount of 027,50 for Isolation Hospital service in the establishing, maintaining and releasing of quarantine in the I - case of Catherine Moore of Port Arthi'., Texas, as a typhoid fever patient , 11 days October 22nd, to September 2nd, 1925, was .read, and on motion by Cook second by Wright the said sum was appropriated from the General Fund and payment ordered, and i the City Clerk was instructed to bill the County of Olmsted. for one-half of the sAid 522 ,I i� charges. jI The claim of TT. A. Rogers Company for $193.21:'for eighteen sets- of j Sewage Disposal Plant plans and specifications, was .read., and on motion by • Cook second b Adler the said sum was appropriated Ppropriated from the Sewage Disposal i Plant Fund and payment ordered. I The following Special Committee report was read, and on motion by Postier second by Kitzman the same was ordered placed on file: " Rochester, Minnesota , November 9th, 1925. Honorable Common Council, City of Rochester, Minnesota. Gentlemen: The matter of the application of the Tnterstate Povi)er Company for permission to collect a minimum charge of $1.00 per month from all parties connected with their mains in the City of Rochester having; been referred to the undersigned Committee for .report and recommendations, we beg to .report as follows: We believe that the application of the Tnterstate Power Company should be granted by the Common Council, but that the right to collect the said minimum charge of $1.00 per month should be allowed only until the first day of January, 19270 We, therefore, .recommend that the ordinance regulating the sale of gas in the City of Rochester be amended so as to allow the said minimum charge to be made during the period ending December 31st, 1926. Respectfully submitted, _—James T.-Spillane _ A. Le Adler A. M.A. 1 ach, . Chas. Wright_ On motion by Bach Second by Wright the City. Attorney was instructed to draft an ordinance amending the franchise of the local Gas Company to the effect. that they be allowed to collect a minimum charge of 01.00 per month during the period to and including December 31st, 1926. A communication fromlt:the City Engineer recommending that a reegard of $500.00 be offered, for information leading to the arrest and conviction of .j Ithe driver of the automobile that wad responsible for the death of Christopher F. Fritsch, Assistant City Engineer, and the serious injury of Otto Wilke, a City employee, was read, and on motion by Postier second by Ccbok the sal -He was ordered placed on file* Alderman Kitzman introduced the following resolution, which. was .read: "WHEREAS, the City of Rpchester, Minnesota, has heretofore entered ,into contract for making local public improvements in said City during the year 1925, which improvements are to be paid for out of the Permanent Tmprove- 1:ment Revolving blind of said City, from the proceeds of the speci,_,l asse:.:sme.nts ;I 1 evi ed by the said Common Council of the said City during; the year 1925, and 7EREAS, there is not sufficient money in said Permanent improvement ,,Revolving Plznd to make the payments for the said local improvements as the ,, same become due, and 523 179EREAS9 the Common Council of the City of Rochester, Uinnesota, deem it necessUry for the purpose of maintaining the said Permanent Tmprovement Revolving Fund and providing money in advance of and in anticipation of the collection of special assessments levied. by the said Common Council of said City of Rochester, to issue, negotiate and sell the bonds of said City of Rochester to. the aggregate amount of $10,000.00. NOW TTTEREFORE, Be it and it is hereby resolved by said Common Council: That said Common Council, for the purpose aforesaid, does hereby issue the bonds of the said City of Rochester, Vinnesotr., in the aggregate amount of yp10,000.00, said .bonds shall_ be in demoninations of 8500.00, each, and --numbered one (1) to twenty (20)., both numbers inclusive, all payable to bearer, and the sum of 4�1000.00 of the principal of said ,bonds shall be due on ?)ecember lst, of each of the years - 19,26, 1927, 1928, 1929, 1930, 1931, 1932, 1933, 1934, and 1935. Said bonds shall bear date December 1st, 1925, and interest at the rate of four and one-half (4�-) �ercent per annum, from said date, payable semi-annually on June ls•t, and December 1st, of each .year, with the interest to be evidenced by coupons attached to said bonds. I All principal and interest shall be payable at the office' of the City Treasirer in the City of Rochester, Vinnesota, out of the Permanent Tmprovement Revolving Fund of said City, and' if there be not sufficient money in said Fund for that purpose, then out of the General Fund of said City. The said bond and interest coupon thereto attached shall. be substantially in the following form, viz: TTNTTED STATES OF IVER.T_ CA STATE OF VTNNESOTA, COUNTY OF OLMSTED CTTY OF RO CH :STER. permanent Tmprovement Revolving Fund Bond. K_NOITV ALT., IfEN BY THESE PRESENTS: That the City of Rochester in the i� County of Olmsted and State of Vinnesota, acknowledges and certifies that it is indebted to, and, for value received, hereby promises to pay: to the bearer, on T)ecem- ber first, 19_ , the sum of Five Hundred (500) Dollars, together with interest on said sum from the date hereof until paid at the rate of four and one-half per- cent, per annum, payable semi-annually on the first day of June and December in each I year hereafter, both principal and interest payable in lawful money of the United States of America, at the office of the City Treasurer of the City of Rochester, Vinnesota, out of the Permanent Tmprovement Revolving Fund, of said City, or if there shall not be sufficient moneys in said fund to pay the same when due, then out of the General Fund of said City, and for the prompt payment of this Bond at maturity, i� with interest as aforesaid, the full faith and credit of the said ,City of Rochester I� is hereby pledged. . This Bond is issued for the purpose of maintaining the Permanent Tmprove- ,tient Revolving Fund of saki City, and for the purpose of providing funds in advance of, and in anticipation of the collection of moneys to be derived from special assessments heretofore levied, but not paid, for the making of local improvements in the year 1925p Tn. Witness Whereof The City of Rochester by its Common Council has caused this Bond to be signed by the Mayor and attested by the City Clerk and the corporate -seal of the City to be affixed hereto and has caused the annexed interest coupons to be signed by said Mayor and City Clerk by their respective fac-simile signature, and said Mayon and City Clerk do, by the execution hereof, adopt as and to their own proper signatures, their fac-simile signatures, appearing on said coupons, all this December. 1st, 1925. Mayor of said City. Attest: City Clerk of said City. i; No. On the first day of June (December), 19_,_, � 22.50. 1" The City of Rochester, in the County of Olmsted, and State o,f Minnesota, promised to pay to bearer Twenty-two Dollars and Fifty Cents at the office of the 524 IL I City Treasurer of the City of Rochester, Vinnesota, day on its Revolving Fund Bond, No. Dated December 1., 1925. �I Attest: City Clerk, No. for interest due on that Mayor of said City. Be it further resolved by said Common Council: That the Mayor and City Clerk of said City are hereby authorized. and directed. to make,.prepare and execute the said bonds of the City of Rochester, Ifinnesota, in accordance herewith, and to make delivery of said bonds to the City Treasurer of the said City, who will in turn deliver them to' the purchaser thereof, upon the payment of the purchase price, and place- the ninc,s realized from the sale in the Permanent Tmproiaement Revolving Find of said City, for disbursement fo,r the purposes stated herein. Be it further resolved by the said Common Council: That the City Clerk of said City be and he is hereby directed to Publish a notice, as required by law, of a meeting of the Common Council of said City, which is directed to be held in the Council Chambers, in the City Hall, in said City, on the 30th day of November., 1925, at 7:30 o'.elock P.M., for the purpose of opening and considering bids for said bonds, in the Roches- ter Post -Bulletin,. a legal newspaper printed and published in said City, and the official newspaper thereof,* " i Upon motion by Adler second by Cook that the said resolution be adopted as read, and all voting in favor thereof, President lVeeks declared the said resolution duly passed and adopted. , Alderman Bach introduced a resolution appropriating, $701.56 from the Park Tmprovement Trund and ordering pak lent made to the Mayo Trust Fund as the balance for pay rolls during the period for the weeks ending August 2nd, 1925, to October 2nd, 1925, in accordance with sworn billing made by Wm. Enke , Secretary of the Park Board, under date of October 5th, 1925, which was read. Upon motion by Bach second by Wright that the skid resolution be adopted as read, and all voting in favor thereof, President Weeks declared the said resolution duly passed and adopted. Alderman Postier introduced the following resolution, which was read: "Whereas, the matter of the Estate of George Healy has not been re- ported to the ' Common Council of the City of Rochester, although numerous .requests therefor have, been made through city officials to Burt W. lsaton, and Whereas, the Common Council of said City now desires that a -report on the said estate be submitted as soon as practicable; ---Therefore, Be it .resolved. by the Common Council of said City: That the City Clerk of said City be and he is hereby ordered and directed to notify the said Burt W. Eaton of the desires of the said Common Council and request that the said report be submitted* Be it further resolved: That the said Burt W. Eaton be furnished with a copy of this resolu- tions " �, II 525 I 10 Upon motion by Wright second by Postier that the said resolution be adopted as r. eao,, and all voting in favor thereof, President Weeks declared the said resolu— tion duly passed and adopted. Alderman Adler introduced a resolution fixing 7:30 o'clock P.M., November 23rd, 1925, at the Council Chambers, in the City Hall, in said City, as the time and place for a hearing on the proposed grading to an established 1-;ra,de line and to a r:ridth of thirty feet of Second Street Northeast between the East line of Second Avenue Northeast and the Zumbbo River, and ordering public notice thereof, which was read. , Upon motion by Cook second by Adler 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 following claims were read, and on motion by Kitzman second by Cook the swine were allowed and the Mayor and City Clerk were authorized and directed to draw warrants upon the City Treasurer and make payment accordingly: From the General Fund: L. C. Smith & Bros. Typewriter Co., $4.00; C. & N. W. Ry. Co., $4.50; East Side Welding and Cutting Shop, $2.00; H. S. Adams, $22.24; Rochester Plumbing & Heating Co., $11.38; Union National Bank, $2.00; School District No. 8, $1.80; City of Rochester, Water Department, $104.05; From the Permanent Improvement Revolving Fund: Priebe & Fratzke, $.70; From the Street and Alley Fund: Iffiest & Postier Co., $1.90; 0. G. Hanson & Son, $3.70; The Liddle Hardware, $3.00; August Anderson, $4.50; Service Motor Co., $1..00; V. Nelson, $2.50; Kos Bros. Tire Shop, $1.50; Western Union Telegraph Co., $3.19; Ellis Motor Co., $1.95; From the Park Improvement Fund: Kruse Lumber & Coal Co., $77.78; Priebe & Fratzke, $1.50; Kruse Lumber & Coal Co., $2,66; Rochester Oil Co., $1.12; City of Rochester, Water Departmeht, $116.91; From the Sewer Fund: Kruse Lumber & Coal Co., $21.2Q. Alderman Postier introduced the following resolution, which was read: i n and 'Afhereas, Christopher Fritsch and Otto Wilke, City 0 ffi ci al/ employee, , respectively, of the City of Rochester, were, on the 5th day of November, 1925, struck by an automobile while repairing pavement in First Street Southwest between Fourth and Fifth Avenues Southwest in said City, and j Ahereas, the said Christopher Pritsch died as a result of injuries received at the said time and the said Otto Wilke was seriously injured as a result of the said collision, and Whereas, the driver of the said automobile causing the said death and in— jury as aforesaid did not return to the scene of the accident as provided and requir— ed by the law'of the State of Minnesota; Therefore, Be it resolved by the Common Council of the City of Rochester, Minnesota; That the said Common Council does hereby offer a .reward of Five Hundred ($$500 00) Dollars for information leading to the arrest and conviction of the said driver of the said automobile striking the said men as hereinbpfor. a set forth. " � 5�6 i Upon motion by Cdak 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. Motion by Postier second by Adler,carried that the City of Rochester, i Minnesota, does not care to use the space assigned for it on the American 'i Legion electrically illuminated sign which is to be installed on the City Nall -rounds and. that the space be offered. to them to make such use of it as they �) may see fit. Alderman Wright introduced the following resolution, which was read: "Be it resolved by the Common Council of the City of Rochester,inne- sot a: That the sum of 8800.00 be ,,,nd the same is hereby, appropriated from the General Fund and the same to be .reimbursed by the Public Utility Fund of said City and ordered paid to John Roseboom and Mae Roseboom, his wife, N. A. Roseboom and Jessie Roseboom, his wife, and Garrett Roseb&om, as payment for lands, damages to lands, fencing, construction of cattle pass and all expense incidental thereto excepting the gru.bing and grading of the said land so taken for a aublic highway, described as follows, to wit: Sn the County of Olmsted, and State of ??innesota, a strip of land two (2) rods in width being one (1) rod in width. on each side of a center line described as follows: Commencing: at a Point on the North and South center line of Section Two (2) , Township One hundred eight (108) North, Range Fourteen (14) West, which point is Eleven. hundred- sixteen and one-half (11162) feet South of the Northeast corner of the Northwest Quarter (NVa) of said Section Two (2) , running South 770 30' V-Test 992 feet, thence South 63° 15' West 407.5 feet, thence North 69° [Jest 70 feet to the West line of the East one-half (E-4) of the Northwest Quarter (NW-4) • of said. Section Two (2), for use and to .be used as a public highway. The Mayor. and City Clerk of said City are hereby authorized and directed tb drak a warrant for the said sum upon the City Treasurer in accord- ance herewith and cause said payment to be made. " ' Upon motion by Adler 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. ''The following resignations' was read, and on motion by'Bach second by Wright the same was accepted: • " November 9th, 1925. Honorable Mayor and Common Council, City of Rochester, r,tinnesota. Gentlemen: I hereby tender my resignation as Alderman of the First Ward in the City of Rochester, effective at once. Respectfully submitted, - John J. Cook. f Alderman of the First Ward. " 1 The following appointment was read; and on motion by Katzman second by Postier the same was approved. and ordered placed on file: 11-9-25 Hon. Mayor and s Common Council, a i ;i Gentlemen: 527 I hereby a;')point Mr. John J. Cook to the position of First Assistant City Engineer, to complete the unexpired term of Mr. Christopher Fritsch, who was killed by being struck by an automobile while in the discharge of his -duties. P Respectfully submitted, C. F,. Armstrong, City Engineer. " Motion by Adler second by Bach carried by all voting in favor thereof that A. A. Hicks be appointed as. Alderman of the First Ward of the City of Rochester, Minnesota, to fill the unexpired term of John J. Cook, resigned, being the period until the first Monday in April 1926, and until the successor is elected and qualifies A. A. Hicks came into the Council Chambers and the following warrant of appointment was read to him, after which he took and subscribed to the oath of office as Alderman of the First Ward of the City of Rochester, Minnesota, to fill the unex— pired term of John J. °Cook, resigned, and then took his Chair as sucht "State of Minnesota, County of Olmsted,, s s e City of Rochester. The; -.Common Council of the City of Rochester, Minnesota, To A. A. flicks. + WHERRAS, a vacancy has been made in the office of Alderman of the First Ward. of the City of Rochester, Minnesota,` through the resignation of Alderman John J. Cook; SO THEREFORL, you, A. A. Hicks, are hereby appointed by the Common Council of said City of Rochester, Minnesota, to the office of Alderman in and for the First Ward of the City of Rochester., Minnesota, to hold office until the first Monday in April 1926, and until your successor is elected and qualified. Witness the signature of the members of the said Common Council this 9th day of November, 1.925. T. M. Weeks, President of said Common Council, A: E. Adler Bach Attest: A. F. Wright, Mike Kitzman City Clerk. fi. J. Postier (Seal of the City of Rochester, Minnesota.) Chas. Wright. Aldermen of said City The written appointmentl effectiveon this date,by the President of the Common -Council of H. J. Postier, to be Chairman of the Street and Alley Committee, due to the -resignation -of Alderman Jdhn J. Cook, was read, and on motion by Kitzman second by Wright the same was ordered placed on file. r On motion by Kitzman second by Wright Council adjourned to November 23rd, 1925, at 7 : 30 o'clock P.M. CITY CLERK. PLe