1947 December Council ProceedingsRegular Session, December lst, 1947 347
' amount of refund granted an the
_
((il ® -- ~1 1 ~ ~ ~
~
~
~ unexpired portion of liis Class "B"
1
'~,~.;,
~
117 Beer Permit No, 44. Seconded by
Councilman Van Duehttan. Carried
(OfficiaU by the following vote:
Regular Session, December 1st, yeas-Mayor Murphy, Council-
1947
. men Moffatt, Thompson, Van Duel-
- Council met at 7:30 P, 12, ma-n, Wharton.
Present-Mayor Murphy, Coun- Nays-None.
cilnten Moffatt, Thompson, Van
Duehnan, Wharton. City Manager Petition of Wm, Horne request-
Rhmnberg, ing a refund in the amount of X50,00
Mayor Murphy stated that this is ~ on the unexpired portion of his Cig~-
the regular monthly meeting ~of the arette Permit No. 113 ~as he has dis-
City Council for the Purpose of act- continued business on December 1,
ing upnr such business as may pro- 1947, presented and read.
perly come before the meeting'. Councilman Moffatt moved that
Councilman Thompson moved . the request be granted and the City
that the rules be suspended for the ' Auditor instructed to draw a tvar-
purpose of allowing any one pies- t'ant iu the amount of $50,00 ~in
'
ent in the Council Chamber, who favor of Wn. Horne to cover the
wishes to do sq to address the amount of refund granted on the
Council. Seconded by Couucihnan unexpired portion of his Cigarette
Wharton. CatTied by the following Permit No. 113. Seconded by Coun-
cihuan Vau Duehnan. Carried by
vote:
Yeas-Mayor Murphy, C~ounclL the follo,ving~ vote:
Van Duel-
men Moffatt
Thompson yeas-Mayn• Murphy, Council-
,
, men Moffatt, Thompson, Van Duel-
man, Wharton. man, Wharton.
Nays-None. Ways-None,
Nick Gronmersch addressed
Mr
,
the Cotmcil in regard to bus ser- Cmnmunication of the Na'Cional
vice on the Park Hill District 'and Safety Council stating that they are
ou F~anfm~ann Avenue again undertaking au annual catn-
,
Petition of Thos, Flynn Coal Co, paign to reduce' accidents during
requesting an
by Thos. L. Flynt the year-end holiday and enclosing
,
extension of tints for the comple~ a suggested statement to be given
to the press, presented and read.
tion of the contract for the paving Councilman Thompson nt o v e d
of Audubon Street, presented and that the request be received and
read. ordered complied with. Seconded
' Councilman Wharton moved that by Councilman Van Duehnan. Car-
the request be granted attd an ex- tied by the Following vote:
tension of time given until May 31, yeas-Mayor Murphy, Comicil-
1943, providing that the consent of hen Moffatt, Thompson, Van Duel-
the Bonding Company is obtained titan, Wharton.
as to the extension of tithe Nays-None.
granted, Seconded by Couucihnan petition of Julius D. Jenkins and
Moffatt. Carried by the following
Frank d. FitzPatr-ick requesting a
vote: refuttd in the amount of $lOD.00 o7i
Yeas-Mayor Murphy, Council- the unexpired portion of their Class
men Moffatt, Thompson, Van Duel- "B" Beer Permit No: 77 as they
man, Wharton. have discontinued business on
Nays-Nona. November 3, 1947, presented and
Petition oY ~Vm. Horne request- read.
ing a refund in the amount bf Councilman Vau Duehnan moved
$100,00 on the unexpired portion of that the request b'e granted and the
his class "B" Beer Permit No. 44 City Auditor instructed to draw a
as he has [liscontinued business on warrant 'in the amount of $100.00 in
December 1, 1947, presented and favor of Julius D. Jet~ins and
read. Frank J. Fitzpatrick to cover ti'he
Couucihnan Z~,rlrart~on moved that amount of refund granted on the
the request be granted and the City unexpired portion of their Class
Auditor instructed to draw away- "B" Beer Permit No, 77. Seconded
rant in the amount of $100.00 in by Councilman Wharton. Carried
favor of Wm. Horne to cover the by the following vote:
34H Regular Session, December 1st, 194%
Yeas-Nlaym• Murphy, Council-
men Nioftatt, Thompson, Van Duel-
man, Wharton.
Nays-None,
Proof of publication, certified to
by the publishers, of a statement
of receipts and also a list of claims
far which warrants were drawn
during the month of October, 1947,
presorted anti read.
Councilman Vau Duelman moved
that the proof of publication he re-
ceived and filed, Seconded by Coun•
cihnan Wharton. Cartzed by the fol-
lotiving' vote:
Peas-Mayor Murphy, Council
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 32.47
An Ordinance creating the office
of Building Camnriasi~oner, provid-
ing'the qualifications for~said office
and the appointment of a Building
Cmumissioner, said ordinance hav-
iug~ been passed upon first reading
on November 24th, 1947, and or-
dered placed on file with the City
Clerk for public inspection Yor at
least one week before its final~adop-
tion, was Presented for final adop-
tion.
ORDINANCE NO. 32.47
An Ordinance creating the office of
[3uilding Commissioner, providing d,e
qualifications for said office and the
appointment of a Building Commis-
sioner.
Non', Therefore,
BE IT ORDAINED BY THE CITY
COUNCIL Oh' THE CITY OPa DU-
BUQUE:
Sec. 1. There is hereby created the
office of Betiding Commissioner of Lhe
City of Dubuque and such office is
ehaiged with the duty of enforcing
the Building Code, Zoning Ordinances
and any other ordinances that may
pertain to building and zoning.
Sec. 2. The Building Commissioner
must be a person competent to carry
out the intent and purpose oP the
building Code, Zoning Ordinance and
any other ordinance that may per-
tain to building and zoning. An archi-
tect, structural or civil engineer et-
perienced in building, a general con-
tractor, ageneral superintendent hav-
ing not less than 10 years esperienoe,
or any person regularly serving as
building inspector iu the City who
has then fiti~e years of service as such
building inspector, shall be considered
competent to act as Building Conn
missioner.
Sec. 3. The City Manager of the
City of Dubuque shall appoinC a com-
petent person to fill the office of
Building Commissioner of the City of
Dubuque. This person shall hold said
office during the pleasure of the City
Manager, or until his successor has
been selected and qualified.
Passed upon firs'- reading, Novem-
ber 24th, 1947.
Passed, adopted and approved upon
final reading this tst day cf Decem-
ber, 1947.
GEO. ft. 61URPHS,
1lapor.
l+'RANI~ VAN DUELnIAN.
F. W, THOMYSON.
ALBERT WHARTON.
4~~. W, b10EFATT.
Councilmen.
Attest: ~. J. SHEA, City Clerk.
Published officially in The Te1e-
graph-Herald newspaper Phis 3rd day.
oP December, 1942.
.l. J. SHE9.
t3-3-]t. City Clerk.
Councihnatl Wharton moved the
adoptimr of the ordinance. Sec-
onded by Councilman Moffatt, Car-
Tied by the fallowing vote;
Yeas-Mayor Murphy, Council
men NIoffatt, Thamps~on, Van Duel•
man, Wharton.
Nays-None.
Ordinance No, 33-47
An Ordinance amending Ordi-
nance No. 10-37, entitled "Traffic
Code of the City of Dubuque" as
amended by Ordinance No. 1-39,
Ordinance No. 12-43 and Ordi-
nance No, 9-44, by striking out
certain provisions thereof and in-
serting other provisions iu lieu
thereof, regulating the use of ve-
hicles upon the streets and high-
ways of the City of Dubuque and
by repealing all Ordinances or
parts of Ordinances in conflict
herewith, presented and read.
Councilman Vau Duelman moved
that the reading just had be consid-
ered the first reading of the ordi-
nance. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Nlayor -~Iurphy, Council-
men Moffatt, Thompson, Van Due1-
mau, Wharton.
Nays-None.
Councilman Van Duelman moved
that the rules he suspended requir-
ing au ordinance to be read on
three separate days, Seconded by
Councilman Wharton. Carried by
the following vote;
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man Wharton.
Nays--None.
Councilman Vau Duelman moved
that the ordinance be placed on file
with the City Cleric for public tti-
speetiou for at least one week be-
fore 'its final adoption. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
Regular Session, December 1st, 1947 349
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nags-None.
State of Iowa ~ SS.
County of Dubuque f
This fs to certify that I served a
copy of the above resolution (Con-
demnation Resolution No, 165-47)
upon Marie and Nellie Clancy this
28th day of November, 1947.
DONALD J. BANDY,
Building Inspector.
Subscribed and sworn before me,
Geraldine L. Demkier, a Notary
Public in and for Dubuque County,
Iowa, on this 28th day of Novem-
ber, 1947.
GERALDINE L. DEMKIER,
Notary Public in anti for
Dubuque County, Iowa.
Councilman Whal•ton moved that
the Return of Service of Donald J.
Bandy, Building Inspector, be re-
ceived and made a matter of rec-
ord. Seconded by Councilman
Thompson. Cart~ied by the follow-
lug vote:
Yeas-11Iayor Murphy, Council-
men Moffatt, Thompson, Van Due1-
man, Wharton,
Nays-None.
State of Iowa l SS.
County of Dubuque J
This is to certify that I served a
copy of the above resolution (Con-
demnation Resolution No. 166-47)
upon Elissa McGill, Rose HoefHin,
• Nlrs. Geo. Blasi, Lena Klieih, Frank
Childers this 28th day of Novem-
ber, 1947.
DONALD J. BANDY,
Building Inspector.
Subscribed and sworn before me,
Geraldine L. Demkier, a Notary
Public in and for Dubuque County,
State of Iowa, on this 28th day of
November, 1947.
GERALDINE L. DEMKIER,
Notary Public in and for
Dubuque County, Iowa,
Councilman Wharton moved that
the Return of Service of Donald J.
Bandy, Building Inspeot~r, be re-
ceived and made a matter of rec-
ord. Seconded by C o u n c i l m a n
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor NIm•phy, Council-
men Moffatt, Thompson, Van Duel-
man. Wharton.
Nays-None.
State of Iowa l SS.
County oP Dubuque J
This is to certify that I served a
copy of the above resolution (Con-
demnation Resolution N. 167-47)
upon Antionette M. Scharle this
28th day of November, 1947.
DONALD J. BANDY,
& Building Inspector.
Subscribed and sworn before me,
Geraldine L. Denilcier, a Notary
Public iu and for Dubuque County,
State of Iowa, on this 28th day of
Novemt'er, 1947.
GERALDINE L. DEMKIER,
Notary Puhlic in and for
Dubuque County, Iowa.
Comicilman Wharton moved that
the Return of Service of Donald J•
Bandy, .Building Inspector, be re-
ceived and made a matter of rec-
ord. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-None.
Dubuque, Iowa,
November 24th, 1947.
To the Honm•able Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen: Iu accordance with
the provisions of the Code of Iowa,
1946, the Civil Service Commission
conducted an entrance examination
ou November 14th, 1947, for those
seeking the position of Policeman.
The report certifying the names of
those wlio passed their physical
examinations was filed with the
Civil Service Commission on No•
vember 24th, 1947.
The following is a list of those
who passed both the physical and
written examination with an aver-
age of 70% or better. All Future ap-
pointments to the positions on the
Police Department should be made
from this list.
Namo Average
Charles J, Jenaman ................... 81%
Louis C. Palen .._ ..........................SO%
Respectfully submitted,
E. B, LYONS,
Chah•man.
C. S. HARKER,
R, NI. BENN,
Commissioners.
J. J. SHEA,
Clerk.
Subsm•ited and sworn to before
3S0 Regular Session, December 1st, 1947
me this 24th day of November,
1947.
JOHN A. BRADY,
Notary Public.
Councilman Thompson move d
that the report of the Civil Service
Commission be received and made
a matter of record. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-1llayor Murphy, Council-
me~ Moffatt, Thompson, Van DueI-
man, Whartov,
Nays-None.
Dubuque, Iowa,
December 1, 1947.
To the Honorable Mayor and
Members of the City Cottncil,
City of Dubuque, Iowa.
Gentlemen: In accordance with
the provisi~ous of the Code of Iowa,
1946, the Civil Service Commission
conducted an entrance examination
on November 14th, 1947, for those
seeking the position of Policeman-
The report certifying the name of
Robert J. O'Brien as having passed
his physical examination was filed
with the Civil Service Commission
on November 28, 1947,
Therefore the name of Robert J.
O'Brien should be placed on the
eligible list for appointments to the
position of Policeman as Ste has
passed the written examination
with an average of 92% and has
now been certified by the Police
Pension and Retirement Board as
having passed his physical exam-
ination.
Name Average
Robes°t J. O'Brien ....,__._.__..., 92%
Respectfully submitted,
E. B. LYONS,
Chairmen.
C. S. HARDER,
R. 117. BENN,
Commissioners.
J. J. SHEA,
Clerk.
Subscribed and sworn to before
me this 1st day of December, 1947.
GERALDINE L, DEMI{IER,
Notary Public.
Councilman Thompson m ~o v e d
that the report of~the Civil Service
Commission be received and made
a matter of record. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Dubagae, Iowa,
December 1st, 1947.
To the Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen: In accordance with
the previsions of the Code of Iowa,
1946, the Civil Service Commission
conducted an entrance examination
on November 14th, 1947, for those
seeking the position of Fireman.
The report certifying the names of
those who passed their physical ex-
aminations was filed wit~~h the Civil
Service Commission on November
28, 1947.
The following is a list of those
tivh~o passed both their written and
physical examinations tivith an a~ver-
age of 70% or better. All future ap•
pointmeuts ~bo the positions on the
Fire Department should be made
from this list.
Name Average
Thos. Hogan ................................86%
Edward J. Weber ......___...........83%
Clifton 111. Finney .......................82%
Respectfully submitted,
E, B. LYONS,
Chairman,
C. S. HARDER,
R. 114. BENN,
Commissioners.
J. J, SHEA,
Clerk.
Subscribed and sworn to before
me this 1st day of December, 1947.
GERALDINE li. DEMI~iER,
Notary Public.
Councilman Moffatt moved that
tho report of the CivIl Service
Commission be received and made
a matter of record, Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
me~u Moffatt, Thompson, Van Duel-
man, l~i~hartou,
Nays-None.
Resolution No. 174-47
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, havurg complied with the
provisions of law relating to the
sale oY cigarettes tivithin ibhe City of
Dubuque, he granted a permit to
sell cigarettes and cigarette papers
wifhin said City and the Manager
is directed to issue such permit on
behalf of said Ctty.
Name Address
Clifford Calvert and Bertha Cal-
vert, 185 Maiu Street,
Leroy G. Richman, 400 Rhomberg
Avenue.
Regular Session, December 1st, X947 351
Opal Gilmer and Rollin E. Mur-
ray, 310 East 30th Street.
Be It Further Resolved that the
bonds filed with the applications be
approved.
Passed, adopted and approved
this 1st clay of December, 1947.
GEO. R. MURPHY,
Mayor,
FRANK VAN DUELMAN,
F. 1V. THOMPSON,
ALBERT WHARTON,
W. W, 11IOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Sec-
onded b,y Councilman Van Duel-
man, Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 175-47
Whereas, applications fm• Be'er
Permits have been submitted to
this Council for approval and the
same have been examined; Now,
Therefore,
Be It Resolved by the Council of
the City ~of Dubuque that the fol-
lowing applications be granted and
the licenses are to be issued upon
the compliance with the terms of
the ordinances of this Gity.
CLASS "B" PERMIT.
Name Address
Frank J. Paar, 1828 Central
Avenue,
Frank T. O'Rourke and l1lrs. Sa-
ra.~h Waldorf, 37 Eighth Avenue.
The Page Hotel, 73~7b East
Fourth Street.
Leroy G, Richman, 400 Rhomberg
Avenue.
Charles T. Snyder and Elsie Sny-
der, 543 Eighth Avenue.
CLASS "~" PERMIT.
Name Address
Cruso A. Alba, 2601 Jackson
Street.
Leo Manahi, 785 Groveland Place,
Passed, adopted and approved
this 1st day of December, 1947.
GEO. R. MURPHY,
Mayor.
FRANK VAN DUELMAN,
F. «~. THOMPSON,
ALBERT WHARTON,
W, W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Moffatt moved the
adoptimr of the resolution. Sec-
onded by Councilmanr Thompson.
Carried by the following vote:
Yeas-Mayor Murphy, Ceuncil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No, 176-47
Whereas, heretofore applications
for Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
Whereas, the premises to he oc-
cupied by such applicants have
been inspected and found to com-
ply with the ordinances of this City
and they have filed a proper hood;
Now, Therefore,
Be It Resolved by the Comrcil of
the City of Dubuque that the Man-
ager be and he is hereby directed
to issue to the following named
applicants a Beer Permit:
CLASS 'B" PERMIT.
Name Address
Clifford Calvert and Bertha Cal-
vert, 185 Main Street.
Opal Gilmer and Rollin E. Mur-
ray, 310 East 30th Street.
Frank J. Paal~, 1828 Cezltral
Avenue.
Frank T. O'Rourke and Mrs. Sa-
rah Vdaldorf, 37 Eighth Avenue.
The Page Hotel, 73-75 East
Fourth Street.
Leroy G. Richman, 400 Rhomberg
Avenue.
Charles T. Snyder and Elsie Sny-
der, 543 Eighth Avenue.
CLASS "C" PERMIT.
Cruso A. Alba, 2601 Jackson
Street.
Leo Manahl, 785 Groveland Place.
Be It Further Resolved that the
bonds filed by such applicant be
and the same are hereby approved.
Passed, adopted and approved
this lst~,day of December, 1947.
GEO. R, MURPHY,
Mayor.
FRANK VAN DUELMAN,
F, W. THOMPSON,
ALBERT WHARTON,
W. W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the fallowing vote:
Yeas-Mayor Mhrphy, Council-
3S2 Regular Session, December 1st, 1947
men MofYatt, Thompson, Van Duel-
man, Wharton.
Nays-Moue.
Councilman Thompson move d
that the Mayor be authorized to is-
sue a proclamation requesting that
flags be placed at half mast on
Thursday, December 4th, 1947, in
recognition of the beginning of the
Federal Program for the return of
the remains of the war dead to
theie respective communities. Sec-
onded lty Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor' Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
There being no further business,
Councilman Thompson moved to
adjourn. Seconded by Councilman
Moffatt. Carried by the following
vote:
Peas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
. man, Wharton.
Nays-None.
J, J. SHEA,
City Clerk.
Approved .................................. 1948
Adopted ..,,._ . .........................._ 1948.
Councilmen: j ............_ ......................
I
attest : .. .............................................
City Clerk,
s
SPeciai Session, December 19th, 1947 3S3
to do so, to address the Council.
®~ ®
~~~
~
~ ~
~ Seconded by Councilman Vau Duel-
~
'!
I till
'~ „ man. Carried 11y the following
(Official)
vote:
Yeas-Mayor Murphy, Council-
Special Session, December 19th, men Moffatt, Thompson, Van Dttel-
1947• man, Wharton.
Council met at 7:30 P. M. Nays-None.
Present-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel• Attorney Francis J. O'Connor ad-
man, Wharton. City Manager dressed the Council requesting that
Rhonrberg. the petitimt of the Illinois Centra~~1
Meeting called by order of Coun- Railroad Company and the Algon-
cilmen Thompson and Van Duel- quip Chemical Company, in which
petition the request was made that
man. Lot 1 of Rock Cut Subdivision be
Maym~ Murphy read .the call and zoned as heavy industrial area, be
stated that service thereof had again taken up for consideration.
been duly made and that this meet- After discussion of this petition,
ing i~s called for the purpose of can- Councilman Wharton moved that
sidering for final adoption Ordi- the City Solicitor be instructed to
nonce No. 33-47. An Ordinance contact the City Attorney at Ham-
antending Ordinance No. 10-47, en- mond, Indiana, to ascertain if the
titled "TRAFFIC CODE OF THE sulphuricacid plant located there
CITY OF DIIBUQIIE" as amended .has been the cause of complaints
by Ordinance No, 1-39, Ordinance and trouble, Seconded by Council-
No. 12-43 and Ordinance No. 9- man Van Duelman. Carried by the
44, by striking out certain provis follotiving vote:
ions thereof and inserting other
Yeas-Mayor Murphy, Council-
provisimtis in lieu thereof, regular- Van Duel-
Thompson
men Moffatt
ing the use of vehicles upon the ,
,
streets and highways of the City of ratan, Wharton.
Dubuque and by repealing all Ordi- Nays-None,
nauees or parts of Ordinances in Attorney Francis J. O'Connor ad-
confliet herewith and acting on any dressed the Council requesting that
other business as may properly the petition of St. Clara College,
come before a regular meeting of Sinsinawa, Wisconsin, relative to
the City Council, the paving of Platt Street exten-
Petition of Homer V. Butt, Sr„ sion eastwardly to the south end of
et al, requesting that the proposed Cardiff Street be again taken up
parking restrictive Ordinance be for consideration. After discussion
amended before final adoption by of this petition Councilman Whar-
eliminating the restriction as it re- ton moved that the City Engineer
fern to the alleyway between Main be instructed to prepare a plat and
aid Iowa Streets and extending schedule showing the cost of can-
front West Twelfth Street to Loras s~truction, with different types of
Boulevard„ presented and read. pavement, for the extension of
Platt Street from Jatnes Street to
Councilman Moffatt moved that Cardiff Street. Seconded by Coun-
the petition be referred to the City oilman Thompsmt. Carried by the
Manager, Chief of Police and Chief folloling vote:
of Fire Department fm' investiga-
tion and to submit a report upon Yeas-Mayor Murphy, Council-
suggested revisions in the parking then Moffatt; Thompson, Vau Duel-
ordinance. Seconded by Council- man, Wharton.
man Thompson. Carried by the fo]- Nays-None.
lowing vote:
Yeas-Mayor Murphy, Gouucil- Notice of Claim of Anton Schmitz
Thompson, Van Duel-
men Moffatt in an unstated amount for injuries
,
Wharton,
man received in a fa14 on an icy side-
'
,
Nays-None. s resi-
walk in front of the Riedl
dence at 711 East 22nd. Street, pre-
Councilman Wharton moved that rented and read. Councilman Van
the rules be suspended for the pur- Duelman moved that the Notice of
pose of allowing any one present in Claim he referred Go the City Solici-
the Council Chamber, who wishes for for investigation and report.
3~4 Special Session,
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Notice of Claim of Anna Nlay
Lyotzs in the amount of $2,500.00
for. injuries received in a fall caus-
ed by an open space or void~in the
sidewalk on the west side of
White Street at the north-
west corner of Tenth a n d
White Streets, presented and read.
Comrcihnan Moffatt moved that the
Notice of Claim be referred to the
City Solicitor for investigation and
report, Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men hloffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Original Notice of Suit of Clar-
ence Bowen and Bessie Bowen in
the amount of $3,000.00 for dama-
ges caused at their residence at
No. 2975 Windsor Avenue as the
result of the backing up of the soul-
tart' sewer into sa-id residence, pre-
sented and read. Councilman
Thompsmi moved that the Original
Notice -of Suit be referred to the
City Solicitor. Seconded by Coun-
cilmalt Wharton. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Coumtunication of War Depart-
ment United States Engineer Office,
Rock Island, Illinois, of notice of
public hearing to be held at the
Chamber of Commerce Building,
Dubuque, Iowa, ott January 6, 1948,
at 2:00 P. M, to consider the advis-
ability ~of providing harbors along
the Mississippi River for the pur-
pose of aecomodating commercial
tows, barges, small craft, and other
vessels, presented and read, Coun-
cilman Wharton moved that City
Manager Rhomberg be requested
to attend the meeting. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
December 19th, 1947
Conununication of War Depart-
mentUnited States Engineer Office,
Rock Island, Illinois, of notice of
requests far extension of permits,
issued tinder authority o~f the Sec-
retary ~of the Army, to Molo Sand
& Gravel Company, Dubuque Board
of Dock Commissioners, Dubuque
Boat & Boiler Company,. for the
purpose of dredging sand and
gravel in the Mississippi River for
commercial purposes, presented
and read. Councilman Wharton
moved that the communication be
referred to the Board of Dock Com-
missioners. Seconded by Council-
man Moffatt, Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
nran, Wharton.
Nays-None,
Conununication of the Eastern
Air Lines advising that the Civil
Aeronautics- Board on November
28th issued an Order consolidating
Eastern Air Lines' application for
authority to extend their present
system northward to Dubuque to•
gether with other airlines' applica-
tions which had previously been
tentatively set for a hearing be-
fore aCivil Aeronautics Board Ex-
aminer on February 16, 1948 and
stating that as a preliminary step
and in order that the City of Du-
buque may become a legal party to
the forthcoming proceedings, it tvi11
be appropriate for the municipality
and civil agencies to file with the
Civil Aeronautics Board ~a petition
far leave to intervene in the pro-
ceedings, presented and read. Coun-
cilman Van Duelman moved that
the City of Dubuque petition the
C.A.B. for leave to intervene iu the
matter of the Eastern Air Lines
application for authority to extend
their system through Dubuque. Sec-
~ouded by Councilnyau Wharton.
Carried by the following vote:
Peas-Mayor Murphy, Council•
men Moffatt, Thompson, Van Duel-
man Wharton,
Nays-None.
Communication of the Eastern
Air Lines submitting copy of their
letter to Mr. Jo1m A. Kerper con-
cerning Eastern's proposed exten-
sion to Dubuqueand asking for
Special Session, December 19th, 1947
data on the commercial and indus-
trial activities in the City of Du-
buque, presented and read.
Councilman Thompson move d
that the communication be referred
to the City Manager to secure the
data as requested front the Avia-
ti~ou Committee of the Chamber of
Commerce. 5eeon[led by Council-
man Moffatt. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
December 8, 1947.
F, SV. Coates Insurance Agency,
822 Roshek Building,
Dubuque, Iowa.
Gentlemen:
Re: Thos. Flynn Coal Company
to City of Dubuque, Iowa.
Pond 1513579-$25,388.96.
It is our understanding that the
City Council of the City of Du-
buque, Iowa, have agreed to an ex-
tension for completion of the work
under the contract covered by the
above bond to May 31, 1948, pend-
ing the acceptance of this action
by the Bonding Company,
United States Guarantee Com-
pany, as surety on this bond, here-
by consent to the extension for
completion of work ender bhe con-
h~act covered by this instrument to
May 31, 1948.
Very truly yours,
~,STUART J, VOR BROKER,
Attm°ney-in-Fact.
Councilman Thompson ni o v e d
that the communicatfon be re-
ceived and made a matter of record.
5ecouded by Councilman Wharton.
Carried 1;y the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of the Mississippi
Valley Association advising that
the Mississippi Valley Association
Couventimt will be held in St. Louis
ou January_ 26-27, 1948, presented
and read,
Councilman Vau Duelman moved
that the communication be referred
to the Council. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, ';Vharton.
Navs-None.
Communication of W. E. Schae-
fer, Adjutant, Dubuque Post No. 6,
American Legion, submitting copy
of a resolution adopted at their
regular meeting of December 9,
1947, asking that the City of Du-
bugne, through its City Council,
submit to the voters ~of the Cityat
the next City election the following
question: "Shall the City of Du-
buque place the management and
control of its airport in an Airport
Connuission?" all as provided ~in
Chapter 330, Cade of Iowa 1946, pre-
sented and read.
Councilman Wharton moved that
the communication be referred to
the Council for consideration. Sec-
onded by Councilman Moffatt. Car-
ried by the foliota*ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Fane F. Vawter &
Company, by Face F. Vawter, re-
questing permission to utilize 5 ft.
of each of Ninth Street and Locust
Street measured firom the present
curb lines for the purpose of main-
taining acovered walkway for pe-
destrian traffic in connection with
the construction of the proposed
new building fm' Northwestern Beld
Telephone Company, also request-
ing that they be given the private
use of North sand South alley, ex-
cept for necessary fuel deliveries,
extending from Ninth Street to
Tenth Street for the purpose of
construction traffic, presented and
read.
Councilman Wharton moved that
the petition he referred to the City
-Ianager and City Solicitor for pro-
per action. Seconded by Couucil-
mau Moffatt. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton,
Nays--None.
Petition of Dubuque P a c k i n g
Company and E. E, Frith Company,
Inc., by Czizek &Czizek, their at-
torneys, requesting prompt and inr
mediate consideration to the cover-
ing of the B Branch Sewer at East
lbbh and Sycamore Streets with a
concrete slab, also the removal of
the junk stored on Sycamore Street
from East 15th Street to East 16th
Street, also to the fire hazard ex-
--
- ~:
-_ _ _ -
3S6 Special Session, Decetilber 19th, 1947
fisting on the property on the south
side of East 16th Streetfrotn Cedar
Street to Sycamore Street, also to
the inadequate street lighting on
Eas~~t 16th Street, also that proceed-
ings be instituted for the construc-
tion of a viaduct on East 14th
Street over the C. M. St. P. & P.
and C. G. W. Railroad tracks, pre-
sented and read.
Councilman Wharton moved that
the petition be referred to the
Council to view the grounds. Sec•
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Yan Duel•
man, Wharton.
Nays-None,
Communication of Anton Zwack,
Inc., by Anton Zwack, stating that
they have erected two residences
on Althauser and Eagle Streets and
find that after making a survey of
the alley that the ripped rap wall
about flue feet high on the east side
is taking up some of the a:11ey
width, and therefore, in order to
make the alley more accessible that
they would.lfke to deed to the City
of Dubuque five feet as shown on
the latest recorded plat, presented
and read.
Councilman Wharton moved that
the communication be referred to
the Council to view the grounds.
Seconded by Councihuan Moffatt,
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mau, W~harto~n.
Nays-None.
Petition of Caroline M. May re-
questing the vaoati~on ~of the alley
between Lot 1 of 35 of Stewart's
Suh'. and Lot 2 of Sub. Lots 24 and
26 iu Stewart's Snb., presented and
read.
Councihuan Wharton moved that
the petition be referred to the
Planning' and Zoning Commission
for their recommendation and re•
port, Seconded by Councilman Van
Duelmau.. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel•
man, Wharton.
Nays-None.
Pdtitio~n of Barbara Abitz, re-
ferred fo the City Council by the
Board of Superivsors, requesting
suspension of Ehe 1947 tax on Lots
50 and 51, Grandview Avenue Addi-
tion, presented and read.
Councilman Van Duelmau moved
that the petition be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Petition of Frank J. Daugherty,
referred to the City Council by the
Board of Supervisors, requesting
suspension of the 1947 tax on Lots
172 and 173 of Union Addition, pre-
sented and read.
Councilman Van Duelmau moved
that the petition be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Wharton. Carried by the fallowing
wte.
Yeas-Mayor Murphy, Councl-
men Moffatt, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Petition of Minnie Rosenthal, re-
ferred to ahe City Council by the
Board of Supervisors, requesting
suspension ~of the 1947 tax on East
66 feet of North 26 feet of City Lot
561, presented and read.
Councilman Van Duelmau moved
that the petition be referred ~to the
City Solicitor for investigation and
report. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Murphy, Gouncil•
men Moffatt, Thompson, Van Duel-
mau, Wh~anton, a
Nays-None.
Petition of Joseph Bitterly, re-
ferred to the City Council by the
Board of Supervisors, requesting
the suspension of the 1947 tax on
Lot 44 of Stafford's Addition, ~tre-
sented and read.
Counci,Imaai Van Duelmau moved
that the petition be referred to the
City Solicitor- for investigation and
report. Seconded by Councihuan
Wharton. Carried by the following
vote:
Yeas-Mayor Murphy, Council•
men Moffatt, Thompson, Van Duel•
ntan, Wharton
Nays-None,
Petition of Frank Thiering, re-
ferred to the City Council by the
Board of Supervisors, requesting
Special Session, December 19th, 1947 357
suspension of the 1947 tax on Lots
7 and 8 of Rodger's Sub„ presented
apd read.
Couucflmau Van Duelmau moved
that the petitfon be referred to the
City Solicitor for investigation and
repm't, Seconded by Councilman
Wharton. Carried by the fallowing
vote:
Yeas-Mayor 14urphy, Council-
men Moffatt, Thompson, Van Duel-
mau, Wharton,
Nays-None.
Petition of Roger M. Bertsch re-
questing~ a refttind in the amomtt of
$60.00 on the unexpired portion of
his Class °B" Beer Permit Na. 144
as he has discontinued business on
Noveutber 1G, 1947, presented and
read.
Councilman Van Duehuan moved
that the request be granted and the
Gity Auditor instructed to draw a
warrant in the amount of $50.00 in
favor of Roger M. Bertsch to cover
the amount of refund granted on
the unexpired portion of his Class
"B" Beer Permit No, 144, Seconded
ny Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Communication of the Rent Con-
trol Committee, Dubuque Post No.
3, Amvets, appealing do bhe City
Council for action to alleviate the
housing crisis iu Dubuque, particu-
larly as it pertains to evictions, and
suggesting that in behalf of vet-
erans and others suffering from the
severe housing shortages that the
Council loin in an appeal to Con-
gress to restore same of the pro-
tections for tenant families during
this emergency period and also
that the Council do their utmost to
find some way to alleviate this sit•
nation by looal action, presented
and read. Mr, Roland White, Chair-
man of the Rsnt Control Cont-
mittee of the Amvets,- addressed
the Council in support of the com-
ntunicatiou and submitted a report
of the survey made qy the Amvets
in regard to the number of evic-
tions during Gone-year period.
Councilman Wharton moved that
the commuufCation be referred to
the City Council and City Solicitor
for consideration. S e c o n d e d by
Councilman Van Duelmau. Carried
by the following vote:
Yeas-Mayor Murphy, Council•
men Moffatt, Thompson, Van Duel-
mau, Wharton,
Nays-None.
Ordinance No. 34--47.
An Ordinance providing for sick
leave for officers and employees
of the City of Dubuque, defining
"Sick Leave," extent thereof, fil-
ing, approval and allowance of
claims therefor, presented and
read,
Councilman Van Duelmau moved
that the reading just had be con•
sidered the first reading- of the
ordinance. Seconded by Council-
man Thompson. Carried by the
following vote:
Yeas-1Ylayor Murphy, Council•
men Moffatt, Thompson, Van Duel-
mau and Wharton.
Nays-None.
Councilman Van Duelmau moved
that the rules be suspended re-
quiring an ordinance to be read
on three separate days. Seconded
by Councilman Moffatt, Carried
by the following vote:
Yeas-Mayor Murphy, Councib
men it4offatt, Thompson, Van Duel-
mau and Wharton.
Nays-None.
Councilman Vau Duelmau moved
that the ordinance lie placed on
file with the City Clerk for public
inspection for at least one week
before its final adoption. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mau and Wharton,
Nays-None.
December 19, 1947.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the follow-
ing policy and desire to have your
approval on same for filing:
Excavation
Archie Levan (Modern Plumbing
& Heating Co.), 2239 Central Av
erne-The Western Casualty &
Surety Ca. Policy No. M & C
293678.
respectfully submitted,
A. A. RHOMBERG,
City Manager,
3S8 .Special Session, December I9th, 1947
Councilman Van Duelman moved
that the bond be approved and
placed on file. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, and Wharton.
Nays-None.
December 11, 1947.
To the Honorable Mayor and City
Council,
Dubuque, Io`va.
Gentlemen: I herewith submit
reports of the City Auditor, City
Treasurer, City Health Department
and City Water Department for
the month of November, 1947, also
list of claims and list of payrolls
for which warrants were issued for
the month of November, 1947.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Thompson moved that
the reports be received and placed
on file. Seconded by Councilman
Moffatt. Carried by the following
rote:
Yeas-Mayor Murphy, Council-
men Moffatt Thompson, Van Duet
man, and Wharton.
Nays-None.
December 9, 1947.
Honorable Mayor and Members of
the City Council,
Dubuque, Iowa.
Gentlemen: With reference to
the claim of 114innie Magana, ac-
tion was commenced in the District
Court of Dubuque County, Iowa,
entitled Minnie Magana vs. City of
Dubuque, in which action plaintiff
claims $7,600,00 damages because
of injuries sustained by reason of
a fall on December 16, 1946 on
an alleged dangerous sidewalk up•
on which there was an accumula-
tion of rough, rounded and un-
even ice; that as a result there-
of the banes in her right wrist,
the upper bone in her right arm
immediately below the shoulder
were fractured, splintered and
crushed. That she engaged the
service of physicians and incurred
expenses. That her actual expens-
es amounted to $923.00. That Plain-
tiff has agreed to settle this action
for $200.00.
I recommend that a warrant be
issued payable to the order of
Czizek &Czizek, the Attorneys, for
$200.00 and that the same be de•
livered upon delivery to the City
of a release properly executed by
her and a dismissal of the action
pending in the District Court of
Dubuque County, Iowa.
Yours truly,
JOHN J. KINTZINCER,
City Solicitor.
Councilman Thompson moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$200.00 in favor of Czizek &Czizek
Attorneys for Minnie Magana, as
settlement in full of her claim, and
that said warrant be delivered up•
on receipt of a properly executed
release by the City of Dubuque and
a dismissal of the action pending
in the District Court of Dubuque
County, Iowa. Seconded by Coun-
cilman Van Duelman. Carried by
the following rrote
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, and Wharton.
Nays-None.
December 11, 1947.
Honorable Mayor and Members of
the City Council,
Dubuque, Iowa.
Gentlemen: In reference to the
claim of Barney Smith which was
submitted to me sometime ago for
investigation and report. The claim
was filed herein for $1500.00 dam-
ages, stating that on February 8,
1947, claimant while crossing Rush
Street at the crosswalli in the
Twelve Hundred Block, slipped and
fell on rough, icy accumulations and
obstructions in the crosswalk, re-
ceiving adislocation of his shoul-
der which confined him to his home
for some time and has incapacitat-
ed him in his work as a carpenter;
that he lost earnings, medical ex-
penses and hospital expenses in the
approximate amount of $600.00;
that he is still suffering from said
injury, That I have had several
consultations with him and he has
agreed to accept $200.00 in full
payment of his claim.
I recommend that his claim be
allowed in the sum of $200.00 and
that a warrant be issued payable
Special Session, December 19th, 197 359
to his order for said amount and
delivered tc him upon delivery to
the City of a release properly exe-
cuted by him,
Yours truly,
JOHN J. KINTZINCER,
City Solicitor.
Councilman Thompson moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$200.00 in favor of Barney Smith,
as settlement in full of his claim,
and that said warrant be delivered
upon receipt by the City of Du-
buque of a properly executed re-
lease. Seconded by Councilman
Moffatt, Carried by the following
vote:
Yeas-hlayor 114urphY, Council-
men Moffatt, Thompson, Van Duel•
man, and Wharton,
Nays-None,
December 8, 1947
Honorable Mayor and Members of
the City Council,
Dubuque, Iowa
Enclosed please find order of the
~ Iowa State Commerce Commission
approving Ordinance 28.47 passed
by the City Gouucil of the City of
Dubuque on November 3, 1947. I
re~mmend that this Order be
oracle a matter of record.
Yours truly,
JOHN J. KINTINCER,
City Solicitor
Council Warton moved that the
recommendation of City Solicitor
Kintzinger be approved. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton,
Nays-None.
STATE OF LOWA
OFFICE OF THE IOWA
STATE COMMERCE
COMMISSION
I, Geo, L. McCaughan, Sem•etary
of the Iowa State Commerce Com•
mission, certify tlrat attached here-
to is a true and correct copy of an
Order rescinding our Order of
October 9, 1947, and Adopting a~n
Order in lieu Thereof, said Order
being dated December 6, 1947, and
pertaining to the approval of Or-
dinance No. 28-47 as adopted by
the City of Dubuque, Iowa, on
November 3, 1947.
In TESTIMONY WHEREOF, wit-
ness my signature and the seal of
the Commission ~at Des Moines,
Iowa, this 6th day of December;
1947.
GEO. L. McCAUGHAN,
Secretacy
Before the Iowa State Commerce
Commission.
In the matter of an Ordinance
regulating the speed of trains at
grade crossings within the city of
Dubuque, Iowa.
Docket No, .4.5020
Order resoinding our order of
October 9, 1947, and adopting an
order in lieu thereof.
There was filed in this office
under date of August 13, 1947, a
copy of a proposed ordinance per-
taining to the regulation of train
speeds at grade crossings within
the City of Dubuque, Iowa. Ap-
proval of the proposed ordinance
was requested under the provisions
of Section 389.42, Cade of Iowa,
1946.
A copy ~of the proposed ordinance
was forwarded to all railroad com-
panies operating within the cor-
porate limits Hof Dubuque, Iowa,
viz., the Illinois Central Railroad
Company, the Chicago, Milwaukee,
St. Paul & Pacific Railroad Com-
pany, the. Chicago Great Western
Railway Company and the Chicago,
Burlington & Quincy Railroad
Company. Objections were there-
after filed by three of the railroad
companies as concerning the lim-
itation of freight train speeds as
provided at Section 2 of said pro-
posed ordinance, these railroad
companies desiring that operation
of freight trains be permitted oY
25 to 30 miles per hour. Corres-
pondence was thereafter carried
m1 wjth the railroad companies and
the City of Dubuque, Iowa, re-
sulWng~ in the revision of this
section of the ordinance and the
acceptance of the proposed or-
dinance as written.
An Order was entered by this
Commission ~mr October 9, 1947,
approving the proposed ordinance
but making no reference to same
by number or date of final approv-
al by the City Council ~of Dubuque,
Iowa.
There is now on Yile in this of-
fice acertified copy of Ordina~uce
Docket No. A-5020.
360 Special Session, December 19th, 1947
No. 28.47 as passed, adopted and
approved upon final reading by
the City Council of Dubuque, Iowa,
on November 3, 1947, the sections
of said ordinance reading as fol-
lows:
"Sec, 1, No passenger train shall
be operated over and upon the
grade crossings in the City .of Du-
buque iat ~a speed of greater than
30 miles per hour.
See. 2. No freight ttrain shall be
operated over and upon the grade
crossings in the City of Dubuque
at a speed greater than 26 miles
per Itour.
Sec. 3. All ordinances or part or
parts of ordinatces in oonflict
Herewith are hereby repealed.
Sec. 4. Any person, firm or cor-
poration who violates any provision
of this ordinance shall be deemed
guilty of a nusdemeanor and upon
conviction shall h~e fined .not more
than $100.00 and costs and in de-
fault of such fine shall be impri-
soned for a period not exceeding
thirty days iu jail.
Sec. 5. This ordinance shall be
iu Yorce and effect ten days front
and after its final passage, adop-
tion and approval by the City Coun-
cil, and publication as provided by
law."
It is, Therefore, Ordered that
City Ordinance No. 28-47 of the
City of Dubuque, Iowa, regulating
the speed of trains over and upon
grade crossings within the City of
Dubuque, Iowa, as passed, adopted
and approved by the City Council
of said City on November 3, 1947,
be and the same is hereby
approved.
It is Further Ordered that the
Order of this Commission dated
October 9, 1947, in the above en-
titled subject be and the same is
hereby rescinded.
(SEAL)
IOWA STATE COMMERCE
COMMISSION,
Carl W. Reed,
Chairman.
B, M, Richardson,
Commisstoner.
David B. Long,
Commissioner,
Attest: Geo. L. McCaughan,
Secretary.
Dated at Des Moines, Iowa, De-
cember 6, 1947.
Resolution Nb. 177-47
Be It Resolved by the City Cohn-
cil of the City of Dubuque that the
following, having complied with
the provisions of law relating to
the sale of cigarettes within the
City of Dubuque, be granted a per
mft to sell cigarettes and cigarette
papers within said City and the
Manager is dl'ected to Issue such
permit on behalf of said City.
Name Address
Jack Fransen and Irene Fransen
(Effective January 1, 1948), 2093
Washington Street.
Wm. F. Barrington and Walter J.
Duceiui (Effective January 1, 1943),
178 Locust Street.
Be It Further Resolved that' the
bonds filed with the application lie
approved,
Passed, adopted and approved
this 19th day of December, 1947.
GEO. R. MURPHY,
Mayor.
FRANK VAN DUELMAN,
F, W. THONIPSON,
ALBERT WHARmON,
W. W. MOFFATT,
Councilmen.
Attest: ' J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
o~uded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Nlurpny, Counoil
nren Moffatt, Thompson, Vati Duel-
ntan, Wharton,
Nays-None.
Resolution No. 178-47
Whereas, applications foi~ Beer
Permits have been submitted to
this Council for approval and the
same have been examined; Now,
Therefore,
Be It Resolved by the Coumci] of
the City of Dubuque that the fol-
lowing applications be granted and
the ]icenses are to be issued upon
the compliance with the terms of
the ordinances of this City.
CLASS `B" PERMIT.
Name Address
Jack Fransen and Irene Fransen,
2093 Washington Street.
Wm. F. Barrington and Walter J.
Duccimi, 176 Locust Street.
Special Session, December 19th, 197
Passed, adopted and approved
this 19th day of December, 1947.
GEO. R. MURPHY,
Mayor.
FRANIf VAN DUELMAN,
F. W. THOMPSON,
ALBERT WHARTON,
W. W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the fallowing vote:
Yeas-Mayor Murpliy, Council-
. men Moffatt; Thompson, Van Duel-
man, Wharton,
Nays-None.
Resolution No. 179-47
Whereas, heretofore applications
for Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
Whereas, the premises to be oc-
cupied by such applicants have
been inspected and found to comply
r' ,with the ordinances of this City and
they have filed a proper bond;.
Now, Therefore,
Be It Resolved by the Council of
-the. City of Dubuque that. the NIan-
agar be and he is hereby directed
to issue to the following named ap-
plicants a Beer Permit;
CLASS "B" PERMIT.
Name Address
Jack Fransen and Irene Fransen,
2093 Washington Street.
Wm. F. Barrington and Walter J.
Duccini, 176 Locust Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 19th day of December, 1947.
GEO. R, MURPHY,
Mayor.
FRANK VAN DUELMAN,
F. W. THOMPSON,
ALBERT WHARTON,
W. W. MOFFATT,
Councilmen.
Attest; J, J. SHEA,
City Clerk.
Councilman Van Duelntan moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
tarried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
361
Resolution No. 180-47
Whereas, the City of Dubdgde,
Iowa, as the County seat, has
joined with Dubuque County, Iowa,
in planning for a combination Court
House-City Hall-Jail Building; and
Whereas, agreement has been
reached by the two public bodies
in the selection of an architectm'al
firm to provide the necessary plan-
ning ser"vices; Now, Therefore
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the Mayor and Oity Clerk be,
and they are hereby authorized and
directed to enter into an agreement
with Dougher; Rich & Woodburn of
Des Moines, Iowa; providing for
architectural planning service fm'
the proposed Court House-City-
Hall-Jail Building.
Passed, adopted and approved
this 19th day of December, 1947.
GEO. R. MURPHY,
Mayor.
FRANK VAN DUELMAN.
F. W. THOMPSON,
ALBERT WHARTON,
W. W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
Gity Clerk,
Councilman Whartmt moved the
adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van I)uel-
man, Wharton.
Nays-None.
AGREEMENT.
THiS AGREEMENT made the
19th dog of December, in the year
Nineteen Hundred and Forty-
seven by and between City of Du-
buque, Iowa, and County of Du-
buque, Iowa, hereinafter called the
Owner, and Dougher, Rich & Wood-
burn, Architects and Engineers,
Des Moines, Iowa, hereinafter
called the Architect, Witnesseth,
that whereas the Owner intends to
erect new combined County Court
House-City Hall-Jail Building,
Now, Therefore, the Owner and
the Arelitect, for the considera-
tions hereinafter named, agree as
follows:
The Architect agrees to perfoi'ht,
for the above-named work, profess-
ionai services as hereinafter set
fortli.
362 Special Session, December 19th, 1947
The Owner agrees to pay the Ar-
ehiteet for such services a fee of
six per cent of the cost ~of the
work, with other payments and re-
itnbnrseptents as hereinafter pro-
vided, the said percentage being
hereinafter referred to as the °ba-
sic rate."
The parties hereto further agree
to the following conditions:
1. The Architect's Services.-The
Architect's professional services
consist of the necessary confer-
ences, the preparation of prelimin-
ary studies, working drawings, spe-
cifications, 1a-rge scale and full size
detail drawings; the drafting ~of
forms of proposals and contracts;
the issuance of certificates of pay-
ment; the keeping of accounts, the
general administration of the busi-
ness and supervision of the work.
2. Extra Services and Special
Cases. If the Architect is caused
extra dra-ughting or other espeuse.
due to changes ordered by the Owp-
er, or due to the delinquency or in-
solvency of the Owner or Contract-
or, or as a~ result ~of damage by fire,
he shall be equitably paid for such
extra expense and the set'vice
ivrrolved.
Work let on any cost-plus basis
shall be the subject of a special
charge iu according with the spe-
cial service required.
If any work designed or specified
by the Architect is abandoned or
suspended the Architect is to be
paid for the service rendered on ac-
count of it
3. Payments.-Payments to the
Architect on account of his fee
shall be tnade as follows, subject to
the provisions of Article 2:
Upon completion of. the prelim-
inary studies, a sum equal to 20%
of the basic rate computed upon a
reasonable estimated cost.
Upon completion of specifications
and general working drawings (ex-
clusive of details) a sum sufficient
to increase payments on the fee to
75% of the rate or rates of commis-
sion arising- from this agreetent,
computed upon a reasonable cost
estimated on such completed speci-
fications and drawings, m' if bids
have been received, then computed
upon the lowest bona fide bid or
bids, Pn no event shall payments be
made to Architect ht excess of
$120,000.00 until contracts for the
construction of the building have
been awarded.
All pa~yntents up to and including
the $120,000.00 shall be made to
Architect's from money only re-
ceived front "Federal Works Agen-
cy," 60% to be paid by the County
of Dubuque and 40% by the City of
Dubuque, in accordance with
"Agreement and Public Voucher for
Advanco" by and between the City
of Dubuque and Dubuque County,
Iowa, and Federal Works Agency,
Bureau 'of Community Facilities,
Bureau Voucher No. X5-672-47, Ap-
plication No. 19-P-217, dated June
21, 1947, and approved June 26,
1947, by Federal Works Agency.
From time to time during the
execution of work and in propor-
tion to the amount of service ren-
dered by the Architect, payments
shall be made until the aggregate
of all payments made on account of
the fee under this Article, but not
including any covered by the pro-
visions of Article 2, shall be a sum
equal to the rate or rates of com-
mission arising from this agree-
ment, computed upon the final cost
of the work.
Payments to the Architect, other
than those on his fee, fail due from
time to time as his work is done or
as costs are incurred.
No deductimis shall be made
from the Architect's fee on account
of penalty, liquidated damages, or
other sums withheld from pay-
ments to contractors.
4: Supervision of the Work.-The
Architect will endeavor to guard the
Owner against defects and defic-
ioncies in the work of contractor's,
but he does not. guarantee the per-
fm•mance of their contracts. The
supervision of an Architect is to be
distinguished from the continuous
personal superintendence to be ob-
tained by the employment of a
clerk-of-the-worles.
When authorized by the Owner,
a clerk-of-the-works acceptable to
both Owner and Architect shall be
engaged by the Architect at a sal-
ary satisfactory to the Owner and
paid by the Owner, upon presenta-
tion of the Architect's monthly
statements.
5. Preliminary Estimates.-When
requested to do so the Architectwill
furnish preliminary estimates on
Special Session, December I9th, 1947
the cost of the work, but he does
not guarantee the accuracy of such
estimates.
6. Definition of the Cost of the
Work.-The cost of the work, as
herein referred to, means the cost
to the Orvner, but such cost shall
not include any architect's or engi-
neer's fees or reimbursements or
the cost of aclerk-of-the-works.
Wlten labor' or material is furn-
ished by the Orvner below its mar-
ket cost the cost of the work shall
be computed upon such market
cost.
' 7. Ownership of Documents.-
Drawings and specifications as in-
struments of service are the prop-
erty of the Architect whether the
work for which they are made be
executed or not.
8. Successors and Assignments.
-The Owner and the Architect,
each binds hiurself, his partners,
successors, exectttdrs, administra-
i, tors, and assigns to the other party
to this agreement, and to the part-
. Hers, successors, executors, admin-
istrators and assigns of such other
party in respect of all covenants of
this agreement.
Except as above, neither the
Owner nor the Architect shall as-
sign, sublet or transfer his fntere~st
in this agreement without the writ-
ten consent of the other.
9. Arbitration.-All questions in
dispute under this agreement shall
be submitted to arbitration at the
choice of either party.
10. It is further agreed that the
basic fee includes complete plans
and specifications for the follow-
ing:
a. General Contract Work,
b. Plumbing, Heating and Venti-
lating Contract Work.
c. Electric Wiring Contract Work.
d. Any Other Euipment Author-
ized by Owner.
Air-conditioning: It is further
agreed that on any and all of the
work designated by the Owner to
be air-conditioned, the Architect
shall employ an air-conditioning
engineer, and such engineer and
the cost of his services shall be
:agreed upon between the Owner
and the Architect. The Owner shall
reimburse the Architect the cost of
the services of the air-conditioning
engineer and, in ~addittion to such
363
cost, the fee to be paid to the Archi•
tect by the Owner on that part of
the work, shall be two per cent
(2%) of the cost ~of the work in-
stead of the basic rate.
The Owner and the Architect
hereby agree to the full perform-
ance of the covenants cautanied
hereitr.
In Witness Whereof they have
executed this agreement, the day
and year first above written.
CITY OF DUBUQUE, IOWA.
By
GEO. R. MURPHY,
' Mayor
DUBUQUE COUNTY, IOWA.
By
HUBERT DONOVAN,
Chairman,
Board of Supervisors.
DOUGHER, RICH &
WOODBURN,
Architects and Engineers.
By
J. A. DOUGHER, Partner.
Attest: J. J. SHEA,
City Clerk.
There being no further business,
Councilman Van Duelman moved to
adjourn, Seconded by Councilman
Thompson. Carried ty the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
tnan, Wharton.
Nays-None.
J. J. Shea,
City Clerk.
Approved 1948.
AdoptEd ,..,..1948.
I
1
Councilmen
Attest: ...... __,.._.....,,._ ._. ... ..
City C®rk