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1927 December Council ProceedingsRegular Session, December 5th, 1927 373 CITY COUNCIL (Official.) Session December 5th, Regular 1927. Council met at 4:30 P. M. .'resent —City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser, Schrempf, Yount. Mayor Melchior stated that this is the regular monthly meeting of the Council for the dispatch of such business as may regularly come be- fore the meeting. Ordinance No. 191. Amending an Ordinance entitled "An Ordinance regulating street traffic within the City of Dubuque, having passed up- on first reading November 23rd, 1927, presented and read a second time by its title. Councilman Meuser moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. ' Nays —None. Councilman Maclay moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. The Ordinance was then read a third time by its title. Ordinance No. 191. An Ordinance amending an ordin- ance entitled "An Ordinance regu- lating street traffic within the City of Dubuque; prescribing rules and regulations for the use of streets, alleys, boulevards and avenues by motor and other vehicles; providing a penalty for the violation of the provisions hereof, designating this Ordinance as the "Traffic Ordinance of the City of Dubuque" and repeal- ing Ordinance Nos. 102, 122 and 125, heretofore adopted by the City Coun- cil of the City of Dubuque, and amendments thereto, by prohibiting a left hand turn at certain street intersections. Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance en- titled "No. 173. An Ordinance reg- ulating street traffic within the City of Dubuque; prescribing rules and regulations for the use of streets, alleys, boulevards and avenues by motor and other vehicles; providing a penalty for the violation of the provisions hereof," designating this ordinance as the "Traffic Ordinance of the City of Dubuque," and repeal- ing Ordinances Nos. 102, 122 and 125, heretofore adopted by the City Coun- cil of the City of Dubuque as amend- ed by adding thereto a provisions prohibiting the left hand turn by vehicles upon Main Street and Lo- cust Street at certain street inter- sections, said provision to be known as Rule No. 10 /2, Paragraph 889, Section 2, and shall be as follows: "Rule 101/2_ The drivers or oper- ators of vehicles shall not be per- mitted to make a left hand turn at the following nanled street inter- sections, to -wit: "On Main Street at West 4th Street, West 7th Street, West 8th Street, West 9th Street and West 11th Street. On Locust Street at West 8th Street. Any person vio- lating the provisions of this ordin- ance shall be punished as provided for by Paragraph 889, Section 12." Section 2. This ordinance shall be in force and effect ten days from and after its final passage and pub- lication as provided by law. Passed upon first reading this 23rd day of November, 1927. Passed, adopted and approved up- on final reading this 5th day of December, 1927. H. G. MELCHIOR, Mayor. ED. SCHREMPE, JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times- Journal newspaper Dec. 6th, 1927. JOHN STUBER, City Clerk. Councilman Maclay moved the adoption of the Ordinance. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of the Interstate Power Co. for permit, to excavate for and construct a manhole and under- ground conduit on East 7th Street, directly South of Lot 28, Block 14, immediately West of their Power Plant. This proposed conduit will run from a point directly north of Lot 9, Block 14, on what was for- merly East 8th Street, now vacated, south to manhole above referred to. They also desire permit to lay this conduct across the alley in said 374 Regular Sesion, December 5th, 1927 Block 14 at a point directly between Lots 9 and 28. Councilman Maclay mover that the prayer of the petition be granted. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays -None. Bonds of Berg - Arduser Co. to oper- ate their sign in front of their place of business at 575 Main Street, and the Reo Sales Co. to operate ,their ' sign ,at 414 Central Avenue, present- ed for approval. Being properly executed, Council- man Yount moved that the bonds be received and placed on file. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. • Nays —None. Report of the City Waterworks for the month of November, 1927; and report of the City Auditor for the month of Nov., 1927 and report of the City Treasurer for the month of November, 1927, presented for ap- proval. Councilman Schrempf moved that the reports be approved and placed on file. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of O. Papin, stating that he is the owner of certain property West and East of the northern part of Lake Peosta, that at the present time there is no road leading to his property, which has been brought to grade or construction, permitting to get to said property. That a certain street, namely Sumner Street, 64 feet wide, leading from Beach Street to his property is laid out but that said street is not so constructed as to be usable for vehicles of any sort; that your petitioner desires to build a hard - surfaced road 10 feet wide on Sumner Street from his property to Beach Street; that he contemplates building his road at his own expense and that he asks authority and per- mission from the City Council to construct said road. Councilman Maclay moved that the petition be received and filed, and the Engineer be instructed to make plans and estimate of the cost of a sewer in Hawthorne Street and report to the Council. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of Jos. H. Rhomberg ask- ing that, Wall Street be graded from the Levee to East 4th Street; also a petition asking that the City Council exclude from the fire district the following property: Block 3 -4 -5 and 6 and Lots 34- 35 -36 -37 and 38; Block 11 in Dubuque Harbor Improvement Company's Add. Councilman Maclay moved that the petitions be referred to the Council to view the grounds. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Plat of Hillcrest Subdivision No. 2 in Dubuque Township, Dubuque County, Iowa, submited to the City Council by the Realty Improvement Co. for its approval. Councilman Meuser moved that the plat be approved and the Mayor and City Clerk be instructed to sign the same. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Report and recommendation of the City Solicitor: The City Solicitor recommends that the Treasurer be instructed to accept from John Heim for the as- sessment as levied against Lot one (1), Fairmont Park Add., for a sewer constructed in Lemon Street in 1922. Original assessment, $103.44. Inter- est at 5%, $20.68. Subsequent taxes, $17.64; interest at 5 %, $1.76, making a total of $143.52, upon payment of which surrender the tax sale certif- icate; For the construction of a sewer in the Alley between Lemon Street and Couler Avenue, levied in 1911 against lot 29 G. R. West's Add., owned at that time by the Mary Houpes Es- tate. Settle for the original assess- ment amounting to $22.98. John Heim present owner. Councilman Meuser moved that the recommendation of the City So- licitor be approved and carried out as recommended. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Councilman Maclay moved that an order be drawn on the Treasurer in the sum of $75.00 in favor of Henry Special Session, December Rose, for a strip of land taken from the back of his lot for the purpose of widening Dorgan Place some years ago. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Dec. 5th, 1927. To the Honorable Council: Gentlemen: As I wish to be re- lieved of the duties as City Manager of your city, will you kindly accept this as my resignation, to take ef- fect on or before February 1st, 1928. Respectfully submitted, C. E. DOUGLAS, City Manager. Councilman Schrempf moved that the resignation be accepted with re- gret. Seconded by Councilman Meu- ser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays —None. . There being no more business, Council adjourned. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. .Councilmen Attest: City Clerk. 12th, 1927 375 CITY COUNOIL (Official) Special Session December 12th, 1927. Meeting called by order of Mayor Melchior, and Councilman Schrempf. Council met at 4:30 P. M. Present- -City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser, Schrempf and Yount. Absent —None. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of levying a special assessment and authorize the issuance of improvement bonds to provide for the payment of a san- itary sewer in Schroeder Street and acting on any other business that may come before the meeting. Notice of publication, certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment and authorize the issuance of improvement bonds to provide for the payment of a sanitary sewer in Schroeder Street from the manhole in Lowell Street to a point about 260 feet south, presented and read. There being no remonstrance, Councilman Schrempf moved that the notice be received and filed. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays —None. Resolved by the City Council of the City of Dubuque: That to pay for constructing sanitary sewer in Schroeder Street from the manhole at Lowell Street to a point about 260 feet south, by Cook & Kean, con- tractor, in front and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Owner Description Amount John Digman, J. P. Schroed- der's Add., Lot 15; 40 lin. ft. tile pipe and manholes at $0.975325 per lin. ft., $39.10; extra expense at 5.19308 per cent, $2.03; in- terest at 6 per cent, 34c; total $ 41.38 Magd. Haupert, J. P. Schroed- er's Add., Lot 16; 40 lin. ft. tile pipe and manholes at $0.975325 per lin. ft., $39.01; extra expense at 5.19308 per cent, $2.03; in- 376 Special Session, December 12th, 1927 terest at 6 per cent, 34c; total ....._ 41.38 Jos. Birner, J. P. Schroed- er's Add., Lot 17; 40 lin. ft. tile pipe and manholes at $0.975325 per lin. ft., $39.01; extra expense at 5.19308 per cent, $2.03; in- terest at 6 per cent, 34c; total 41.38 Rose A. Roland, J. P. Schroed- er's Add., Lot 18; 40 lin. ft. tile pipe and manholes at $0.975325 per lin. ft., $39.01; extra expense at 5.19308 per cent, $2.03; in- terest at 6 per cent, 34c; total 41.38 Realty Investors Corp., J. P Schroeder's Add., Lot 19; 40 lin. ft. tile pipe and man- holes at $0.975325 per lin. ft., $39.01; extra expense at 5.19308 per cent, $2.03; in- terest at 6 per cent, 34c; total 41.38 Voelker Realty Co., J. P Schroeder's Add., Lot 5; 40 lin. ft. tile pipe and man- holes at $0.975325 per lin. ft., $39.01; extra expense at 5.19308 per cent, $2.03; in- terest at 6 per cent, 34c; total 41.38 Voelker Realty Co., J. P Schroeder's Add., Lot 6; 25 lin. ft. tile pipe and man- holes at $0.975325 per lin. ft., $24.38; extra expense at 5.19308 per cent, $1.26; in- terest at 6 per cent, 20c; total 25.84 John Osthoff, J. P. Schroed- er's Add., Lot 7; 40 lin. ft. tile pipe and manholes at $0.97535 per lin. ft., $39.02; extra expense at 5.19308 per cent, $2.02; interest at 6 per cent, 34c; total 41.38 John Osthoff, J. P. Schroed- er's Add., Lot 8; 40 lin. ft. tile pipe and manholes at $0.97535 per lin. ft., $39.02; extra expense at 5.19308 per cent, $2.02; interest at 6 per cent, 34c; total 41.38 John Osthoff, Sub. Lot 1 of 9 J. P. Schroeder's Add., Lot 1; 40 lin. ft. tile pipe and manholes at $0.975325 per lin. ft., $39.02; extra ex- pense at 5.19308 per cent, $2.02; interest at 6 per cent, 34c; total 41.38 Total $398.26 228.4 lin. ft. 6 inch tile at $1.25 per lin. ft. ' $285.50 2 manholes at $45.00 per man- hole 90.00 Interest at 6 per cent 3.26 Extra expense at 5.19308 per cent 19.50 Total $398.26 Councilman Schrempf moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas -Mayor Melchior, Council- men Maclay, Meuser, Schrempf and Yount. Nays -None. Approved: Dec. 12, 1927. Adopted: Dec. 12, 1927. H. G. MELCHIOR, Mayor. ED. SCHREMPF, JOHN H. MACLAY, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Providing for the Issu- of Public Improve- ment Bonds Whereas, the contract heretofore entered into by the City of Dubuque for the construction of sewer in Schroeder Street hereinafter de- scribed has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $398.26. And whereas, public notice as pro- vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds to pay the cost of said im- provement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: Now therefor, be it resolved by the City Council of the City of Du- buque that to provide for the cost of constructing sewer in Schroeder Street from the manhole in Lowell Street to a point about 260 ft. south, there be issued sewer bonds to the amount of $398.26. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1924, which bear date as of the 12th day of January, A. D. 1928; shall be in the denominations of $398.26 each, and shall be one series num- beied 1523. Said bond shall bear interest at the rate of 5 per cent per annum which interest shall be payable semi- annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the proceeds of the special assessment levied for said improvement. Both principal and in- terest shall be payable at the office of the City Treasurer in the City of Resolution ance Special Session, December 12th, 1927 Dubuque. Said bonds shall be sub- stantially in the following form: No. 1523. Series No. CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 19 ; or any time before that date at the option of the City the sum of with interest thereon at the rate of 5 per cent per annum, payable on the presentation and surrender of the interest coupons hereto attached, both interest and principal are pay- able at the office of the City Treas- urer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 1924, and in accord- ance with a resolution of the City Council of said city, duly passed on the 12th day of December, 1927. This bond is one of a series of 1 bond for $398.26, numbered 1523, and issued for the purpose of construct- ing sewer in Schroeder Street from the manhole in Lowell Street to a point about 260 ft. south, and de- scribed in said resolution; which cost is assessable and levied along said improvement, and is made by law a lien on all abutting or adja- cent property, and payable in ten annual installments; with interest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is 'hereby certified and re- cited that all the acts and condi- tion and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the as- sessments, collections and payment hereon of said special tax, the faith and diligence of said City of Du- buque 'are hereby irrevocably pledged. In witness whereof the City of Dubuque by its City Council caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 12th day of January, 1928, and has authorized the use of their fac- simile signatures to the interest cou- pons hereto attached. Mayor Countersigned (Seal) City Clerk FORM OF COUPON On the day of 377 A. D. 19 , the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the Bond, the sum of Dollars, at the office of the City Treasurer in the City of Dubuque, being months interest due that day on its improvement bond No dated 19 Mayor Countersigned City Clerk Be it further resolved that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds; and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a -book to be kept by him for that purpose. Be it further resolved that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided for in Section 845 of the Code of Iowa, the proceeds of said sale to be kept in a special fund to be known as Sewer Fund. Be it further resolved that the in- terest coupons attached to the bonds be signed with the fac- simile signa- ture of the Mayor and counter- signed with the fac- simile signature of the City Clerk. Approved: Adopted December 12th, 1927. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, ED. SCHREMPF, .WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas -Mayor Melchior, Council- men Maclay, Meuser, Schrempf, and Yount. Nays -None. Dubuque, Iowa, Dec. 6th, 1928. City Council, Dubuque, Iowa. Gentlemen, -I notice in a late is- sue of the Dubuque paper that you are going to prohibit right turns on any street which is controlled by electric light signals unless the green light is showing ahead. As a citizen of Dubuque I would like to make a suggestion to your Honor- able Body, and that is that all right turns be eliminated from Eighth and Main Streets at all times, irrespec- tive of whether the light is red or green or whatever direction the car 378 Special Session, December 12th, 1927 is traveling. It seems to me that mothers, wives, daughters and other pedestrians of our city should have a certain amount of consideration shown them, especially on one cor- ner where ninety -five per cent of the walking public crosses over Eighth Street or Main Street. We have two department stores on opposite corners and the biggest part of Dubuque business is contained in the squares of Seventh and Ninth Streets, and by having any right turns whatever on Eighth and Main Streets it is placing a hazard on life and limb of our Dubuque shoppers that is unnecessary, and I for one would suggest that proper rules be placed eliminating all right or left hand turns on Eighth and Main Streets, so that the women and chil- dren can follow the green light with- out being afraid of some one turn- ing the corner and running them down. The writer drives an automobile, but at the same time he realizes that the pedestrians deserves a little consideration and believes that on the corner of Eighth and Main Streets they should have equal rights with the automobile drivers in reference to the electric signals. Let the automobile driver make a right turn into Ninth Street or a right turn into Seventh Street, but lets make Eighth Street safe. Yours truly, J. C. CAMM. Councilman Yount moved that the communication be referred to the Chief of Police. Seconded by Coun- cilman Maclay. Carried by the fol- lowing vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Petition of property owners resid- ing in the vicinity of Twenty -fifth and White Streets asking that a street light be installed at the inter- section of said streets, stating that this is a very dark and dangerous intersection and numerous accidents have been narrowly averted at this intersection within the pastfew months. Signed by Matilda Haas, Michael Spautz, Rev. C. H. Faust, et al. (8 signers). Councilman Schrempf moved that the petition be referred to the City Manager. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. Councilman Maclay moved that the rules be suspended for the pur- pose of giving anyone present who wished to do so an opportunity to address the Council. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor men Maclay, Yount. Nays —None. Frank Uhlrich of the Uhlrich -Paley Co. addressed the Council relative to the contract for the construction of the sanitary sewer in the alley be- tween Balke and Brunswick Streets, stating that there was no clause in the notice to bidders for the con- struction of said sewer, for rock excavation, which matter he had overlooked, and on his bid he had bid on rock excavation, and the City Council having accepted his bid, he thought the City was obligated to pay for this excavation. Councilman Meuser moved that the Uhlrich -Paley Co. be paid for the rock excavation in the above sewer in the sum of $469.62, and this amount be paid out of the General Fund. Seconded by Councilman Ma- clay. Carried by the following vote: Yeas — Mayor Melchior, Council- men Maclay, Meuser, Schrempf, Yount. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. Councilmen Attest: Melchior, Council - Meuser, Schrempf, City Clerk. Special Session, December 21st, 1927 CITY 000NCIL (Official) Special Session, December 21st, 1927. Meeting called by order of Mayor Melchior and Councilman Schrempf. Council met at 5:00 P. M. Present —City Manager Douglas, Mayor Melchior, Councilmen Meuser, Schrempf, Yount. Absent — Councilman Maclay. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting on petitions on hand and acting on any other business that may come before the meeting. Petition of W. H. Quillan stating that while driving on 5th Street near Hill Street he damaged his car in an open gutter which was partly covered with dry leaves. This hap- pened November 20th, 1927. He asks that the City pay the damage done to his car in the amount of $20.00. Councilman Schrempf moved that the petition be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote: Yeas — Mayor Melchior, Council- men Meuser, Schrempf, Yount. Nays--None. Absent — Councilman Maclay. Notice of suit filed by Kenline, Roedell, Hoffmann & Tierney, attor- neys for C. M. Roedell, in the sum of $2,000.00 on account of personal injuries sustained by her September 17th, 1927, on which day she stepped onto and upon the walk and cover- ing over the areaway immediately adjoining the building and at and near the northwesterly corner there- of at the alley between Main and Locust Streets, and just off of Ninth Street, at and about the dark hour of 7:00 P. M. of said day and fell into an open cellar way where the trap door had been left open and received the injuries complained of. Councilman Schrempf moved that the notice be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf, Yount. Nays —None. Absent — Councilman Maclay. Petition of representative Central Avenue merchants, asking that when the Council make up the City Budget for 1928, they include an amount of money sufficient to pay for the cur- rent necessary for the lighting of a proposed extension of the boulevard light system from 14th to 19th Streets on Central Avenue. The 379 cost of the installation of such ex- tension to be paid by the abutting property owners. Signed by W. Olanosky, A. H. Herget, and F. A. Nesler & Son. Councilman Meuser moved that the petition be referred to the City Manager for investigation. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf and Yount. Nays —None. 'Absent—Councilman Maclay. Renewal of sign bond of the Trade Home Shoe Stores presented for ap- proval. Being properly executed, Council- man Yount moved that the renewal certificate be received and filed with the original bond. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor Melchior, Council- men Meuser, Schrempf and Yount. Nays —None. Absent -- Councilman Maclay. House Movers bond of Fred Lest- er & Son presented for approval. Being properly executed, Council- man Yount moved that it be received and placed on file. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf and Yount. Nays —None. Absent — Councilman Maclay. City Council Proceedings for the month of November, 1927, presented for approval. Councilman Schrempf moved that they be approved as printed and placed on file for record. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf and Yount. Nays —None. Absent — Councilman Maclay. Petition of A. A. Cooper Inc. re- ferred to the City Council by the County Board of Supervisors, ask- ing for adjustment of the 1925 and 1926 taxes on lots South 20 feet of 86 and lots 87 and 88, stating that the buildings on these lots were de- stroyed by fire April 13th, 1925. Councilman Schrempf moved that the petition be referred back to the Board of Supervisors for their ac- tion, before the Council will take ac- tion on this matter. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Meuser, Schrempf and Yount. Nays —None. 380 Special Session, December 21st, 1927 Absent - Councilman Maclay. Mayor Melchior stated that the City Solicitor was instructed to bring action against the Board of Re- view, setting aside the valuation for taxation purposes of the Hotel Ju- lien of $100,000 as made by said Board of Review for the years 1927 and 1928. He reviewed the matter from 1913 to the present time, stating that the hotel company paid taxes 011 this valuation from 1915 to 1921 when the taxes were fixed at $250,000 by the Board of Review, on which valuation the taxes were levied until 1925, when the company petitioned that the taxes be again fixed at $100,000, stating that the agreement with the City Council and Board of Super- visors when the hotel was erected was that the company pay their taxes on this valuation for a period of ten years beginning in 1915. The valuation was fixed in 1921 by the Board of Review at $250,000. In 1925, pursuant to a recommendation of the City Council and the Board of Supervisors, the valuation was again placed at $100,000 for 1925 and 1926 by the Board of Review. Pursuant to the resolution by the City Council and the Board of Super - visors passed in 1913 placing the assessment of said Julien Hotel prop- erty at $100,000 for a period of ten years, beginning in 1915, the Board of Review in 1927 again placed the valuation at $100,000 for the years 1927 and 1928. The Assessor had placed the valuation in 1927 at $300,000. This is the last two years of the agreement. After considerable debate 011 the matter in which Mr. C. A. Wright, a member of the Board of Review, took part Councilman Schrempf moved that the action of the City Council taken July 1st, 1927, where- by the City Solicitor was empowered to take such legal steps as may be necessary to secure the cancellation of the assessment of the Julien Ho- tel Co. from $300,000 to $100,000 as made by the Board of Review be re- scinded. Seconded by Mayor Mel- chior. Motion was lost by the fol- lowing vote: Yeas -Mayor Melchior, Council- man Schrempf. Nays - Councilmen Meuser, Yount. Absent - Councilman Maclay. Mayor Melchior and Councilman Schrempf asked that their names be stricken from the notice of suit against the Board of Review stating that they will not be a party to the suit. There being no further business, Councilman Meuser moved to ad- journ. Carried. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. Councilmen Attest: City Clerk. Special Session, December 29th, 1927 381 CITY COUNOIL (Official) Special Session, December 29th, 1927. Meeting called by order of Mayor Melchior and Councilman Maclay. Council met at 5:00 P. M. Present -City Manager Douglas, Mayor Melchior, Councilmen Maclay, Meuser. Absent - Councimen Schrempf, Yount. Mayor Melchior read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of levying special assessments and authorize the issuance of bonds to provide for the payment of the improvement of Rhomberg Avenue from Lincoln Ave- nue to the Eagle Point High Bridge and the construction of a sanitary sewer in the alley between Balke and Brunswick Streets and acting on any other business that may proper- ly come before the meeting. Notice of publication, certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment and authorize the issuance of bonds to provide for the payment of the construction of a sanitary sewer in the alley between Balke and Brunswick Streets from Grove - land Place to Lawther Street and in Lawther Street from the alley be- tween Balke and Brunswick Street to Balke Street. Councilman Maclay moved that the notice be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas -Mayor Melchior, Council- men Maclay, Meuser. Nays -None. Absent - Councilmen Schrempf, Yount. Petition of Nick J. Thill objecting to the assessment as levied against Lot 67 in Belmont Add., stating that the assessment in the amount of $186.59 for the construction of said sewer in the alley between Balke and Brunswick Streets is excessive, in proportion of the valuation of the property in this district. Councilman Maclay moved that the petition be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas -Mayor Melchior, Council - men Maclay, Meuser. Nays -None. Absent - Councilmen Schrempf, Yount. Resolved by the City Council of the City of Dubuque, that to pay for constructing a sanitary sewer in the Alley between Balke and Brunswick Streets from Groveland Place to Lawther Street and in Lawther Street from the Alley between Balke and Brunswick Streets to Balke Street, by Uhlrich -Paley Co., contrac- tor, in front of and adjoining the same, a special tax be and is here- by levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts' set opposite each lot or parcel of real estate, as follows: Owner. Description. Amount. Geo. A. Burden, Belmont Add., Lot 62; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total $18(.59 L. W. Roehl, Belmont Add , Lot 81; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 Alfred Wing, Belmont Add , Lot 80; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., '$175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, ;$1.52; total 186.59 Jacob Streletzky, Belmont Add., Lot 79; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 Frank Daschach, Belmont Add., Lot 78; 50 lin, ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; • extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 Geo. A. Burden, Belmont Add , Lot 77; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 156.59 I. & H. Renk, Belmont Add , Lot 76; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 Sam S. Muir, Belmont Add , Lot 75; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 382 Special Session, December 29th, 1927 Joe Fessler, Belmont Add., Lot 74; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 18.6.59 Geo. A. Burden, Belmont Add , Lot 73; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 Geo. A. Burden, Belmont Add., Lot 72; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 Geo. A. Burden, Belmont Add., Lot 71; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $178.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 ;rank Tarkett, Belmont Add., Lot 70; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 1S6.59 Chas. P. Mettel, Belmont Add., Lot 69; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.53; total 186.60 John McNulty, Belmont Add., Lot 68; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.58; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.52; total 186.59 Nic J. Thill, Belmont Add , Lot 67; 50 lin. ft. tile pipe and manholes at $3.51159 per lin. ft., $175.57; extra expense at 5.40496 per cent, $9.49; interest at 6 per cent, $1.53; total 186.59 Total $2,925.45 1012.3 lin. ft. 6 inch tile at $2.38 per lin. ft. $2,409.27 Four manholes at $100.00 per manhole 400.00 Ini erest at 6 per cent 24.34 Extra expense at 5.40496 per cent 151.84 Total $2,985.45 All of which is assessed in pro- portion to the special benefits conferred. Councilman Meuser moved the adoption of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas -Mayor Melchior, Council- men Maclay, Mouser. Nays -None. Absent - Councilmen Schrempf, Yount. Approved December 29th, 1927. Adopted December 29th, 1927. H. G. MELCHIOR, Mayor. JOHN 11.E MACLAY. WM. H. MEUSER. Councilmen. Attest: JOHN STUBER, City Clerk. Resolution Providing for the Issu- ance of Public Improve- ment Bonds. Whereas, the contract heretofore entered into by the City of Dubuque for the contruction of a sanitary sewer hereinafter described has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $2,985.45. And Whereas, public notice as pro- vided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: Now therefore, be it resolved by the City Council of the City of Du- buque that to provide for the cost of constructing a sanitary sewer in the alley between Balke and Bruns- wick Streets from Groveland Place to Lawther Street and in Lawther Street from the alley between Balke and Brunswick Streets to Balke Street there be issued sewer bonds to the amount of $2,985.45. Said bonds shall be issued under the pro- visions of Chapter 311 of the Code of Iowa, 1924, which bear date as of the 30th day of January, A. D. 1928; shall be in the denominations of $200.00 each, except that there shall be one bond to the amount of $185.45; they shall be numbered from 1524 to 1538 inclusive and shall be divided into 10 series of which the bond numbered 1524 shall consti- tute the first series and shall be pay- able on the 1st day of April, A. D. 1928; the bond numbered 1525 shall constitute the second series and shall be payable on the lst day of April, 1929; the bond numbered 1526 shall constitute the third series and shall be payable the 1st day of April, 1930; the bonds numbered from 1527 to 1528 shall constitute the fourth series and shall be payable the lst Special Session, December 29th, 1927 day of April, 1931; the bonds num- bered from 1529 to 1530 shall consti- tute the fifth series and shall be pay- able the lst day of April 1932; the bonds numbered from 1531 to 1532 shall constitute the sixth series and shall be payable the 1st day of April 1933; the bonds numbered from 1533 to 1534 shall constitute the seventh series and shall be payable the 1st day of April, 1934; the bonds num- bered 1535 to 1536 shall constitute the eighth series and shall be pay- able the 1st day of April, 1935; the bonds numbered 1537 shall consti- tute the ninth series and shall be payable the 1st day of April, 1936; the bonds numbered 1538 shall con- stitute the tenth series and shall be payable the 1st day of April, 1937. Said bonds shall bear interest at the rate of 5 per cent per annum, which interest shall be payable semi - annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the proceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be sub- stantially in the following form: No. 1524 to 1538 Series No CITY OF DUBUQUE Bond. The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 19 ; or any time before that date at the option of the City the sum of Two Hundred Dollars with interest thereon at the rate of 5 per cent per annum, payable on the presentation and surrender of the interest cou- pons hereto attached, both interest and principal are payable at the of- fice of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 1924, and in accordance with a reso- lution of the City Council of said city, duly passed on the 29th day of December, 1927. This bond is one of a series of 15 bonds, 14 for $200.00 each, numbered from 1524 to 1537 inclusive, and one for $185.45, num- bered 1538, all or like tenor and date, and issued for the purpose of constructing a sanitary sewer in the alley between Balke and Brunswick Streets from Groveland • Place to Lawther Street from the alley be- tween Balke and Brunswick Streets to Balke Street, and described in said resolution; which cost is assess- able and levied along said improve- ment, and is made by law a lien on all abutting or adjacent property, and payable in ten annual install- ments, with interest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and re- cited that all the acts and condition and things required to be done prec- edent to and in the issuing of this series of bonds, have been done, hap- pened and performed in regular and due form as required by said law and resolution; and for the assess- ments, collections and payment here- on of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In witness whereof the City of Du- buque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal .of said City affixed this 30th day of January, 1928, and has authorized the use of their fac- simile signature to the interest coupons hereto attached. Countersigned Mayor. 383 (Seal) City Clerk. FORM OF COUPON. On the day of A. D. 19 , the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the Bond, the sum of at the office of the City Treasurer in the City of Dubuque, being months interest due that day on its improve ment bond No. dated 19 Mayor. Countersigned City Clerk. Be it further resolved that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds; and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. Be it further resolved that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided for in Section 845 of the Code of Iowa, the proceeds of said sale to be kept in a special fund to be known as Sewer Fund. Be it further resolved that inter- est coupons attached to the bonds be signed with the fac- simile signa- 384 Special Session, December 29th, 1927 Special Session, December 29th, 1927 385 ture of the Mayor and countersigned with the fac- simile signature of the City Clerk. Adopted December 29th, 1927. Approved: H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Maclay. Carried by the following vote: Yeas -Mayor Melchior, Council- men Maclay and Meuser. Nays -None. Absent- Councilmen Schrempf and Yount. Notice of publication certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment and authorize the issuance of bonds as provided by law to pro- vide for the payment of the improve- ment of Rhomberg Avenue, from the north property line of Lincoln Av- enue to to Eagle Point High Bridge. There being no remonstrance, Councilman Maclay moved that the notice be received and filed. Second- ed by Councilman Meuser. Carried by the following vote: Yeas -Mayor Melchior, Council- men Maclay and Meuser. Nays -None. Absent - Councilmen Schrempf and Yount. Resolved by the City Council of the City of Dubuque: That to pay for improving Rhomberg Avenue from the north property line of Lin- coln Avenue to the Eagle Point High Bridge, by Jas. F. Lee Paving Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set opposite each lot or par- cel of real estate, as follows: Name Description Amount Addie G. Sommer, McCraney's Eagle Pt. Add., Lot 35; con- crete paving, curb and gut- ter cost, $96.94; extra ex- pense at 2.20953 per cent, $2.14; interest at 6 per cent, 85c; total $99.93 Wm. D. Gilbert,. McCraney's Eagle Pt. Add., Lot 34; con- crete paving, curb and gut- ter cost, $96.94; extra ex- pense at 2.20953 per cent, $2.14; interest at 6 per cent, 85c; total 99.93 Wm. D. Gilbert, McCraney's Eagle Pt. Add., S. 16 ft. Lot 33; concrete paving, curb and gutter cost, $31.02; ex- tra expense at 2.20953 per cent, 69c; interest at 6 per cent, 27c; total 31.98 Anton Hug Estate, McCran- ey's Eagle Pt. Add., Lot 32; concrete paving, curb and gutter cost, $96.94; extra ex- pense at 2.20953 per cent, $2.14; interest at 6 per cent, 85c; total 99.93 Dub. Stone Products Co., Mc- Craney's Eagle Pt. Add., Lot 31; concrete paving, curb and gutter cost, $96.94; ex- tra expense at 2.20953 per cent, $2.14; interest at 6 per cent, 85c; total 99.93 Wm. Kratz, Clark's Sub., Lot 1; concrete paving, curb and gutter cost, $33.56; extra expense at 2.20953 per cent, 74c; interest at 6 per cent, 29c; total 34.59 Eliz. Clark, Clark's Add., Lot 2; concrete paving, curb and gutter cost, $27.45; extra expense at 2.20953 per cent, 61c; interest at 6 per cent, 24c; total 28.30 Spahn & Rose Lumber Co , Sub. Lot 5 of M. L. 305A, Lot 2; concrete paving, curb and gutter cost, $665.16; ex- tra expense at 2.20953 per cent, $14.69; interest at 6 per cent, $5.77; total 685.62 Spahn & Rose Lumber Co , Sub. Lot 1 of 1 of 1 of M L. 305A, Lot 2; concrete paving, curb and gutter cost, $14.73; extra expense at 2.20953 per cent, 33c; inter- est at 6 per cent, 12c; total 15.18 City of Dubuque (Park), Sub. Lot 1 of 1 of 1 of M. L. 305A, Lot 1; concrete pav- ing, curb and gutter cost, $71.35; extra expense at 2.20953 per cent, $1.65; in- terest at 6 per cent, 62c; total 73.55 City of Dubuque (Park), Sub. Lot 1 of 1 of 1 of M. L. 305A, Lot 2; concrete pav- ing, curb and gutter cost, $74.86; extra expense at 2.20953 per cent, $1.65; in- terest at 6 per cent, 64c; total 77.15 Dubuque Stone Products Co , Sub. Lot 1 of M. L. 305A, Lot 2; concrete paving, curb and gutter cost, $128.81; extra expense at 2.20953 per cent, $2.85; in- terest at 6 per cent, $1.11; total 132.77 Dubuque Stone Products Co., Sub. Lot 2 of M. L. 305A, Lot 1; concrete paving, curb and gutter cost, $1576.75; extra expense at 2.20953 per cent, $34.83; in- terest at 6 per cent, $13.66; total 1625.24 City of Dubuque (Park), Sub Lot 2 of M. L. 305A, Lot 2; concrete paving, curb and gutter cost, $215.32; extra expense at 2.20953 per cent, $4.76; interest at 6 per cent, $1.87; total 221.95 Spahn & Rose Lumber Co , Boat Yard Add., Lot 1; con- crete paving, curb and gut- ter cost, $302.50; extra ex- pense at 2.20953 per cent, $8.67; interest at 6 per cent, $3.40; total 404.57 W. Kratz, Sub. Lot 3 of M. L 305A E. 23.8 ft. Lot, 2; con- crete paving, curb and gut- ter cost, $21.06; extra ex- pense at 2.20953 per cent, 47c; interest at 6 per cent, 19c; total 21.72 Dub. Lumber & Coal Co., Mc- Craney's Eagle Pt. Add., pt. lot 25; concrete paving, curb and gutter cost, $79.55; extra expense at 2.20953 per cent, $1.76; in- terest at 6 per cent, 69c; total 82.00 C. M. & St. P. R. R. Co., Mc- Craney's Eagle Pt. Add., pt. Lot 25; concrete paving, curb and gutter cost, $17.39; extra expense at 2.20953 per cent, 38c; in- terest at 6 per cent, 15c; total 17.92 C. M. & St. P. R. R. Co., Mc- Craney's Eagle Pt. Add., pt. Lot 24; concrete paving, curb and gutter cost, $21.37; extra expense at - 2.20953 per cent, 47c; in- terest at 6 per cent, 19c; total 22.03 Dubuque Lumber & Coal Co , McCraney's Eagle Pt. Add , pt. Lot 24; concrete pav- ing, curb and gutter cost, $75.57; extra expense at 2.20953 per cent, $1.67; in- terest at 6 per cent, 66c; total 77.90 Dubuque Lumber & Coal Co , McCraney's Eagle Pt. Add , pt. Lot 23; concrete pav -, ing, curb and gutter cost, $72.57; extra expense at 2.20953 per cent, $1.60; in- terest at 6 per cent, 62c; total 74.79 C. M. & St. P. R. R. Co., Mc- Craney's Eagle Pt. Add., pt. Lot 23; concrete paving, curb and gutter cost, $24.37; extra expense at 2.20953 per cent, 54c; in- trest at 6 per cent, 21c; total C. M. & St. P. R. R. Co., Mc- Craney's Eagle Pt. Add., pt. Lot 22; concrete paving, curb and gutter cost, $28.50; extra expense at 2.20953 per cent, 63c; in- terest at 6 per cent, 24c; total Dubuque Lumber & Coal Co , McCraney's Eagle Pt. Add , pt. Lot 22; concrete pav- ing, curb and gutter cost, $68.44; extra expense at 2.20953 per cent, $1.51; in- trest at 6 per cent, 59c; total Dubuque Lumber & Coal Co , McCraney's Eagle Pt. Add , pt. Lot 21; concrete pav- ing, curb and gutter cost, $62.74; extra expense at 2.20953 per cent, $1.39; in- terest at 6 per cent, 54c; total C. M. & St. P. R. R. Co., Mc- Craney's Eagle Pt. Add., pt. Lot 21; concrete paving, curb and gutter cost, $34.19; extra expense at 2.20953 per cent, 76c; in- terest at 6 per cent, 29c; total Wm. Kratz, McCraney's Eagle Pt. Add., N. 34 ft. Lot 33; concrete paving, curb and gutter cost, $65.92; extra expense at 2.20953 per cent, $1.46; interest at 6 per cent, 57c; total 25.12 29.37 70.54 64.67 35.24 67.95 Total' $4319.87 1741.66 sq. yds. concrete pav- ing at $2.03 per sq. yd $3535.57 787.25 lin. ft. comb. curb and gutter at 69c per lin. ft 543.20 1869.55 lbs. reinforcing at 6c per lb. 112.17 Interest at 6 per cent 36.33 Extra expense at 2.20953 per cent 92.60 Total $4319.87 All of which is assessed in pro- portion to the special benefits con- ferred. Approved Dec. 29, 1927. Adopted Dec. 29, 1927. H. G. MELCHIOR, Mayor. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. . Attest: JOHN STUBER, City Clerk. 386 Special Session, December 29th, 1927. Councilman Maclay moved the ad- option of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Meuser. Nays —None. Absent — Councilmen Schrempf and Yount. Resolution Providing for the Issu- ance of Public Improve- ment Bonds Whereas, the contract heretofore entered into by the City of Dubuque for the improvement of Rhomberg Avenue hereinafter described has been completed and said improve- ment has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $4,319.57. And whereas, public notice as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds to pay the cost of said im- provement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: Nov therefor, be it resolved by the City Council of the City of Du- buque that to provide for the cost of improving Rhomberg Avenue from the north property Iine of Lin- coln Avenue to the Eagle Point High Bridge there be issued im- provement bonds to the amount of $4,319.87. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1924, which bear date as of the 30th day of January, A. D. 1928; shall be in the denominations of $500.00 each, except that there shall be one bond to the amount of $319.87; they shall be numbered from 1539 to 1547 inclusive and shall be divided into 10 series of which the bond sumbered 1539 shall con- stitute the first series and shall be payable on the 1st day of April, A. D. 1928; the bond numbered 1540 shall constitute the second series and shall be payable on the 1st day of April, 1929; the bond num- bered 1541 shall constitute the third series and shall be payable the 1st day of April, 1930; the bond num- bered 1542 shall constitute the fourth series and shall be payable the 1st day of April, 1931; the bond num- bered 1543 shall constitute the fifth series and shall be payable the 1st day of April, 1932; the bond num- bered 1544 shall constitute the sixth series and shall be payable the 1st day of April, 1933; the bond num- bered 1545 shall constitute the sev- enth series and shall be payable the 1st day of April, 1934; the bond numbered 1546 shall constitute the eighth series and shall be payable the 1st day of April, 1935; the bond numbered 1547 shall constitute the ninth series and shall be payable the 1st day of April, 1936. Said bonds shall bear interest at the rate of 5 per cent per annum which interest shall be payable semi - annually, in accordance with the terms of the coupons thereto at- tached; and said bonds shall be pay- able out of the proceeds of the spe- cial assessment levied for said im- provement. Both the principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be sub- stantially in the following form: No. 1539 to 1547 Series No. CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer hereof, on the first day of April, A. D. 19 or any time before that date at the option of the City the sum of Five Hundred Dollars with interest there- on at the rate of 5 per cent per annum, payable on the presentation and surrender of the interst coupons hereto attached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Du- buque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 1924, and in accordance with a reso- lution of the City Council of said city duly passed on the 29th day of December, 1927. This bond is one of a series of 9 bonds, 8 for $500.00 each and num- bered from 1539 to 1546 inclusive and one for $319.87 numbered 1547, all of like tenor and date, and is- sued for the purpose of improving Rhomberg Avenue from the north property line of Lincoln Avenue to the Eagle Point High Bridge and de- scribed in said resolution; which cost is assessable and levied along said improvement, and is made by law a lien on all abutting or adja- cent property, and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and re- cited that all the acts and condition and things required to be done pre- cedent to and in the issuing of this series of bonds, have been done, hap- pened and performed in regular and Countersigned Special Session, December 29th, 1927 due form as required by said law and resolution; and for the assess- ments, collections and payment here- on of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In witness whereof the City of Du- buque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 30th day of January, 1928, and has authorized the use of their fac- simile signatures to the interest coupons hereto attached. Mayor. Countersigned (Seal) City Clerk. FORM OF COUPON On the day of A. D. 19........., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of at the office of the City Treasurer in the City of Dubuque, being months interest due that day on its improve- ment bond No. dated 19 Mayor. City Clerk. Be it further resolved that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds; and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then de- liver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. Be it further resolved that the City Treasurer be and he is here- by instructed to sell said bonds in the manner provided for in Section 845 of the Code of Iowa, the pro- ceeds of said sale to be kept in a special fund to be known as Im- provement Fund. Be it further resolved that the in- terest coupons attached to the bonds be signed with the fac - simile signa- ture of the Mayor and countersigned with the fac - simile signature of the City Clerk. Adopted December 29th, 1927. Approved: H. G. MELCHIOR, Mayor. JOHN A. MACLAY, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Maclay moved the ad- option of the resolution. Seconded 387 by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Meuser. Nays —None. Absent — Councilmen Schrempf and Yount. Notice of suit against the City of Dubuque, filed by Ray C. Breitbach in the sum of $1475.00 on account of personal injuries and damages to automobile by driving his car off of crossing in East Dubuque Add., be- tween lots 422 and 373 into an open creek, claiming that the crossing was not properly safeguarded. Councilman Meuser moved that the notice be referred to the City Solicitor. Seconded by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Meuser. Nays —None. Absent — Councilmen Schrempf and Yount. Contractor's bond of Fred Hansel - man, heating contractor's bond of Mullen Bros. Co., plumber's excava- tion bond of Mullen Bros. Co., and renewal of City Treasurer Otto F. Puls' bond, presented for approval. Being properly executed, Council- man Maclay moved that they be ap- proved and placed on file. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay, and Meuser. Nays —None. Absent — Councilmen Schrempf and Yount. Claim of Leo Kahl, against the City of Dubuque, in the sum of $59.75 on account of damages sus- tained by his car on an icy street at the corner of Belmond and Rose Street. Ice was caused by the leak- ing of hose, while the City was pour- ing water upon a skating rink off of Alta Vista Street. Councilman Meuser moved that the claim be referred to the City Solicitor. Seconded by Councilman Maclay. Carried by the following vote Yeas —Mayor Melchior, Council- men Maclay and Meuser. Nays —None. Absent — Councilmen Schrempf and Yount. Petition of the Board of Educa- tion for permission to excavate on Grandview Avenue, in front of the Washington High School, to repair leak in an abandoned water main This is rendered necessary owing to water overflowing and damaging school property. Councilman Maclay moved that the prayer of the petition be grant- 388 Special Session, December 29th, 1927 ed, work to be done under the super- vision of the City Engineer. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Meuser. Nays -None. Absent — Councilmen Schrempf and Yount. Bill of Cook and Kean, for rock excavation on the construction of sanitary sewer in Schroeder Street in the sum of $135.90, presented. Councilman Maclay moved that the bill be received and filed. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Meuser. Nays —None. ' Absent — Councilmen Schrempf and Yount. Claim of Archie D. Ruff, 1001 Gar- field Ave., stating that on the even- ing of Dec. 27th, 1927, about 9:45 P. M., while driving on Dodge Street, he ran into an opening or uncovered sewer or water conveyor located at Dodge, and Bluff Street and did con- siderable damage to his automobile, and he hereby asks that the City pay the damage. Councilman Meuser moved that the petition be referred to the City Solicitor, for investigation. Second- ed by Councilman Maclay. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Meuser. Nays —None. Absent — Councilmen Schrempf and Yount. Petition of Christine Siegwarth, stating that she is the owner of lot . 74 , in Union Add. That in 1924 this property was assessed for the im- provement of Cleveland Ave. and for the improvement of Bryant Street. The' assessments are as follows: For improvement of Cleveland Ave. $243.60, and for Bryant Street im- provement $359.37, making a total of $602.67. $156.50 of this sum repre- sents interest and penalties. She hereby asks that the City waive the interest and penaltis and grant her such further relief as may be deemed advisable. Councilman Maclay moved that the petition be referred to the City Solicitor. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Melchior, Council- men Maclay and Meuser. Nays —None. Absent — Councilmen Schrempf and Yount. City Solicitor reported on the case of Miss Anita Henry, who fell on a defective sidewalk on Jones Street while returning from a steamboat exeoursion. The City Solicitor was authorized to make a reasonable set- tlement in this matter. No motion. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. Councilmen Attest: City Clerk.