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1925 December Council ProceedingsRegular Session, December 7th, 1925 735 CITY COUNCIL (Official.) Regular Session, December 7th, 1925. Council met at 4:30 P. M. Present —City Manager Douglas, Councilmen Brede, Gabriel, and Schrempf. Absent —Mayor Alderson, Council- man Melchior. Councilman Brede moved that Councilman Gabriel be appointed to act as Mayor pro -tem of this meet- ing. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Councilmen Brede and Schrempf. Nays —None. Absent —Mayor Alderson, Council- man Melchior. Not voting — Councilman Gabriel. Mayor pro -tem Gabriel stated that this is the regular monthly meeting of the City Council for the purpose of acting on any business that may regularly come before it. Petition of Mrs. Anna Doyle stat- ing that on Sunday, October 18th, 1925, at 8:15 P. M., while walking home on the north side of 3rd Street between Main and Locust Streets, she stepped on the manhole covering over coal hole in the sidewalk to TJpton's Laundry and dropped partly in and badly injured her right leg, which required the attention of a physician, and she hereby asks that the City reimburse her for medical attendance and time lost from her household duties in the sum of $50.00. Councilman Brede moved that the petition be referred to the City Soli- citor. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Schrempf. Nays —None. Absent —Mayor Alderson, Council- man Melchior. Petition of Otto T. Larson asking that a street light be installed at the intersection of Muscatine and Na- tional Streets, Park Hill district, stating that Muscatine Street from Primrose Street to the end of the street is a dirt road and has no side- walk, and in bad weather is almost impassable. Councilman Brede moved that the Petition be referred to the City Man- ager. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Schrempf. Nays —None. Absent —Mayor Alderson, Council- man Melchior. Petiton of John G. Orvis and Fred Blosch asking permission to erect a booth 2 ft. 6 in. by 4 ft. 6 in. at the southwest corner of 10th and Main Streets between the sidewalk and the retaining wall, said booth to be up from December 15th to December 25th, 1925, inclusive, to be used as a shetler for cashier handling Christ- mas trees. Councilman Schrempf moved that the petition be received and filed. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Schrempf. Nays —None. Absest —Mayor Alderson, Council- man Melchior. Report of City Treasurer for the Month of November, 1925. . Report of the City Auditor for the Month of November, 1925. Report of the City Water Works for the Month of November, 1925, presented for approval. Councilman Brede moved that the reports be received and filed for rec- ord. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor ,pro -tern Gabriel, Councilmen Brede, Schrempf. Nays —None. Absent —Mayor Alderson, Council man Melchior. City Council Proceedings for the month of August, 1925, presented for approval. Councilman Brede moved that they be approved and filed for record. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Schrempf. Nays —None. Absent —Mayor Alderson, Council- man Melchior. Notice of appeal from the assess- ment as levied against Lots 138 -139, Mechanics Add., owned by Elizabeth Corpstein, Rose Voelker, Chris Voel- ker, and Mary Keller, for the con- struction of a sanitary sewer in Foye and Napier Streets, to the District Court of Dubuque County, presented. Lyon & Willging, attorneys. Councilman Brede moved that the appeal be referred to the City Solic- itor. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Schrempf. Nays —None. Absent —Mayor Alderson, Council- man Melchior. 736 Regular Session, December 7th, 1925 Petition of A. A. Cooper, Inc., stat- ing that they are sole owners of all lots in Cooper Heights, a recent sub- division in this city, asking that the names of Raymond Place be changed to Austin Place and the name of Gil- more Street be changed to Regina Place. Councilman Brede moved that the prayer of the petition be granted and the petition be referred to the City Solicitor to draft the proper resolu- tion. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Schrempf. Nays—None. Absent —Mayor Alderson, Council- man Melchior. Petition of Mrs. Sydney Saul stat- ing that she has been assessed for the cutting of weeds on Lots 3 and 5 of Saul's Sub., in the amount of $6.00, equivalent to 12 hours of labor, which she considers an overcharge. Councilman Brede moved that the assessment be reduced to $3.60 and the Treasurer be so notified. Sec- onded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Schrempf. Nays —None. Absent —Mayor • Alderson, Council- man Melchior. Petition of Fred J., Elizabeth and Pauline Heer stating that they were assessed for the improving of Diag- onal Street in the sum of $141.60 against Lots 5 and 6, Traut Terrace, Dunne's Sub. Lot 6 is 86 feet from said street and Lot 5 is 161 feet from said street. Councilman Brede moved that the petition be received and filed. Sec- onded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Schrempf. Nays —None. Absent —Mayor Alderson, Council- man Melchior. Councilman Melchior entered and took his seat at 5:00 o'clock P. M. December 7th, 1925. To Honorable Council. Subject: Acceptance of Roosevelt Street Sewer. The undersigned hereby certifies that the contract for the construc- tion of a sanitary sewer in Roosevelt Street, Uhlrich -Paley Co., contract- ors, has been completed. I further certify that said improve- ment has been completed according to the terms and stipulations of the contract, plans and specifications and I do hereby recommend its accept- ance by the City Council. Respectfully, C. E. DOUGLAS, City Manager. A Resolution Accepting Improve- ments and Directing the City Clerk to Publish Notices. Whereas, the contract for the im- provement of Roosevelt Street from Lincoln Avenue to a point approx- imately 2500 feet, by the construc- tion of a sanitary sewer, has been completed and the City Engineer has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefor Be it resolved by the City Council of the City of Dubuque, that the rec- ommendation of the City Engineer be approved and said improvement be and the same is hereby accepted and the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the lots or parcels of real estate subject to as- sessment for said improvements and file the same in the office of the City Clerk subject to public inspection, and said City Clerk shall upon re- ceipt of such plat and schedule pub- lish the notice of the Council's in- tention to levy special assessments therefor, as required by law. Be it further resolved that said Clerk be and he is hereby directed to publish a notice of the intention of the City Council to issue public improvement bonds to pay the cost of said improvements and state therein the time and place when and where objections thereto may be filed by interested parties, the meet- ing of this Council for said purpose to be held on the same date that the special assessments herein provided for are to be levied. Be it further resolved that the City Treasurer be and he is hereby di- rected to pay to the contractor for the funds to be realized from the sale of improvement bonds issued upon the above described improve- ments an amount equal to the amount of his contract, less any re- tained percentage provide for there- in. Passed, adopted and approved this 711i day of December, 1925. THEO. GABRIEL, Mayor pro -tem. L. H. BREDE, H. G. MELCHIOR, ED. SCHREMPF, Councilmen. Attest: JOHN STUBER, City Clerk. Regular Session, December 7th, 1925 737 Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. December 7th, 1925. To Honorable Council. Subject: Acceptance of sidewalks in Cooper Heights. The undersigned hereby certifies that the contract for the construc- tion of sidewalks on Cooper Heights, J. F. Lee Paving Co., contractors, has been completed. I further cer- tify that said improvement has been completed according to the terms and stipulations of the contract, plans and specifications and I do hereby recommend its acceptance by the City Council. Respectfully, C. E. DOUGLAS, City Manager. A Resolution Accepting Improve- ments and Directing the City Clerk to Publish Notices. Whereas, the contract for the im- provement of Cooper Heights by con- structing cement sidewalks has been completed and the City Engineer has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefor Be it resolved by the City Council of the City of Dubuque, that the recommendation of the City Engi- neer be approved and said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for • said improvements and file the same in the office of the City Clerk subject to public inspec- tion, and said City Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be it further resolved that said Clerk be and he is hereby directed to publish a notice of the intention of the City Council to issue public improvement bonds to pay the cost of said improvements and state therein the time and place when and where objections thereto may be filed by interested parties, the meet- ing of this Council for said purpose to be held on the same date that the special assessment herein pro- vided for are to be levied. Be it further resolved that the City Treasurer be and he is hereby di- rected to pay to the contractor for the funds to be realized from the sale of improvement bonds issued upon the above described improve- ments an amount equal to the amount of his contract, less any re- tained percentage provided for there- in. Passed, adopted and approved this 7th day of December, 1925. THEO. GABRIEL, Mayor pro -tem. L. H. BREDE, ED. SCHREMPF, H. G. MELCHIOR, Councilmen Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adop- tion of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. RESOLUTION DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE CONSTRUC- TION OF A CONCRETE MAIN SEWER LOCATED IN THE OPEN DITCH COMMONLY KNOWN AS "BEE BRANCH SEWER ". Whereas, plans and specifications have been duly adopted and ap- proved by the City Council of the City of Dubuque for the construction of a concrete main sewer to be lo- cated in the open ditch commonly called Bee Branch Sewer and to be built between 28th and 29th Streets; between 29th and 30th Streets; in the block between 30th and 32nd Streets extending westerly from Jackson Street to White Street; in the block between 30th and 32nd Streets extending wester- ly from White Street to Central Av- enue and in the block between 30th and 32nd Streets extending wester- ly from the alley between Central Avenue and Lemon Street to connect with the present stone sewer, said sewer to be continuous from 28th Street northerly and westerly to the easterly terminus of the present stone sewer, except where the same is already constructed; and Whereas, a Resolution has been regularly adopted ordering the con- struction of said sewer according to 1! 11 I��II 738 Regular Session, December 7th, 1925 such plans and specifications; now therefor Be it resolved by the City Council of the City of Dubuque that the City Clerk be and he is hereby directed to cause to be published in the Tele- graph- Herald and Times- Journal, newspapers of general circuation in the City of Dubuque, a notice to con- tractors, which notice shall be pub- lished in two successive publica- tions in each paper, shall solicit bids for the construction of said improve- ments, shall state the extent of such improvements, shall fix the time as herein stated when and where bids will be received and acted upon, and state the amount of the certified check that shall be necessary to ac- company the bid as a guarantee that the bidder will enter into a contract if awarded to him and generally such other matters as herein stated. Be it further resolved that bids shall be received by the City Man- ager up to 10 A. M. on the 18th day of December, 1925, and shall be op- ened and compared by him and sub- mitted to the City Council at a spe- cial meeting thereto to be held on December 21, 1925, at 4:30 o'clock P. M. in the Council Chamber at the City Hall, at which time such bids will be acted upon by the Council or action deferred until a subsequent time and further consideration. Be it further resolved that the con- tractor shall be paid for the per- formance of the work provided for in the contract and plans and speci- fications in cash to be realized from the sale of main sewer bonds after the contract has beep fully per- formed, completed and accepted by the City Council, such bonds to be issued and sold as by law provided, except that 10 per cent of the total contract price shall be retained by the City of Dubuque for a period of Thirty (30) days or for such longer period as may be necessary as a guarantee for the payment of claims of labor and materials furnished said contractor in accordance with the provisions of law. Be it further resolved that a cer- tified check shall accompany each bid to the amount of 5 per cent of the total bid price, certified upon a solvent Iowa bank and payable to the City Treasurer of the City of Dubuque which check shall be a guarantee that the contractor will enter a contract and furnish a bond for the performance of the contract if such contract be awarded to him and upon failure to enter into such contract the amount of the certified check shall be retained by the City of Dubuque as agreed liquidated damages. Passed, adopted and approved this 7th day of December, 1925. THEO. P. GABRIEL, Mayor pro -tem. L. H. BREDE, ED. SCHREMPF, H. G. MELGHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. City Manager C. E. Douglas stat- ed that he had received a communi- cation from the Governor of Minne- sota, stating that he hoped to see Dubuque represented at the Water- ways convention to be held in St. Paul, Jan. 5th and 6th, 1926. Councilman Brede moved that the City Manager be authorized to 'at- tend the Waterways convention to be held at St. Paul, Min., Jan. 5th and 6th, 1926. Seconded by Coun- cilman Melchior. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. City Manager C. E. Douglas stat- ed that he had received letters from Senator S. W. Brookhart, and Con- gressman T. J. B. Robinson, also a letter from Paul Moore, secretary to Senator A. B. Cummings, acknow- ledging the receipt of the resolution adopted by the City Council relative to the deepening of the channel of the Mississippi River to 9 feet, from St. Paul to New Orleans, voicing their approval of the plan. Councilman Brede moved that the letters be filed for record. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Petition of the W. O. W. Drill Team, asking for use of the third floor of the City Hall about one hour a week for drill purposes. Councilman Brede moved that the prayer of the petition be granted, they to pay for extra expense for gas and etc. Seconded by Council- man Melchior. Carried by the fol- lowing vote: Yeas — Mayor pro -tem Gabriel, Special Session, December Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Councilman Brede moved that in the matter of the Newkirk Co., on 4th and Locust Streets, the City Solicitor be directed to request said Company to put up a $10,000 indem- nity bond to protect the City in case of accident on account of the slop- ing sidewalks facing Locust and 4th Streets, adjacent to their garage. In case the Company refuses to put up this bond, the City will have this sidewalk torn up. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. A communication from Mayor Alderson stating that, to fill the va- cancy created on the Board of Trustees for the Public Library, by the resignation of J. W. McEvoy, he hereby submits the name of Mrs. Clyde Ellsworth, presented. No ac- tion taken by the Council. There being no further business, the Council adjourned. JOHN STUBER, City Clerk. Approved 1925. Adopted 1925. Councilmen Attest: I A City Clerk. 15th, 1925 739 CITY COUNCIL (Official) Special Session, December 15th, 1925. Meeting called by order of Council- men Brede, Gabriel. Council met at 4:30 P. M. Present —City Manager Douglas, Councilmen Brede, Gabriel, Melchior, Schrempf. Absent —Mayor Alderson. Councilman Brede moved that Councilman Gabriel be appointed Mayor pro -tem of this meeting. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas — Councilmen Brede, Melch- ior, Schrempf. Nays —None. Absent —Mayor Alderson. Not voting — Councilman Gabriel. Mayor pro -tem Gabriel read the call and stated that service thereof had been duly made and accepted and that this meeting is called for the purpose of a hearing on the issu- ance of Main Sewer bonds of the City of Dubuque; levying special as- sessments for the improvement of Hempstead Street, and a sanitary sewer in Quince Street, and author- izing the issuance of bonds to pay for these improvements; adopting a resolution of necessity for the con- struction of a sanitary sewer in South Locust Street, and acting on any other business that may come before the meeting. Councilman Brede moved that the rules be suspended to allow anyone present to address the Council. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor pro -tem Gabriel, Councilmen Melchior, Schrempf, Brede. Nays —None. Absent —Mayor Alderson. John F. Teal addressed the Coun- cil relative to delinquent assessment for construction of a sidewalk and offered to make a settlement, stating that he could pay $50.00 now and the balance by next June. Councilman Brede moved that the Treasurer accept the $50.00 on ac- count, cancel the penalty and upon receipt of the balance due, to cancel the assessment. Seconded by Coun- cilman Melchior. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Councilman Melchior moved that action on the Main Sewer bonds be 740 Special Session, December 15th, 1925 postponed. Seconded by Councilman Brede. Carried by the following vote: Yeas -Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays -None. Absent -Mayor Alderson. 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 pay for the improvement of Hempstead Street from the South line of Kaufmann Avenue to the North line of Lot 2 of 1 of 150 and 150A, L. H. Langwonthy's Add. There being no remonstrance, Councilman Brede moved that the notice be received and filed. Sec- onded by Councilman. Schrempf. Carried by the following vote: Yeas - Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays -None. Absent -Mayor Alderson. Resolved by the City Council of the City of Dubuque, that to pay for improving Hempstead Street from the south property line of Kaufmann Avenue to the north line of Lot 2 of 1 of 150 and 150A, L. H. Langworthy Add., by J. F. Lee Paving Co., con- tractor, 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 own- ed, and for the several amounts set opposite each lot or parcel of real estate, as follows: Owner. Description. Amount. Amelia Geisler, Sub. Lot 1 of 150 and 150A, L. H. Lang- worthy Add., Lot 5; con- crete paving cost, $78.34; extra expense at 5.09792 per cent, $3.99; interest at 6 per cent, 58c; total $ 83.01 Lizzie Mihm, Sub. Lot 1 of 150 and 150A, L. 11. Langworthy Add., Lot 4; concrete pav- ing cost, $64.38; extra ex- pense at 5.09792 per cent, $3.28; interest at 6 per cent, 55c; total 66.21 Henry and Mable Kramer, Sub. Lot 1 of 150 and 150A, L. H. Langworthy Add., Lot 3; concrete paving cost, $57.21; extra expense at 5.09792 per cent, $2.92; in- terest at 6 per cent, 50c; total 60.63 P. E. Mihm, Sub. Lot 1 of 150 and 150A, L. H. Langworthy Add., part of Lot 2; con- crete paving cost, $164.29; extra expense at 5.09792 per cent, $8.39; interest at 6 per cent, $1.42; total 174.10 C. A. Voelker Estate, Mech- anics Add., part of Lot 74; concrete paving cost, $1.86; extra expense at 5.09792 per cent, 9c; interest at 6 per cent, 2c; total 1.97 Lizzie Mihm, Sub. Lot 1 of 150 and 150A, L. H. Langworthy Add., part of Lot 1; con- crete paving cost, $54.62; extra expense at 5.09792 per cent, $2.78; interest at 6 per cent, 48c; total 57.88 Lizzie Mihm, Sub. Lot 1 of 150 and 150A, L. H. Langworthy Add., part of Lot 6; con- crete paving cost, $13.95; extra expense at 5.09792 per cent, 71c; interest at 6 per cent, 12c; total 14.78 Casper Albinger, Sub. Lot 150, L. H. Langworthy Add., S. 31 ft. part of Lot 2; con- crete paving cost, $6.16; ex- tra expense at 5.09792 per cent, 31c; interest at 6 per cent, 5c; total 6.52 Casper Albinger, Sub. Lot 150, L. H. Langworthy Add., N. 61 ft. 5 in. of Lot 2; con- crete paving cost, $5.63; .ex- tra expense at 5.09792 per cent, 29c; interest at 6 per cent, 5c; total 5.97 Casper Albinger, Sub. Lot 152, L. H. Langworthy Add., part of Lot 1; concrete pav- ing cost, 45c; extra expense at 5.09792 per cent, 2c; in- terest at 6 per cent, Oc; 'total .47 E. G. Schon, Sub. Lot 3 of 146 and 146A, L. 11. Langworthy Add., Lot 1; concrete pav- ing cost, $75.62; extra ex- pense at 5.09792 per cent, $3.86; interest at 6 per cent, 66c; total 80.14 E. G. Schon, Sub. Lot 2 of 3 of 146 and 146A, L. IL Lang- worthy Add., part of Lot 1; concrete paving cost, $14.76; extra expense at 5 09792 per cent, 75c; interest at 6 per cent, 12c; total 15.65 Wm. Papenthim, Sub. Lot 2 of 3 of 146 and 146A, L. H. Langworthy Add., Lot 2; concrete paving cost $174.53 extra expense at 5.09792 per cent, $8.92; in- terest at 6 per cent, $1.52; total 185.27 Anna Kueper, Sub. Lot 146 and 146A, L. H. Langworthy Add., Lot 2; concrete pav- ing cost, $28.95; extra ex- pense at 5.09792 per cent, Special Session, December 15th, 1925 741 $1.48; interest at 6 per cent, 25c; total 30.58 Richard Otto, Sub. Lot 1 of 1 of 146 and 146A, L. H. Lang- worthy Add., Lot 1; con- crete paving cost, $15.84; extra expense at 5.09792 per cent, 81c; interest at 6 per cent, 14c; total 16.79 John Loetscher, Sub. Lot 1 of 146 and 146A, L. H. Lang- worthy Add., Lot 2; con- crete paving cost, $3.41; ex- tra expense at 5.09792 per cent, 17c; interest at 6 per cent, 3c; total 3.61 Voelker Realty Co., Sub. Lot 151, Mechanics Add., part of Lot 2; concrete paving cost, $2.05; extra expense at 5.09792 per cent, 10c; inter- est at 6 per cent, 2c; total 2.17 John Loetscher, Sub. Lot 1 of 151, Mechanic Add., part of Lot 2; concrete paving cost, $13.36; extra expense at 5.09792 pet cent, 68c; in- terest at 6 per cent, 12c; total 14.16 Richard Otto, Sub. Lot 1 of 151, Mechanic Add., Lot 1; concrete paving cost, $11.46; extra expense at 5.09792 per cent, 58c; interest at 6 per cent, 10c; total 12.14 Philomena Hayes, Sub. Lot 150, Mechanic Add., Lot 1; concrete paving cost, $28.91; extra expense at 5.09792 per cent, $1.47; interest at 6 per cent, 25c; total 30.63 C. A. Voelker Estate, Sub. Lot 2 of 150, Mechanics Add., part of Lot 1; concrete pav- ing cost, $19.71; extra ex- pense at 5.09792 per cent, $1.00; interest at 6 per cent, 17c; total 20.88 Philomena Hayes, Sub. Lot 2 of 150, Mechanics Add., part of Lot 2; concrete paving cost, $12.12; extra expense at 5.09792 per cent, 62c; in- terest at 6 per cent, 10c; total 12.84 Simon Sutter, Mechanics Add , part of Lot 147; concrete paving cost, 69c; extra ex- pense at 5.09792 per cent, 4c; interest at 6 per cent, lc; total .74 Simon Sutter, Mechanics Add , Lot 146; concrete paving cost, $1.21; extra expense at 5.09792 per cent, 8c; in- terest at 6 per cent, 1c; total 1.28 Simon Sutter, Mechanics Add., Lot 145; concrete paving cost. $1.49; extra expense at 5.09792 per cent, 8c; inter- est at 6 per cent, lc; total 1.58 Simon Sutter, Mechanic's Add., Lot 144; concrete paving cost, 40c; extra expense at 5.09792 per cent, 2c; inter- est at 6 per cent, Oc; total .42 Total $902.52 428 sq. yds. concrete paving at $1.99 per sq. yd. $851.72 Interest at 6 per cent 7.38 Extra expense at 5.09792 per cent 43.42 Total $902.52 All of which is assessed in pro- portion to the special benefits conferred. Councilman Schrempf moved the adoption of the resolution. Second- ed by Councilman Brede. Carried by the following vote: Yeas - Mayor pro -tem Gabriel, Councilmen Brede, . Melchior, and Schrempf. Nays -None. Absent -Mayor Alderson. 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 Hempstead Street 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 $902.52. 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 therefor, be it resolved by the City Council of the City of Du- buque that to provide for the cost of improving Hempstead Street from the south line of Kaufmann Avenue to the north line of Lot 2 of 1 of 150 and 150A L H Langworthy Add. there be issued Improvement bonds to the amount of $902.52. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1924, which bear date as of the 15th day of January, A. D. 1926, shall be in the denominations of $100.00 each, except that there shall be one bond to the amount of $2.52; they shall be numbered from 1149 to 1158 inclusive and shall be divided into 10 series of which the bond numbered 1149 shall constitute the first series and shall be payable 742 Special Session, December on the 1st day of April, A. D. 1926; the bond numbered 1150 shall con- stitute the second series and shall be payable on the 1st day of April, 1927; the bond numbered 1151 shall constitute the third series and shall be payable the 1st day of April 1928; the bond numbered 1152 shall con- stitute the fourth series and shall be payable the 1st day of April, 1929; the bond numbered 1153 shall consti- tute the fifth series and shall be payable the 1st day of April, 1930; the bond numbered 1154 shall con- stitute the sixth series and shall be payable the lst day of April, 1931 the bond numbered 1155 shall con- stitute the seventh series and shall be payable the 1st day of April, 1932; the bond numbered 1156 shall constitute the eighth series and shall be payable the lst day of April, 1933; the bond numbered 1157 shall constitute the ninth series and shall be payable the lst day of April, 1934; the bond numbered 1158 shall constitute the tenth series and shall be payable the 1st clay of April, 1935. 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 principal and in- terest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be No. 1149 to 1158 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, 1926; or any time before that date at the option of the City the sum of One Hundred Dollars with interest there- on at the rate of 5 per cent per annum, payable on the presentation and surrender of the interest coup- ons 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 Dubuque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 124, and in accordance with a reso- lution of the City Council of said City, duly passed on the 15th day of De- cember, 1925. This bond is one of a series of 10 bonds, 9 for $100.00 numbered 1149 to 1157 inclusive and one for $2.52 numbered 1158; all of like tenor and date, and issued for the purpose of 15th, 1925 improving Hempstead street 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 an- nual 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 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 Dubuque 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 af- fixed this 15th day of January, 1925, and has authorized the use of their fac - simile signatures to the interest coupons hereto attached. Mayor. Countersigned City Clerk. (Seal) 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 Dollars at the office of the City Treasurer in the City of Dubuque, being months interest due that day on its improvement bond No elated 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 I of said sale to be kept in a special Special Session, December 15th, 1925 743 fund to be known as Improvement 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 15th 1925. Approved: Mayor. THEO. GABRIEL, H. G. MELCHIOR, ED. SCHREMPF, L. H. BREDE, Councilmen, Attest: JOHN STUBER, City Clerk. Councilman Schrempf moved the adoption of the resolution. Second- ed by Councilman Brede. Carried by the following 'vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Notice of publication certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment and authorize the issu- ance of bonds to pay for the con- struction of a sanitary sewer in Quince Street from Rush Street about 190 feet north. There being no remonstrance, Councilman Erode moved that the notice be received and filed. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior and Schrempf. Nays —None. Absent —Mayor Alderson. Resolved by the City Council of the City of Dubuque: That to pay for constructing sanitary sewer in Quince Street from Rush Street about 190 feet north by C. B. Mc- Namara Construction Co., contractor, in front of and adjoining the same, a special tax be and is hereby lev- ied 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 Patrick and James Mulligan, Sub. lot 186 Union Add., Lot 1; 75 lin. ft. tile pipe and manholes at $1.083, $81.23; extra expense at 3.07941 per cent,' $2.50; in- terest at 6 per cent, 71c; total 84.44 Susan Ryan, Sub. lot 105 Un- ion Add., S. 50 ft. Lot 1; 50 lin. ft. tile pipe and man- holes at $1.083, $54.14; ex- tra expense at 3.07941 per cent, $1.67; interest at 6 per cent, 46c; total 56.27 John Klecker, Union Add., Lot 116; 75 lin. ft. tile pipe and manholes at $1.083, $8L23; extra expense at 3.07941 per cent, 2.50; interest at 6 per cent, 71c; total 84.44 Total $225.15 196 lin. ft. 6 in. tile pipe at 85c per lin. ft $166.60 1 manhole at $50.00 per man- hole 50.00 Interest at 6 per cent 1.88 Extra expense at 3.07941 per cent 6.67 Total $225.15 All of which is assessed in pro- portion to the special benefits con- ferred. Approved December 15th, 1925. Adopted December 15th, 1925. Mayor. THEO. GABRIEL, H. G. MELCHIOR. ED. SCHREMPF, L. H. BREDE, Councilmen, Attest: JOHN STUBER, City Clerk. Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior and Schrempf. Nays —None. Absent —Mayor Alderson. Resolution Providing for the Issu- ance of Public Improve- ment Bonds. Whereas, the contract heretofore entered into by the City of Dubuque for the construction of a sewer in Quince Street, hereinafter described, has been completed and said im- provement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $225.15. 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 therefor, be it resolved by the City Council of the City of Dubuque that to provide for the cost of con- 744 Special Session, December 15th, 1925 struction of a sewer in Quince Street from Rush Street about 190 feet north there be issued Sewer Bonds to the amount of $225.15. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1924, which bear date as of the 15th day of January, A. D. 1926, shall be in the denomination of $225.15, and numbered 1159, and shall be payable on the 1st day of April, 1926. 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 therto at- tached; and said bonds shall be pay- able out of the proceeds of the spe- cial assessment levied for said im- provement. Both principal and in- terest 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. 1159 Series No CITY OF DUBUQUE. Sewer 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 15th day of December, 1925. This bond is one of a series of one bond for $225.15, numbered 1159, and is- sued for the purpose of constructing a sewer in Quince Street from Rush Street about 190 feet north, 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 an- nual 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 mon- ey 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 assessments, collections and payment hereon of said special tax, the faith and dili- gence 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 15th day of January, 1926, and has authorized the use of their fac- simile signatures to the interest coupons hereto attached. Countersigned: Mayor. City Clerk. (Seal( 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 Countersigned: Mayor. 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 here- by 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 reg- ister 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 in- structed 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 countersigned with the fac - simile signature of the City Clerk. Adopted December 15th, 1925. Approved: Special Session, December 15th, 1925 745 having been duly approved by the City Council and Manager and State Board of Health and now on file in the office of the City Clerk. Mayor. THEO. GABRIEL, H. G. MELCHIOR, ED. SCHREMPF, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Erode moved the adop- tion of the resolution. Seconded by Councilman Schrempf. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Notice of publication of resolution of necessity, certified to by the pub- lisher, that it be deemed necessary and advisable to construct a sanitary sewer in South Locust Street from manhole in Railroad Avenue and South Locust Street to the end of the present sewer, There being no remonstrance, Councilman Brede moved that the notice be received and filed. Second- ed by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Resolution of Necessity for Con- struction of Sewer. Whereas, a plat and schedule has been duly prepared by the City Coun- cil of the City of Dubuque and now on file in the office of the Clerk thereof, showing the boundaries of the district, the streets and alleys and other places along which the sewers are to be constructed, the terminal points of the same, each lot proposed to be assessed therefor, an estimate of the cost of the same for each different type of construction and the kind of materials to be used and in each the amount thereof which it is estimated will be assess- ed against each lot. Be it therefore, resolved by the City Council of said City, on its own motion, that it is deemed necessary and advisable to construct, lay and put in place a 12 -inch tile sanitary sewer in South Locust Street from the manhole in Railroad Avenue and South Locust Street, north to the end of the present sewer. Said sewer shall be provided with manholes and any other appurten- ances that may be necessary. Said I sewer shall be constructed in accord- ance with the plans and specifica- tions prepared by the City Engineer, That the cost and expense of mak- ing and constructing saih sewer shall be assessed against the privately owned property abutting thereon not to exceed the amount provided by law and upon such adjacent property as might be benefited thereby and in proportion to such benefits, and any deficiency shall be paid out of the General Fund or Sewer Fund, or partly frpm each of said funds and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds there- of used to pay the contractor. Be it further resolved that the above and foregoing sewers are here- by proposed to be constructed as hereinbefore set forth, and that this proposed resolution, except this para- graph, be and the same is hereby set down for further and final hearing, consideration and determination, at a meeting of this Council to be held on the 15th day of December, 1925. at 4:30 o'clock P. M., in the Council Chamber of the City Hall of this city, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolu- tion, and the time and place when and where said proposed resolution will be considered for passage, to be given by application in the official newspapers of said city, in the man- ner and for the time prescribed by law, at which time the owners of property subject to assessment for said proposed sewer may appear and make objection to the boundaries of the proposed district, if any, to the cost of the proposed sewers, to the amount proposed to be assessed against any lot, and to the passage of the proposed resolution, and un- less property owners at the time of the final consideration of said reso- lution have on file with the Clerk objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objec- tions thereto. The above resolution was approved and orderd placed on file for final action and notice of its pendency or- dered given this 23d day of Novem- ber, 1925. Mayor. H. G. MELCHIOR, THEO. GABRIEL, L. H. BREDE, ED. SCHREMPF, Councilmen. Attest: JOHN STUBER, City Clerk. THEO. GABRIEL, Mayor pro -tem. H. G. MELCHIOR, ED. SCHREMPF, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adop- tion of the resolution. Seconded by Councilman Melchior. Carried by the following 'vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Resolution Ordering Construction of Sewers and Directing Clerk to Advertise for Bids. Be it resolved by the City Council of the City of Dubuque, that pur- suant to a resolution of necessity, proposed at a meeting of this Coun- cil on the 23d day of November, 1925, and duly passed on the 15th day of December, 1925, it is hereby ordered by this Council, upon its own mo- tion, and without petition of prop- erty owners, that the sewer de- scribed in said resolution be con- structed, the same being a 12 -inch sanitary sewer in South Locust Street from the manhole in Railroad Street and South Locust Street north to the end of the present sewer. Said sewer shall be constructed in accordance with the plans and spec- ifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for pro - posals for the construction of said sewer, as provided by law, which sewer shall be completed on or be- fore the 1st day of March, 1926. The cost and expense of said sewer will be paid for by levying special assessments against the pri- vately owned property abutting up- on said sewer and also against such adjacent property as might be bene- fitted thereby and in proportion to such benefits, and payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments, as pro- vided by law, and any deficiency will be paid out of the General Fund or the Sewer Fund, or partly from each of such funds. This resolution being deemed ur- 746 Special Session, December 15th, 1925 The foregoing resolution of neces- sity was passed, adopted and ap- proved as proposed, by the City Council this 15th day of December, 1925. gent and of immediate necessity, shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 15th day of December, 1925. THEO. GABRIEL, Mayor pro -tem. H. G. MELCHIOR, ED. SCHREMPF, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the adop- tion of the resolution. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. A communication of the Dubuque Shippers Association, approving the favorable action taken by the City Council, in favor of the improvement of the Waterways, especially the up- per Mississippi, presented and read. Councilman Brede moved that the communication be referred to the City Manager. Seconded by Coun- cilman Melchior. Carried by the following vote: Yeas — Mayor pro -tern Gabriel, Councilmen Brede, Melchior and Schrempf. Nays —None. Absent —Mayor Alderson. Report of the National Board of Fire Underwriters Committee, on Fire Prevention and Engineering Standards on the City of Dubuque, presented and read. Councilman Brede moved that the report be received and filed for rec- ord. Seconded by Councilman Mel- chior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior and Schrempf. Nays —None. Absent —Mayor Alderson. Bill of expense of J. W. McEvoy in the sum of $60.00 incurred by him in attending the convention of the Mississippi Valley Waterways Asso- ciation, held Nov. 23rd and 24th, rep- resenting the City of Dubuque. Councilman Brede moved that the bill be paid and the Auditor be au- thorized to draw a warrant for this amount in favor of J. W. McEvoy. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays—None. Absent —Mayor Alderson. A resolution from the American Special Session, December 15th, 1925 747 Waterworks Association, extending thanks to the City of Dubuque, its Council, its City Manager, its City Solicitor, and Waterworks Board, especially J. W. McEvoy, for the as- sistance and encouragement offered the Iowa section of the American Waterworks Association in making the 11th annual convention of this section a success, presented and read. Councilman Brede moved that the resolution be received and filed for record. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tern Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent — Mayor Alderson. A remonstrance against changing the name of Raymond Place to Aus- tin Place presented and read. Stat- ing that the street was named for Alderman Raymond, deceased, a re- vered member of this community, a good citizezn, and whose efforts for the betterment of the City, and the neighborhood in the vicinity of the street in question, were unceasing. The remonstrance is respectfully submitted to the City Council, by the undersigned owners of property abutting and adjacent to said Ray- mond Place, signed by C. B. Trewin, Mary A. McDonald, J. M. McDonald. Councilman Brede moved that the petition be received and filed for record, and the previous action of the Council granting the change of name for said street be rescinded. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Councilman Brede moved that the City Manager and City Solicitor be authorized to formulate plans for is- suance of bonds, to cover the deficit created by improvements of recent years. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. December 15th, 1925. Certificate of City Manager To City Council. Subject: Acceptance of Woodworth Street sewer. The undersigned hereby certifies that the contract for the construc- tion of a sanitary sewer in Wood- worth Street, Cottage Place and Ab- bott Street, Uhlrich -Paley Co., con- tractors, has been completed. I fur- ther certify that said work has been clone in accordance with the plans, specifications and stipulations of said contract and I therefore recom- mend the acceptance of this work. C. E. DOUGLAS, City Manager. A Resolution Accepting Improve- ments and Directing the City Clerk to Publish Notices. Whereas, the contract for the im- provement of Woodworth Street, Abbott Street and Cottage Place by the construction of a sanitary sew- er, has been completed and the City Engineer has examined the work and filed his certificate stating that the sane has been completed ac- cording to the terms of the contract, plans and specifications and recom- mends its acceptance, now therefor Be it resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Engin- eer be approved and said improve- ment be and the sauce is hereby ac- cepted and the City Engineer be and he is hereby instructed to pre- pare a plat and schedule showing the lots or parcels of real estate sub- ject to assessment for said improve- ments and file the same in the office of the City Clerk subject to public inspection and said City Clerk shall upon receipt of such plat and sched- ule publish the notice of the Coun- cil's intention to levy special assess- ments therefor, as required by law. Be it further resolved that said Clerk be and he is hereby directed to publish a notice of the intention of the City Council to issue public improvement bonds to pay the cost of said improvements and state therein the time and place, when and where objections thereto may be filed by interested parties, the meet- ing of this Council for said purpose to be held on the same date that the special assessments herein pro- vided for are to be levied. Be it further resolved that the City Treasurer be and he is here- by directed to pay to the cont ;actor for the funds to be realized from the sale of improvement bonds issued upon the above described improve- ments an amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 15th day of December, 1925. THEO. GABRIEL, Mayor pro -tem. H. G. MELCHIOR, ED. SCHREMPF, L. H. BREDE, Councilmen, j. 748 Special Session, December Attest: JOHN STUBER, City Clerk. Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. December llth, 1925. City Council, Dubuque, Iowa. Gentlemen: I hereby respectfully request a reduction to my sewer as- sessment for the construction of the Southern Ave. District Sewer on Lot No. 34 Sub. of Mineral Lot 39. MIS,. DENNIS MORIARITY Councilman Brede moved that the Council view the grounds. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Report of the City Solicitor To the Honorable Mayor and City Council of Dubuque. Gentlemen: The City of Dubuque acquired through tax sales deed of the north 29 feet 2 inches of lot 240 of Glendale Addition, belonging to Rose Francois. This sale was made for delinquent tax for the improve- ment of Washington street and the certificate was acquired in 1921 and the deed in 1924. I have taken the matter up with Nick Francois the husband of the owner of this prop- erty and he advises me that there are certain circumstances connected with this matter which entitled them to consideration. I agree entirely with his position and for that reason I would recom- mend that the City cause to be exe- cuted a deed of this property to Rose Francois upon payment to the City of the sum of $92.23, this being the amount which the City has invested. If this is agreeable I would recom- mend that the resolution attached hereto be adopted. Respectfully submitted. M. H. CZIZEK, City Solicitor. Councilman Brede moved that the recommendation of the City Solic- itor be approved and carried out as recommended. Seconded by Coun- cilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel. Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. 15th, 1925 Resolution Be it resolved by the City Coun- cil of the City of Dubuque that the Mayor and Clerk be and they are hereby directed to execute a War- ranty Deed on behalf of the City of Dubuque to Rose Francois in con- sideration of the payment by her of the sum of $92.23, said deed to con- vey to said grantee the following described real estate: North 29 feet two inches of Lot 240, Glendale Addition, to the City of Dubuque. Passed, adopted and approved this 15th day of December, 1925. THEO. GABRIEL, Mayor pro -tern. H. G. MELCHIOR, ED. SCHREMPF, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved the ad- ont'on of the resolution. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. To the Honorable Mayor and City Council of the City of Dubuque. Gentlemen: Mercurio Pusateri has brought suit against the City for damages resulting from personal in- juries and damages to an automobile which was struck by a falling tree on Jackson Street on the 26th day of December, 1924. As you remember I discussed this case with the Council the time of the accident and I am convinced that the City was to blame for the conditions existing there at the time. When Jackson Street was improved the roots of a tree were cut off, and this weakened the support so that the tree was blown over and onto the car of the plaintiff. Suit was brought in the •sum of $2,250.00 and was based upon per- sonal injuries as well as damages to the car. I have affected a settlement in this case for the amount of the repairs to the car amounting to $226.75, and I would recommend that this settlement be approved and that a warrant be drawn in favor of Frantzen, Bonson & Gilloon, attor- neys for plaintiff. The plaintiff will pay the costs. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Brede moved that the recommendation of the City Solicitor be approved and carried out as rec- ommended and the Auditor be in- Special Session, December 15th, 1925 749 strutted to draw a warrant in the sum of $226.75 in favor of Frantzen, Bonson & Gilloon, his attorneys. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilman Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. To the Honorable Mayor and City Council of the City of Dubuque. Gentlemen: Fred Gasser, an em- ployee of the City, was injured in July this year and the City was re- sponsible for medical attention as well as ordinary compensation. In order to determine the extent of the injuries, and to see that he- ceived proper care, I arranged with Doctors Moes and Palen to take an x -ray and furnish him with ordinary medical attention. 1 have received a statement which is attached hereto for $30.00 for this service, and I would recommend that a warrant be drawn in favor of Doctors Moes and Palen for this amount. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Brede moved that the recommendation of the City Solicitor he approved and carried out as rec- onlmended and the Auditor be in- structed to draw a warrant in the sum of $30.00 in favor of Doctors Moes and Palen. Seconded by Coun- cilmen Melchior. Carried by the fol- lowing vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. To the Honorable Mayor and City Council of the City of Dubuque. Gentlemen: At a recent meeting of this Council settlement was made with Dr. A. N. Fosselman in the sum of $750.00 for damages sustained by him in a fall on the 20th day of Jan- uary, 1925. When this case was brought against the City I notified the North- western Telephone Co. that the City claimed that it was responsible for the accident and requested that they interest themselves to the extent of settling the same or defending. I have had several conferences with the attorney representing this Company and was assured that if the City settled the same for $750.00 the Company would reimburse the Cit;, to the amount of the settlement. This transaction has now been made and there is hereto attached the vou- cher check of the Northwestern Tele- phone Company in favor of the City of Dubuque in the sum of $750.00, which reimburses the City for its outlay in this case. I would recommend that the City Treasurer endorse this voucher as City Treasurer and that he be sb in- structed to do so by motion of this Council. There is also attached hereto a Release and Settlement which should be executed by the City Manager up- on instruction from the Council, and I advise that a motion be made di- recting Mr. Douglas to execute this settlement agreement on behalf of the City of Dubuque. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Brede moved that the recommendation of the City Solic- itor be approved and instructions carried out. Seconded by Council- man Melchior. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. An Ordinance ordering and requir- ing Dubuque Electric Co., their suc- cessors and assigns, to construct and maintain a high tension line from its power plant to connect with the high tension lines of the Interstate Power Company between Dubuque and Clinton; authorizing said Com- pany, its successors and assigns to erect and maintain poles, wires and towers along the route to be used by it; and prescribing limitations and conditions upon this grant. Present- ed and read. Councilman Melchior moved that this be considered the first reading of the Ordinance. Seconded by Coun- cilman Brede. Carried by the follow- ing vote: Yeas —Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. City Solicitor Czizek reported ver- bally that Mrs. Cecelia Tapelt had paid $30.00 on account of sewer as- sessment against Lot 22 in Park Hill Add.; that by an oversight this was not credited to her account, and the property was sold to the City at tax sale, and she hereby asks that she be allowed to redeem this lot, that she is willing to pay what is due with interest to date. Councilman Melchior moved that the tax sale certificate held by the City be cancelled and Mrs. Tapelt be allowed to make the balance of the payments on this lot with interest to 750 Special Session, December 15th, 1925 date. Seconded by Councilman Brede. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. December 11, 1925. To the Mayor and City Council of the City of Dubuque, and to M. H. Czizek, City Attorney. Gentlemen: In re: Appeals of Birdena E. Bush and Virg E. R. Robinson from pav- ing assessments. In this matter when I appeared be- fore you the City Manager and some of you had already examined the property and had decided upon cer- tain reductions in the assessments upon the various lots. At that time I advised you that the reductions were so inadequate that as to certain of the lots the owners would elect to allow then to be confiscated ra- ther than pay the proposed tax. I have just gone over the matter with my clients and I find they have definitely decided to allow the City to take Lots 18, 19, 20, 21 and 22 rather than pay assessments upon them. They would be glad to have the assessments cancelled and they would then deed the lots over to the Park Board if the Park Board would accept the lots otherwise they would allow the City to sell the lots for the taxes and let them go. We are proposing this to you and in con- nection with it would ask that you grant upon the remaining lots the reductions which you had contem- plated granting at that time unless you would in the meantime feel that fairness would require still greater reduction. The remaining lots would be Lots 1, 12, 13, 14, 15, 16 and 17. This formal letter is in confirma- tion of a conversation which I have just had with the City Attorney and I am presenting it to you because I believe it will appeal to your sense of fairness when you take into ac- count the value of the property. 1 have said frankly to the City Attor- ney that I believe I can find no way to stay in court upon the appeals which I have taken and the City At- torney understands that I am claim- ing no technical legal rights growing out of said appeals. I would appreciate it if you would give the matter attention and advise us at your earliest opportunity what reductions will be made upon the re- maining lots and in what manner you would care to have those lots numbered 18 to 22 inc. turned over to you. Very truly yours, HURD, LENEHAN, SMITH & O'CONNOR. —By W. A. Smith. Councilman Brede moved that the reductions on this property be made as recommended by the Council at a previous meeting, and the Council will accept a deed for Lots 18, 19, 20, 21 and 22 as offered in the petition. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. December 15th, 1925. Moved by Councilman Brede and seconded by Councilman Melchior that the following reductions be granted to the assessments for the improvement of West 14th Street from Alta Vista to Audubon Street. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. Description of property: Und. 1 / 2 of Lot 17, Pinehurst Sub., Virg. E. 13. Robinson, ($400.00) reduced from $97.53 to $74.38, amount of reduc- tion $23.15 Und. 1/z of Lot 17, Pinehurst Sub., Birdena E. Bush, ($400.00) reduced from $97.53 to $74.38 23.15 Und. 1/E of Lot 16, Pinehurst Sub., Virg. E. 13. Robinson, ($400.00) reduced from $97.53 to $74.38, amount of reduc- tion 23.15 Und. 1/2 of Lot 16, Pinehurst Sub., Birdena E. Bush, ($400.00) reduced from $97.53 to $74.38, amount of reduc- tion 23.15 Total $92.60 Moved by Councilman Brede and seconded by Councilman Melchior that in order to take care of the de- ficit in the special assessment funds incurred through the reductions in assessments for the improvement of West 14th Street there be a warrant drawn on the General Fund in favor of the Special Improvement Fund in the sum of $92.60, and the City ac- cept a deed as offered by their at- torney, in the foregoing petition, for Lots 18, 19, 20, 21 and 22. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Special Session, December 15th, 1925 Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1925. Adopted 1925. Councilmen Attest: City Clerk. 751 BOARD OF HEALTH Special Session Dec. 15th, 1925. Board met at 5:30 P. M. Present — Councilmen Brede, Gab- riel, Melchior and Schrempf. Councilman Gabriel appointed as chairman of this meeting. Meeting called for the purpose of adopting a resolution, ordering Geo. F. Acker to abandon outside toilet or water closet and connect prem- ises with sanitary sewer. The following resolution was pre- sented and adopted: Special Order and Notice from Board of Health To Geo. F. Acker, 949 Iowa Street. You are hereby notified that on the 14th day of December, 1925, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the premis- es described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa. that it is deemed necessary that Lot Number 5 of S. M. Langworthy Sub, 190 Booth street, owned by Geo. F. Acker, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a san- itary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Geo. F. Acker be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property he connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which 'to be done within Thirty (30) days from the date hereof. Be it further resolved that said Geo. F. Acker be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action 752 Special Session, December 21st, 1925 as the Council or Board of Health may determine. Dated this 15th day of Dec., 1925. THEO. GABRIEL, Mayor pro -tern. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice or such action will be taken as to the Council or Board of Health may seem proper. Signed D. C. STEELSMITH, Health ,Officers. Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor pro -tem Gabriel, Councilmen Brede, Melchior, and Schrempf. Nays —None. Absent —Mayor Alderson. There being no further business, Board adjourned. JOHN STUBER, Clerk of the Board of Health. Approved 1925. Adopted 1925. Board of Health Attest: Clerk, Board of Health. CITY COUNCIL (Official) Special Session December 21st, 1925. Meeting called by order of Council- men Brede and Melchior. Present —City Manager Douglas, Councilmen Brede Gabriel, Melchior, Schrempf. Absent —Mayor Alderson. Councilman Brede moved that Councilman Melchior be appointed as Mayor pro -tem of this meeting. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Councilmen Brede Gabriel, Schrempf. Nays —None. Absent —Mayor Alderson. Not voting — Councilman Melchior. Mayor pro -tem Melchior read the call, service of which had been duly made and accepted. Call for Special Meeting of the City Council of Dubuque. To Louis Brede, Councilman. A special meet- ing of the City Council of the City of Dubuque will be held at 4:30 P. M. on Monday, December 21st, 1925, at the Council Chamber in the City Hall for the purpose of introducing and acting on a resolution proposing a supplemental estimate on Main Sewer Fund Taxes, and for the fur- ther purpose of introducing and act- ing upon a resolution, entitled "Res- olution to. fix date of hearing at which it is proposed to take action for the issuance of Twenty -nine Thousand Five Hundred Sixty -three Dollars and Forty -one cents, $29,563.41) Main Sewer Bonds; and for the purpose of acting upon bids which have been submitted by con- tractors for the construction of main sewer in the open ditch commonly called Bee Branch Sewer and fur- ther for any other purpose which may ordinarily come before a regu- lar meeting. You are notified to be present at said meeting at the time and place hereinbefore stated. Dated at Dubuque, Iowa this 18th day of December, 1925. Signed by L. H. Brede, and H. G. Melchior, Councilmen. Attest: John Stuber, City Clerk. December 19th, 1925. To City Council. Subject: Bids received for Bee Branch Sewer. The following is a tabulation of bids received December 18th, for the construction of a storm water and I sanitary sewer in the ditch known as Bee Branch: Special Session, December 21st, 1925 753 R. F. Conlin -1692 ft. concrete pipe at $17.95, 1287 ft. 6 inch tile at $1.24, six manhoes at $34.00; total, $32,171.28. James Saul -1692 ft. concrete pipe at $16.93, 1287 ft. 6 inch tile at 55c, six manholes at $35.00; total, $29,563.41. C. B. McNamara -1692 ft. concrete pipe at $28.50, 1287 ft. 6 inch tile at 75c, six manholes at $50.00; total, $49,487.25. J. F. Lee -1692 ft. concrete pipe at $19.95, 1287 ft. 6 inch tile at 60c, six manholes at $37.50; total, $34,752.60. Uhlrich -Paley -1692 ft. concrete pipe at $17.24, 1287 ft. 6 inch tile at 80c, six manholes at $45.00; total, $30,469.68. A. Zwack -1692 ft. concrete pipe at $18.95, 1287 ft. 6 inch tile at $1.50, six manholes at $50.00; total, $34,293.90. Engineer's estimate $34,000.00. James Saul & Son is low bidder on this work. Respectfully submitted, C. E. DOUGLAS, City Manager. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the con- struction of a storm water sewer in the ditch known as Bee Branch and James Saul & Son, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provid- ed for in the plans and specifica- tions; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the construction of a storm water sewer in the ditch known as Bee Branch be awarded to James Saul & Son and the Mayor and Manager be and they are hereby directed to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Passed and adopted this 21st day of December, 1925. H. G. MELCHIOR, Mayor pro -tem. ED. SCHREMPF, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the resolution be approved and adopted and placed on file in the office of the City Clerk for a period of not less than one week for public in- spection. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tem Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor - Alderson. RESOLUTION rescinding a Resolu- tion declaring the intention of the Council of the City of Dubuque to issue bonds to pay the cost of con- structing a main sewer in the open ditch commonly. called Bee Branch Sewer, adopted on the 23rd day of November, 1925, also rescinding a Resolution providing for the levy of a tax to pay principal and in- terest on said bonds, adopted on the 23rd day of November, 1925; and also rescinding and recalling notices published pursuant to said Resolutions. Whereas, on November 23rd, 1925 the City Council of the City of Du- buque adopted a Resolution declar- ing the intention of this Council to issue bonds to pay the cost of con- structing a concrete main sewer in the open ditch commonly called Bee Branch Sewer; and Whereas, on the same day this Council adopted a Resolution provid- ing tor the levy of a tax to pay prin- cipal and interest of said bonds; and Whereas, pursuant to said Resolu- tions notices were published in the Telegraph- Herald and Times - Journal newspapers in the City of Dubuque fixing a time for a hearing upon the issuance of bonds and the levy of the tax; and Whereas, the amount provided for in said Resolutions are found to be in excess of the actual amount for which the contract for said improve- ment will be made, and in order to provide for the issuance of bonds in the amount of the contract and the levy of a tax to pay the same; It is therefore resolved by the City Council of the City of Dubuque that the Resolutions and notices hereto- fore referred to be and the same are hereby rescinded and annulled and that other proceedings be instituted to conform with the contract which will be awarded by this Council for the construction of said improve- ment. Passed, adopted and approved this 21st day of December, 1925. H. G. MELCHIOR, Mayor pro -tem. ED. SCHREMPF, THEO, GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. 754 Special Session, December 21st, 1925 Special Session, December 21st, 1925 755 Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tem Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor Alderson. RESOLUTION to fix a date of meet- ing at which it is proposed to take action for the issuance of $29,563.41 Main Sewer Bonds. Whereas, the City of Dubuque in the County of Dubuque, and State of Iowa, has heretofore ordered and contracted for an improvement con- sisting of the constructing of a main sewer to be located in the open ditch commonly known as "Bee Branch Sewer" in the City of Dubuque. The cost thereof to the amount of $29,563.41 to be borne by said City; and Whereas, it is deemed for the best interests of said City that the cost to be so paid be realized at this time and that the Main Sewer Bonds of said City be issued therefor; Now, therefore, be it resolved by the City Council of the City of Du- buque as follows: Section 1. That this Council meet on the 4th day of January, 1926, at 4:30 P. M. at which time and place proceedings will be instituted and action taken for the issuance of $29,563.41 Main Sewer Bonds for the purpose of defraying the cost of con- structing a main sewer to be located in the open ditch commonly known as "Bee Branch Sewer" in said City. Section 2. The City Clerk is here- by directed to give notice of pro- posed action for the issuance of said bonds, setting forth the amount and purpose thereof, the time and place where said meeting will be held, by publication at least once for at least 10 days before said meeting, in the Telegraph - Herald, a newspaper of general circulation within said City: Said notice shall be in substantially the following form: Notice of Meeting for Issuance of Main Sewer Bonds The City Council of the City of Dubuque, Dubuque County, Iowa, will meet on the 4th day of January, 1926 at the City Hall, Dubuque, Iowa, at 4:30 o'clock P. M. for the purpose of instituting proceedings and taking action for the issuance of $29,563.41 Main Sewer Bonds of the said City for the purpose of de- fraying the cost of constructing a main sewer to be located in the open ditch commonly known as Bee Branch Sewer, in said City. At any time before the date of said meeting, five or more tax payers may file a petition in the office of the City Clerk setting forth their objections, thereto. By order of the City Council, Dec. 21st, 1925. JOHN STUBER, City Clerk. Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage and ap- proval. Passed and approved, Dec. 21st, 1925. H. G. MELCHIOR, Mayor pro -tem. ED. SCHREMPF, THEO. GABRIEL, L. H. - BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Recorded December 21st, 1925. JOHN - STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor pro -tern Melchior, Councilmen Brede, Gabriel and Schrempf. Nays —None. Absent — Mayor Alderson. RESOLUTION proposing a supple- mental estimate of main sewer fund taxes. Whereas, the city of Dubuque, in the County of Dubuque, and State of Iowa, heretofore pursuant to and in strict compliance with all laws applicable to said City, lawfully or- dered an improvement consisting of the construction of a main sewer to be located in the open ditch com- monly known as "Bee Branch Sew- er" in said City, the cost thereof to the amount of Twenty -nine Thou- sand Five Hundred Sixty -three Dol- lars and Forty -one cents ($29,563.41) to be borne by the City of Dubuque, and to be paid from a tax levied on all the taxable property within said City; and Whereas, it is now advisable to make provision for the payment of said cost to be borne by said City and to make a supplemental estimate for taxes for future years pursuant to the provisions of Chapter 24 of the Code of Iowa, 1924, as amended; Now, therefore, be it resolved, by the City Council of the City of Du- buque, Iowa, as follows: Section 1. That a supplemental estimate for the levy of taxes for each of the years 1926 to 1940 in- clusive be made as follows: That in pursuance of Section 6213 of the Code of Iowa, 1924, there shall be levied, assessed and collected a direct annual tax of five (5) mills on the dollars of valuation (or such portion thereof as may be necessary) upon all the taxable property within said City for each of the years 1926 to 1940 inclusive, sufficient to pro- duce net annual sums as hereinafter provided. Section 2. Said taxes shall be col- lected each year at the same time and in the same manner as and with and in addition to all other taxes in and for said City, and when col- lected shall be converted into a special fund. Section 3. That this Council meet on the 4th day of January 1926, at the City Hall within said City at 4:30 o'clock P. M. at which time and place any person subject to such tax shall be heard in favor or against the same or any part thereof. Section 4. That the Mayor and City Clerk are hereby directed to give notice of said supplemental es- timate, setting forth the time, when and the place where said hearing will be held, by publication at least ten days before said hearing in the Telegraph - Herald, a newspaper pub- lished in said City. Said notice shall be in substantially the follow- ing form: Notice of Supplemental Estimate The City Council of the City of Dubuque, Dubuque County, Iowa, will meet on the 4th day of January, 1926 at the City Hall, Dubuque, Iowa, at 4:30 o'clock P. M. at which time and place tax payers will be heard for and against the following estimate for levies of taxes for fu- ture years. Said tax will not in any one year exceed five (5) mills on the dollar and the proceeds there- from will be used to pay the .prin- cipal and interest on bonds issued for the purpose of paying the cost of constructing a main sewer to be located in the open ditch common- ly known as "Bee Branch Sewer" in said City. Year Year Collected Levied and Expended Amount 1928 1927 $2,438.97 1927 1928 1,330.36 1928 1929 1,330.36 1929 1930 1,330.36 1930 1931 1,330.36 1931 1932 4,330.36 1932 1933 4,195.36 1933 1934 4,060.36 1934 1935 3,925.36 1935 1936 3,790.36 1936 1937 3,655.36 1937 1938 3,520.36 1938 1939 3,385.36 1939 1940 3,250.36 1940 1941 2,678.76 Said supplemental estimate and hearing is in lieu of the supplement- al estimate heretofore proposed for hearing before the City Council on December 15, 1925. By order of the City Council of the City of Dubuque, Iowa. H. G. MELCHIOR, Mayor pro -tem. JOHN STUBER, City Clerk. Section 5. That the City Clerk is hereby directed to file verified proof of the publication of said notice in the office of the Auditor of Dubuque County. Section 6. That this resolution be in force and effect immediately upon its passage and approval. Passed and Approved December 21st, 1925. H. G. MELCHIOR, Mayor pro -tem. ED. SCHREMPF, THEO. GABRIEL, L. H. BREDE, Councilmen. JOHN STUBER, City Clerk. Recorded December 21st, 1925. JOHN STUBER, City Clerk, Councilman Brede moved the ad- option of the resolution. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tern Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor Alderson. Petition of P. L. Mulligan stating that he is the owner of lot 186 Un- ion Add., asking that the assess- ment against said lot be cancelled for the Rush Street sewer. Stating further that he is assessed for the Quince Street sewer which he is willing to .pay, he claims that he de- rives no benefit from the sewer in Rush Street, and that the assess- ment as it is levied against lot 186 is about 67 per cent of the valu- ation of the property. Councilman Schrempf moved that the rules be suspended to allow any one present to address the Council. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tem Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor Alderson. Mr. Mulligan addressed the Coun- cil relative to the petition, stating that the assessment as levied is more than he can pay and he here- by asks the Council to examine in- to this matter. Councilman Brede moved that the 756 Special Session, December 21st, 1925 Council view the grounds. Second- ed by Councilman Schrempf. Car- ried by the following vote: Yeas — Mayor pro -tem Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor Alderson. Petition of property owners in the vicinity of Cooper Heights objecting to the changing of the name of Gil- more Street to Regina Street, pre- sented. Signed by Wm. Kretchmer, Otto F. Geiger et al (6 signers). Councilman Brede moved that as action on this was taken at a prev- ious meeting, the petition be re- ceived and filed. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor Alderson. Quit claim deed of Birdena E. Bush and Virginia E. B. Robinson, in favor of the City of Dubuque, con- veying to said City lots 18, 19, 20, 21, 22, in Pinehurst Subdivision in the City of Dubuque presented for approval. Councilman Brede moved that ac- tion on the acceptance of the deed be postponed and the City Manager be authorized to have an abstract made of the lots. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tem Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor Alderson. Original notice; Consolidated Na- tional Bank of Dubuque, Iowa, Plain- tiff, vs. Jas. A. Gregory and the City of Dubuque, Defendant. Notice given that on or before the 25th day of Dec., 1925, the petition of the plaintiff in the above en- titled cause will be filed in the office of the Clerk of the District Court of the State of Iowa and in and for Du- buque County claiming the sum of $3500.00 and interest thereon at the rate of 6 per cent from September 2nd, 1924, upon a written order of defendant James A. Gregory, direct- ed to the defendant city, on August 21st, 1924 and by it accepted August 22nd, 1924, given plaintiff as secur- ity for money to be advanced by plaintiff to defendant Gregory, and upon the strength of which order and acceptance advanced said Greg- ory on his notes, $2500.00 on Sept. 2nd, 1924, and $1000.00 on Sept. 23rd, 1924. Signed by Hurd, Lenehan, Smith & O'Connor, attorneys for plaintiff. Councilman Schrempf moved that the notice be referred to the City Solicitor. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor pro -tern Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor Alderson. December 21st, 1925. Certificate of City Manager To City Council. Subject: Acceptance of Overview Court Sewer. The undersigned hereby certifies that the contract for the construc- tion of a sanitary sewer in Overview Court Uhrich -Paley Co., contractors, has been completed. I further certify that • said work has been done in accordance with the plans, specifications and stipu- lations of the contract and I would therefore recommend the acceptance of. said work. Respectfully, C. E. DOUGLAS, City Manager. A Resolution Accepting Improve- ments and Directing the City Clerk to Publish Notices. Whereas, the contract for the im- provement of Overview Court by constructing a sanitary sewer has been completed and the City Engin- eer has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefor Be it resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Engin- eer be approved and said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvements and file the same in the office of the City Clerk subject to public inspec- tion and said City Clerk shall upon receipt of such plat and schedule publish the notice, of the Council's intention to levy special assessments therefor, as required by law. Be it further resolved that said Clerk be and he is hereby directed to publish a notice of the intention of the City Council to issue public improvement bonds to pay the cost of said improvements and state therein the time and place, when and •where objections thereto may be filed by interested parties, the meet- ing of this Council for said purpose to be held on the same date that 1 Councilmen Attest: Special Session, December 21st, 1925 the special assessments herein pro- vided for are to be levied. Be it further resolved that the City Treasurer be and he is hereby directed to pay to the contractor for the funds to be realized from the sale of improvement bonds is- sued upon the above described im- provements an amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 21st day of December, 1925. H. G. MELCHIOR, Mayor pro -tem. ED. SCHREMPF, THEO. GABRIEL, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved the ad- option of the resolution. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor pro -tern Melchior, Councilmen Brede, Gabriel, and Schrempf. Nays —None. Absent —Mayor Alderson. There being no further business, Councilman Brede moved to adjourn. Motion carried. JOHN STUBER, City Clerk. Approved 1925. Adopted 1925. City Clerk. 757 •