1948 April Council ProceedingsRegular Session, April 5th, 1948 113
I~
City Council
(Official)
Regular Session, April 5th, 1948.
Council met at 7:30 P. M.
Present-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton, City Manager
Rhomberg. Mayor Murphy stated
that this is the regular monthly
meeting of the City Council, and
also the first meeting of the fiscal
year, for the transaction of such
business as may properly come
before the meeting.
Counciiman Thompson moved
that Councilman Van Duelman be
elected Mayor for the ensuing fis-
cal year. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Wharton.
Nays-None
Councilman Van Duelman not
voting.
City Clerk J. J. Shea then
swore in the new Mayor, where-
upon Mayor Van Duelman took
the Mayor's chair.
Communication of John L. Duffy
making application under the Sol•
diem Preference Law, Chapter 70,
Code of Iowa, for the position of
City Solicitor of Dubuque, Iowa.
presented and read.
City Solicitor Kintzinger was re•
quested by the City Council to
advise Council as to whether or
not there are any vacancies exixt•
ing in the appointive offices at
this time. City Solicitor Kintzing-
er submitted a verbal opinion to
the City Council stating that there
are no vacancies existing in the
appointive offices at this time, that
in off years, those years when
no new Councilmen are sworn into
office, appointments are not made.
Councilman Wharton moved that
the communication of John L. Duf•
fy making application for the posi-
tion of City Solicitor, under the
Soldiers Preference Law, Chapter
70, Code of Iowa, be received and
filed. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Thompson,
Wharton.
Nays-Councilman Murphy.
April 5, 1948
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: As City Manager
of the City of Dubuque, the under-
signed begs to advise your Honor-
able Body that all officers and
employees whom he has the power
to appoint, who are now serving
and acting in their respective ca-
pacities and assisting in the order-
ly administration of the City and
of the various departments thereof,
said officers and employees being
under my supervision, direction
and control and their appointments
continuing at the pleasure of the
Manager, shall be paid salaries in
accordance with the budget ap•
proved by the City Council.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Murphy moved that
the communication of City Manag-
er Rhomberg be received and made
a matter of record. Seconded by
Councilman Thompson. Carried
by the following vote,
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 71--48
A resolution designating the of•
ficial newspaper of the City of
Dubuque.
Be It Resolved by the City
Council of the City of Dubuque
that the Telegraph•Herald, adaily
newspaper of general circulation
in the City of Dubuque, be and
it is hereby designated and ap-
pointed the official newspaper of
said City.
Passed, adopted and approved
this 5th day of April, 1948.
GEO. R. MURPHY,
Mayor
FRANK 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 Murphy. Car-
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
114 Regular Session, April 5th, 1948
RESOLUTION N0. 7^ ".7
A resolution designating the de•
posttories for public funds of the
City of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following banks be appointed de•
postories of the public iunde, and
the City Treasurer is -hereby au-
thorized to dfatribute such funds is
such banks in amounts not to ex•
ceed Uhe following: First National
Bank, $275,000.00; American Trust
and Savings Bank, $260,000.00; Du•
buque Bank and Trust Company,
$225,000.00.
Be It Further Resolved that the
City Treasurer be and he is hereby
directed to file with the County
Treasurer oP Dubuque County, Iowa
a list of such depositories and to
keep such list an file wibh such
County Treasurer at all times.
Passed, adopted and approved
this 5th day of April, 1948.
GEO. R. MURPHY,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
ALBERT WHARTON,
W. W. MOFFATT,
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car•
rigid bq the following vote:
Yeas-Mayor Van Duelman,
C'o u n c i l m e n Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Moffatt moved that
the rules be suspended for the pur-
pose of allowing any one present in
the Council Chamber, who wishes
to do so, to address the Council.
Seconded by Councilman Thomp-
son. Carried by the fallowing
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Mr. H. C. Arnold addressed the
Council requesting permission to
extend the sanitary sewer in order
to serve the homes located at 1261
and 1265 Thomas Place. Council-
man Murphy moved that Uhe re-
quest be referred to the City Man-
ager for investigation an•d for to
submit a report back to bhe City
Council. Soconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Mr. John McFarland addressed
Uhe Council requesting .that a fire a-
larm box be installed inn the vicinity
of 24th and Jackson Streets. Coun-
cilman Thompson moved that the
request be referred to the City Man-
ager and Fire Chlef for investiga-
tion and for to submit a report
back to the Clty Council. Seconded
by Councilman Wharton. tarried by
the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Notice of claim of Ray Winders
in an unstated amount for injuries
received in 'a fall in Uhe alley in
the rear of phis home located at
2309 Roosevelt Street, presented
and read. Councilman Murphy
moved that the claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing vote:
Y~°. Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of claim of Emma Wagner
in the amount of $5,000.00 for in-
juries sustained in a fall on Uhe
icy crosswalk while walking in a
northerly direction across West
Fifth Street, presented and read.
Councilman Moffatt moved that the
claim be referred to Uhe City
Solicitor for investigation and re•
port. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Notice of claim of Robert 1!.
Neuwoehner in the amount of
$33.18 for damage to a tare on his
automobile caused in striking a hole
in the street on the west side of
Alpine Street at a point about 100
feet south of University Avenue,
presented and read. Councilman
Murphy moved that the claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Regular Session, April 5th, 1948 115
Notice of claim of A. Vonah in an
unstated amount for loss of lire on
his automobile caused in striking
a hole in the street in front of 820
Alpine Street, presented and read.
Councilman Wharton moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of claim of Mrs. Alvin
Thomas fn the amount oY $100,00
for injuries sustained in a fall on
the ice on the north side of the
Strand Theatre, presented and read.
Councilman Thompson moved that
tabs claim be referred la the City
Solicitor for investigation and re-
port. Seconded by Councilman Mur-
phy. Carried by the following vale:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, W~h~arton.
Nays-None.
Communication of Brooks, O'Con-
nor & Brooks, By M. W, Brooks,
stating that they would appreciate
very much receiving favorable con-
sideration in bhe matter of auditing
the books of the City of Dubuque
for the fiscal years ending March 3,
1947 and March 31, 1948, presented
and read. Councilman Murphy
moved that the communication be
referred to the Council for furtIlter
consideration. Seconded by Council-
man Wharton. Carried by the fol-
lowing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Glenn C. Ratham et
a] requesting immediate conaidera-
tion to the straightening of Shires
Street in the 2200 and 2300 blocks,
and the bringing of -the street to
grade in such manner as will per-
mit the property owners immediate-
ly adjacent thereto, to complete
the construction of driveways, Isy-
ing of sidewalks and the improve.
went of their property in general,
presented and read. Councilman
Thompson moved that the City En-
gineer be instructed to prepare a
plat and schedule showing the cost
of constructing curbing and gutter-
ing and street surfacing on Shires
Street in the 2200 and 2300 blacks.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Mr. Thos. J• Ryder addressed
the Council in regard Uo his gar-
bage contract stating that since
the awarding of his present con-
traat that the amount of garbage
to be collected at the present time
has increased in volume due to
the erection of shames in new ad•
ditions and requested Council to
grant 41im same relief both as to
an increase in the amoutnt of his
present contract and as to the pres-
ent system of the placing of gar-
bage receptacles by residents and
property owners.
Petition of Mary F. Brandt, re•
ferred to the City Council by the
Board of Supervisors, requesting
suspension of the 1947 tax on Lot
162 East Dubuque Addition, pre
sented and read. Councilman Mur
phy moved that the petition be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded by
Councilman Wharton. Carried by
the following vote;
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Joseph A. Hein et al,
residents and property owners on
Balks Street between Strauss and
Lowther Streets, requesting that
the street be graded. and covered
with Brushed rock, presented and
read. Councilman Thompson moved
thiat the City Engineer be instruct-
ed to prepare a plat and schedule
showing the cost of constructing
curbing and guttering and street
surfacing on Balks Street between
Strauss and Lowther Street. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
THE bUBUQUE REAL ESTATE
BOARD
Dubuque, Iowa
March 23, 1948
Honorable Mayor and City Council
of the City of Dubuque
Dubuque
Iowa
Gentlemen:
Enclosed please find proposed
parking lot appraisals, as follows:
1 -White Street, Weat side of
White Street, East 8th Street to
East 9th Street to alley, approxi-
mately 25,600 square feet, price per
square toot approximately $1.87 -
$47,900.00.
~~
116 Regular Session, April 5th, 1948
2 -Central Avonue, Southwest
corner of Ninth and Central Ave-
nue, approximately 10,200 square
feet, price per square foet approxi•
mately $2.00 - $20,000.00.
3 -Iowa Street, East side of Iowa
Street, West Ninth Street to West
Tenth Street to alley, approximate-
ly 25,600 square feet, price per
square foot approximately $2.80 -
$72,500.00.
4 -Bluff Street, Northwest cor-
ner of Fifth and Bluff Street, ap•
proximately 44,000 square feet,
price per square foot approximately
$1.35 - $60,000.00.
6 -West Eighth Avenue, Yrom
Telegraph-Herald property to Uni-
versity and West 8th Avenue to
Robinson St., approximately 31,000
square feet, price per square foot a-
proximat$ly $5.00 - $151,700.00.
Robinson Avenue improvement
project, not including property on
Bluff Street, but including Diamond
House property at University Ave.
and West Eighth Avenue a n d
Tschiggfrie 579 University Avenue
dwelling and Levan and Ploog
property adjoining, approximately
36,000 square Peet, price per square
foot aproximately $1.30 - $46,660.
Price per square Poot of 20' strips
on south side of Robinson Avenue
approximately $0.75.
Ninth and Bluff Street, Ninth
and Bluff Streot property in con-
nection with Robinson Avenue Im•
provement approximately 24,300
square feet, price per square foot
approximately $2.00 - $47,600.00.
Total $446,250.00.
Respectfully,
JOHN F. CARROLL
Chairman
CHRIS A. VOELKER
EDWIN C. KUEHNLE
EARL R, BUSH
Attest: A. J. M I H M,
Secretary-Treasurer.
Councilman Wharton moved that
the communication, together with
parking lot appraisals, be referred
to the City Council Por considera-
tion. Seconded by Councilman Mur•
phy. Carried by the following vote;
Yeas-Mayor Van Duelman
Councilmen MoYYatt, Murphy,
Thompson, Wharton.
Nays-None.
April 5, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Since the new airport has been
activated the necessity for rules
and regulations governing its use
and operation is obvious. Mr. C. P,
Oleson, airport manager, has sub-
mitted proposed rules and regula•
tions.
I recommend that an erdinance
be adopted creating an Airport De•
partment, providing for rule mak-
ing, registration and penalty for
violation. In addition two resolu-
tions should be adopted -one pro-
mulgating rules and regulations for
the maintenance and operating of
the airport and the other providing
for air traffic rules.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the recommendation of City Man•
alter Rhomberg be approved and
the City Solicitor instructed to oon•
fer with the City Manager and Air•
port Manager for the purpose of
preparing the erdinance and reso•
lutions as recommended. Seconded
by Councilman Murphy. Carried
by the following vote:
Yeas-Mayor Van Duelman,
Counc 11 m e n Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April s, 1948.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have ap-
proved the following bond and de-
sire to have your approval on same
for filing:
EXCAVATION
A. C. McInerny Western Sure•
representing 0. ty Company of
F. Kohl Co. Sioux Falls,
S. D.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Moffatt moved that
the bond be approved and placed
on file. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Regular Session, April 5th, 194.8 117
April 5, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the meeting of March 19, 1948
the petition of Arnold Steger re•
questing the extension of the sani-
tary sewer in Saunders Street a
distance of about 150 feet was re-
(erred to the Council to view the
grounds.
The Council having viewed the
premises concluded that Mr. Steger
be permitted to extend the existing
sewer to serve his premises by the
passage of an appropriate resolu-
tion. Irecommend that the deci-
sion of the Council be confirmed.
Very truly yours,
A. A. RHOMBERG,
City Manager.
Councilman Thompson moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
C o u n c i !man Moffatt, Murphy,
Thompson, Wharton.
Naps-None.
RESOLUTION N0. 73-48
Whereas, Arnold Steger has filed
an Application with the City Coun-
cil requesting permission for the
extension of the sanitary sewer
from the last manhole on Saunders
Street westerly approximately 150
feet to serve his premises known
as 215 Saunders Street, under cer-
tain stipulated conditions.
Now, Therefore,
Be It Resolved by the City Coun-
oil of the City of Dubuque:
Section 1. That permission be,
and the same is hereby granted
to Arnold Steger for the extension
• of the sanitary sewer from the last
manhole on Saunders Street west-
erly approximately 150 feet to his
premises known as 215 Saunders
Street.
Section 2. That the construction
of said sewer, which includes the
type of pipe and location thereof,
shall be done only under the super-
vision of the City Engineer.
Section 3. That the total cost
of the construction of said sewer
shall be paid by Arnold Steger and
~ no part thereof shall be borne by
the City of Dubuque.
Section 4. That after said sewer
has been laid and completed, the
street shall be put back in as good
condition as it was before it was
torn up for the purpose of receiving
said sewer, at the cost of Arnold
Steger and said Arnold Steger
shall be held responsible for any
and all damages which may arise
out of the construction thereof,
failure to properly guard the exca•
vations and restore the street to the
condition it was in before the con-
struction began.
Section 5. That after said sani-
tary sewer has been constructed,
all persons living along and adja-
cent to said sewer shall have the
right to connect therewith, but
such right shall only be granted up-
on aproper application being made
to the City Council and by paying
to Arnold Steger, his successors or
assigns, or depositing in the office
of the City Clerk for Arnold
Steger; the applicants proportion-
ate part of the cost of constructing
said sewer based on the lineal front-
age of his property abutting on
said street, but in no event shall
the amount to be paid by appli-
cant exceed the amount that may
be levied under law for the con.
struction of said sewer. Within 6U
days after the completion of said
sewer applicant shall file with
the City Clerk a statement under
oath showing- an itemized account
of the cost thereof.
Section 6. That this Resolution
shall be effective and in force and
effect from and after its passage
and adoption by the Council, and
written acceptance thereof by ap-
plicant.
Passed, adopted and approved
this 5th day of April, 1948.
GEC. R, MURPHY,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
ALBERT WHARTON,
W. W. MOP'FATT,
Councilmen
attest: J. J. SHEA:
City Clerk
Councilman Wharton moved the
adoption of the resolution. Second-
118 Regular Session, April 5th, 1948
ed by Councilman Murphy. Carried
by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy.
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 74-48
BE IT RESOLVED by the City
Council 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
mit to sell cigarettes and cigarette
papers within said City and the
Manager is directed to issue such
permit on behalf of said City.
NAME AND ADDRESS
Thomas E. Nacos. 1598 Jackson St.
William White, 1995 Asbury Road.
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plications be approved.
Passed, adopted and approved
this 5th day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J, J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Van Duelman,
C e u n c i l m e n Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 75--48
Whereas, applications for Class
"B" Beer Permits have been sub-
mitted to this Council far approval
and the same have been examined:
NOW, THEREFORE.
BE IT RESOLVED Eby the
Council of the City of Dubuque that
the following applications be grant-
ed and the licenses are to be issued
upon the compliance with the terms
of the ordinances of this City.
CLASS "B° PERMIT
NAME AND ADDRESS
Ione Conner, 1322 Central Avenue
Joseph F. Walsh and Adele Walsh,
21 West 7th St.
Ellas Mihalas and Ruby Mihalas.
574 East 16th Street.
Passed, adopted and approve3
this 5th day of April, 1948.
FRANK VAN DUELMAN
Maycr.
F. W. THOMPSON
GEO, R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second•
ed by Councilman Thompson. Car•
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nayx-None.
RESOLUTION N0. 76-48
WHEREAS, heretofore applica•
tions for Class "B" Beer Permits
were filed by the within named ap•
plicants and they have received the
approval of this Council; and
WHEREAS, the premises to be oc-
cupied by such applicants havo
been inspected and found to com-
ply with the ordinances of this City
and they have filed a proper bond:
NOW, THEREFORE,
BE IT RESOLVED by the Coun•
cif of the City of Dubuque that
the Manager be and he Is hereby
directed to issue to the following
named applicants a Beer Perr ~.
CLASS "B" PERMIT
NAME ADDRESS
Ione Conner 1322 Central
Avenue
Joseph F. Walsh 21 West 7th
and Adele Walsh Street
Ellas Mihalas 674 East 16th
and Ruby Mihalas Street
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 5th day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO, R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the a-
doption of the resolutinn. Seconded
r
~~`
t
k
~~ ,
i
:.
Regular Session, April 5th, 1948
by Councilman Murphy. Carried by
the foliaw~ing rote:
Yeas-DI a y o r Van Duelman,
Councilmen Moffatt, :4lurphy,
Thompson, Wharton.
Nays-None.
There being no further business
Councilman Murphy moved to ad-
journ. Seconded by Councilman
Moffatt. Carried by the following
vote:
' Yeas-Mayor Van Duelman,
C o u n c i l m e n Moffatt, Murphy,
Thompson, Wharton.
Nays-none.
J. J. SHEA
12o Special Session, April 12th, 1948
City Council
(Official.)
Special Session, April 12th, 1948.
Council met at 7:30 P.M.
Present-Mayor Van Duelman,
C o u c i l m e n Moffatt, Murphy,
Thompson, Wharton. City Manager
Rhomberg.
Meeting called by order of Coun•
cilmen Wharton and Moffatt.
Mayor Van Duelman read the call
and stated that service thereof had
been duly made and that this meet-
ing is called far the purpose of con-
sidering proposals submitted for the
improvements of Diamond Street,
Gandolfo Street, Forest Lane and
James Street and acting on any
other business as may properly
come before a regular meeting of
the City Council.
Proof of publication, certified to
by the publishers, oP notice to con-
tractors of the receipt of proposals
for the improvement of Gandolfo
Street from the North curb line of
St. Joseph Street to the South curb
line of Lombard Street, with con•
Crete curb and gutter, presented
and read. Councilman Thompson
moved that the proof of publication
be received and filed, Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Bids for the improvement of Gan-
dolfo Street from the North curb
line of St. Joseph Street to the
South curb line of Lombard StreeC.
with concrete curb and gutter. Bid
of K-M Construction Company;
Concrete driveways, 9 Sq. Yds. at
$5.40 per sq, yd. - $48.60: Con-
crete tile, 70 Lin. Ft. at $4.00 per
Lin. Ft. - $280.00; Combination
curb and gutter, 1483 Lin. Ft. at
$3.00 per Lin. Ft.-$4,449.00; Ra-
dius curb and gutter, 94 Lin. Ft.
at $3.50 per Lin. Ft.-$329.00; Catch
basin, 1 at $243.00; Total-$5,349.00.
Bid of D. C. May Construction Co.:
Concrete driveways, 9 Sq. Yds. at
$6.00 per Sq. Yd. - $54.00; Con-
crete tile, 70 Lin. Ft, at $8.00 per
Lin, Ft. - $500.00; Combination
curb and gutter, 1483 Lin. Ft at
$2.83 per Lin. Ft-$4196.89; Radius
curb and gutter, 94 Lin. Ft. at $3.15
per Lin. Ft.-$296.10; Catch basin,
1 at $250.00; Total - $5356.99. Bid
of Thos. Flynn Coal Co.: Cou•
Crete driveways, 9 Sq. Yds. at $4.50
per Sq. Yd. - $40.50; Concrete
tile, 70 Lin. Ft, at $6.00 per Lin.
Ft. - $420.00; Combination curb
and gutter, 1483 Lin, Ft. at $3.00
per Lin. Ft. - $4,449.00; Radius
curb and gutter, 94 Lin. Ft. at
$3.50 per Lin. Ft. - $329.00;
Catch basin 1 at $150.00; Total -
$5,388.50.
Councilman Moffatt moved that
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Mr, James Kritz addressed the
Council objecting to the awarding
of the contract for the improve-
ment of Gandolfo Street from the
North curb line of St. Joseph Street
to the South curb line of Lombard
Street with concrete curb and gut•
ter, as the bids received for this
improvement are too high and that
some of the property owners will
be unable to pay their assessments.
April 12, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions
sealed bids were received until
10;00 o'clock A.M., April 12, 1948
for the improvement of Gandolfo
Street, from St. Joseph Street to
Lombard Street. Three bids were
received as shown on the attached
tabulation.
I recommend that the contract
for this work be awarded to the
lowest bidder, the K-M Construc-
tion Company.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-M ay o r Van Duelman,
Councilmen Moffatt, Murphy,
t
P'
i'
Special Session, April 12~h, 1948 121
Thompson, Wharton.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 77-48
WHEREAS, proposals have been
submitted by contractors for the
improvement of Gandolfo Street
from the North curb line of St.
Joseph Street to the South curb
line of Lombard Street with con-
crete curb and gutter, pursuant to
Resolution No. 62-48 and K-M
Construction Company, contractor
has submitted the lowest bid for
the furnishing of all laboP and ma-
terials and performing the work as
provided for in the plans and speci•
fications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above men-
tioned improvement be awarded to
K-M Construction Company, and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque far
the complete performance of said
work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after its
passage and adoption by the City
Council.
Councilman Wharton moved that
the resolution be approved and
placed on file for one week. Sec-
onded by Councilman Murphy. Car•
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Bids for the improvement of Dia-
mond Street from the East curb line
of Central Avenue to the West
curb line of Jackson Street, with
concrete curb and gutter. Bid of
K-M Construction Company:
Earth excavation, 64 Cu. Yds. at
$2.00 per Cu. Yd. - $128.00; Con•
Crete driveways, 9 Sq. Yds. at $5.40
per Sq. Yd. - $48.60; Combination
curb and gutter, 737 Lin. Ft. at
$3.00 per Lin. Ft.-$2,211.00; Radius
curb, 63 Lin. Ft. at $3.50 per Lin.
Ft. - $220.50; Total $2,608.10. Bid
of Thos. Flynn Coal Co: Earth exca-
vation, 64 Cu. Yds. at $1.50 per
Cu. Yd. - $96.00; Concrete drive-
ways, 9 Sq. Yds. at $4.50 per Sq.
Yd. - $40.50; Combination curb
and gutter, 737 Lin. Ft. at $3.00
per Lin. Ft. - $2,211.00; Radius
curb, 63 Lin. Ft. at $3.50 per Lin.
Ft. - $220.50; Total - $2,568.00.
Bid of D. C. May Construction Co.:
Earth excavation, 64 Cu. Yds. at
$2.49 per Cu. Yd. - $159.36; Con•
Crete driveways, 9 Sq. Yds. at $6.00
per Cu. Yd. - $54.00; Combina-
tion curb and gutter, 737 Lin. Ft.
at $2.73 per Lin. Ft. - $2,012.01;
Radius curb, 63 Lin. Ft. at $2.97
per Lin. Ft. - $187.11; Total -
$2,412.48.
Property owners on Diamond
Street addressed the Council re-
questing that a storm sewer be
constructed in this district as the
construction of curb and gutter will
not solve the storm water problem
and that if a storm sewer is ordered
constructed then they have no ob-
jections to the construction of curb-
ing and gutter on Diamond Street.
Nays-None.
Approved and placed on file for
one week on April 12, 1948.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the improvement of Diamond
Street from the East curb line of
Central Avenue tothe West curb
line of Jackson Street, with con-
crete curb and gutter, presented
and read. Councilman Moffatt
moved that the proof of publication
be received and filed. Seconded
by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 12, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions
sealed bids were received until
10:00 o'clock A, M. April 12, 1948
for the improvement of Diamond
Street from Central Avenue to
Jackson Street. Three bids were
received as shown on the attached
tabulation.
I recommend that the contract fo
this work be awarded to the lowest
bidder, the D. C. May Construction
Company.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
122 Special Session, April 12th, 1948
Councilman Thompson moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 78 --48
WHEREAS, proposals have been
submitted by contractors for the
improvement of Diamond Street
from the East curb line of Central
Avenue to the West curb line of
Jackson Street, pursuant to Reso-
lution No. 60-48, and D. C. May
Construction Company, contractor,
has submitted the lowest bid for the
furnishing of all labor and materi-
als and performing the work as
provided for in the plans and speci-
fications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract far the above
mentioned improvement be award-
ed to D• C. May Construction Com•
pony and the Manager be and he
is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete per-
formance of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on April 12th, 1948.
Councilman Moffatt moved that
the resolution be approved and
placed on file for one week. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the improvement of Forest.
Lane from the west curb line of
Nevada Street to the east curb line
of Delhi Street, presented and read.
Councilman Thompson moved that
the proof of publication
be received and filed. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Bids for the improving of Forest
Lane from the west curb line of
Nevada Street to the east curb
line of Delhi Street. Bid of Thos.
Flynn Coal Co.: Extra excavation,
71 Cu. Yds. at $1.00 per cu. Yd.
- $71.00; Lip concrete curb, 60
Lin. Ft, at $3.50 per Lin. Ft.-
$210.00; Remove and replace radius
curb, 25 Lin. Ft. at $3.50 per Lin.
Ft. - $87.50; Concrete 5"-7 1.2`'
thickness with wire mesh rein-
forcement, 2466 Sq. Yds. at $4.25
per Sq. Yd. - $10,480.50; Furnish
and install water valve box, 1 at
$25.00 - $25.00. Total - $10,874.00.
Bid of L. C. May Construction Co:
Extra excavation, 71 Cu. Yds. at
$3.00 per Cu. Yd.-$213.00; Lip con-
crete curb, 60 Lin. Ft. at $0.59
per Lin. Ft. - $35.40; Remove and
replace radius curb, 25 Lin. Ft. at
$2.60 per Lin Ft. - $65.00; Con-
crete 5"-7 1.2" thickness with
wire mesh reinforcement, 2466 Sq.
Yds. at $4.93 per Sq. Yd.-
$12,157.38; Furnish and install wa-
ter valve box, 1 at $29:00 - $29.00.
Total -$12,499.78. Bid of K-M
Construction Company: Extra ex-
cavation, 71 Cu. Yds, at $2.00 per
Cu. Yd.-$142.00; Lip concrete
curb, 60 Lin. Ft. at $3.00 per Lin
Ft. $180.00. Remove and replace
radius curb. 25 Lin. Ft. at $4.00 per
Lin. Ft.-$100.00; Concrete 5"-7~"
thickness with -wire mesh rein-
forcement, 2466 Sq. Yds, at $4.80
per Sq, yd.-$11,836.00; Furnish
and install water valve box, 1 at
$25.00-$25.00. Total $12,283.80.
April 12, 1945
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions
sealed bids were received until
10:00 o'clock A.M., April 12, 1943
far the improvement of Forest
Lane from Nevada Street to Del-
hi Street. Three bids were re-
ceived as shown on the attached
tabulation.
I recommend that the contract
for this work be awarded to tlr~
~;L
~~
n
Special Session, April 12th, 1948 123
lowest bidder, the Thos. Flynn Coal
Company.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 79-48
WHEREAS, proposals have been
submitted by contractors for the
improvement of Forest Lane frorn
the West curb line of Nevada Street
to the East curb line of Delhi
Street pursuant to Resolution NO.
56-48, and Thos. Flynn Coal Com-
pany, contractor, has submitted the
lowest bid for the furnishing of al]
labor and materials and performing
the work as provided for in the
plans and specifications; now
therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the contract for the above men-
tioned improvement be awarded to
Thos. Flynn Coal Company and the
Manager be and he is hereby di•
rected to execute a contract on
behalf 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 effective from and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week on April 12th, 1945.
Councilman Thompson moved
that the resolution be approved and
placed on file for one week. Sec-
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for to widen James Street 10 feet
on the west side from the south
curb line of West Third Street to
a point 450 feet south, presented
and read. Councilman Moffatt
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Murphy- Carried
by the following vote;
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 12, 1948.
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Pursuant to your instructions
sealed bids were asked for the wid-
ening of James Street from West
Third Street 450 feet south, until
10:00 A.M. April 12, 1948. No bids
were receiver for this work.
The apparent reason for this was
the inability of the contractors to
bid on the limited amount of sheet
asphalt pavement required.
I recommend that new bids be
solicited for a concrete base with
a bituminous surface in lieu of the
sheet asphalt. All the other con-
ditions and items to be as first
called far.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Van Duelman•
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of claim of Mrs. V. A.
Bischoff in the amount of $183.00
for injuries sustained in a fall on
the snow and ice covered street
known as Hawthorne Street, pre-
sented and read. Councilman Mof-
fatt moved that the claim be re-
ferred to the City Solicitor for in-
vestigator and report. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Original Notice of Suit of Martha
McNamer, Plaintiff, in the amount
of $2,500.00 for injuries sustained
in a fall on an icy depression in
the street on the northerly half
of East 12th Street between Maple
~f
124 Special Session, April lzth, x948
and Pine Streets as a point oppo-
site the middle of the loading plat-
form of A. Y. McDonald Mfg. Co.,
presented and read. Councilman
Thompson moved that the Original
Notice of Suit be referred to the
City Solicitor. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of The National
Federation of the Blind, White
Cane Week Committee, in regard
to helping the blind to help them-
selves by the buying and using
WCW Stamps during White Cane
Week and asking that a proclama•
tion be issued for the observance
of White Cane Week, May 15 to 21
inclusive, 1948, presented and read.
Councilman Wharton moved that
the communication be referred to
the Mayor to take whatever action
he deems necessary. Seconded by
Councilman Murphy. Carried by
the fallowing vote,
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of Star-Spangled
Banner Flag House Association,
Inc. stating that it would be much
a p p r e c i a t e d if a Proclamation
would be issued designating June
13th-19th, 1948, inclusive, as Na•
tional Flag Week, presented and
read. Councilman Murphy moved
that the communication be referred
to the Mayor. Seconded by Couu-
cilman Thompson. Carried by the
ollowing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of Robert C.
Byrus, Executive Secretary, The
Governor's Conference on Fire Pre-
vention, asking that the City of
Dubuque be represented at the
Conference on Fire Prevention
to be held at Des Moines, Iowa, on
May 28-29, 1948, presented and
read. Councilman Murphy moved
that the communication be re-
ferred to the City Council for con-
sideration. Seconded by Council-
man Wharton. Carried by the fol-
lowing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Petition of Fred W. Aschenbren-
er et al requesting that the City
Street Commissioner be authorized
and instructed to construct a cul-
vert and curbing on Dunleith
Street and that said construction
be assessed against the property
owners according to law, presented
and read. Councilman Wharton
moved that the petition be referred
to the City Council to view the
grounds. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Mr. Edward McDermott ad-
dressed the Council and submitted
a plat of the Subdivision of Lot 5
of Mineral Lot 72 and of the Sub-
division of City Lot 732, and of
the Subdivision of Lot 19 of City
Lot 724 also the dedication of Lot
2 of Sub. of Lot 5 of Mineral Lot 72
by St. Joseph Mercy Hospital as
a public street, also the dedication
of Lot 2 of the Sub. of City Lot
732 by the City of Dubuque as a
public street and also the dedica-
tion of Lot 2 of the Sub. of Lot 19
of City Loi 724 by St. Clara Col-
lege as a public street. Councilman
Murphy moved that the plat and
dedications be referred to the
Planning and Zoning Commission,
City Manager and City Solicitor for
their recommendation and report.
Seconded by Councilman Wharton..
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Murphy moved that
the verbal request of residents and
property owners on Florence
Street, Mountain Lane, Villa and
Valley Streets, asking that said
streets be graded and made pass-
able and that storm water drainage
be constructed be referred to the
Council to view the grounds. Sea
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy.
Thompson, Wharton.
Nays-None.
i~
r,
Special Session, April 12th, 1948 125
Council Proceedings for the
month of November, 1947, present-
ed for approval. Councilman
Thompson moved that the Council
Proceedings for the month of No-
vember 1947, be approved as
printed. Seconded by Councilman
Wharton. Carried by the follow-
ing vote.
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 8, 1948
Honorable Mayor and Members
of the City Council
Dubuque, Iowa
Gentlemen:
In re: Petition of Mary F.
Brandt for suspension oP
taxes on: East Dubuque
Lot 162.
From my investigation, I recom•
mend the petition be approved and
that notification of the approval by
the City Council be given to the
Board of Supervisors of Dubuque
County, Iowa.
Yours truly,
JOHN J. KINTZINGER
City Solicitor.
Councilman Moffatt moved that
the reconunendation of City Solici-
tor Kintzinger be approved and the
Board of Supervisors to be notified
of the action of the City Council.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 8, 1948
Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
With reference to the claim of
Carl R. Streblou for $25.00 done on
or about March 21, 1948, at approxi-
mztely 1:30 A. M. in the block of
28th and Washington Street. I
talked to the claimant and he stat-
es that they were traveling south
on Washington Street at about 15
miles per hour and on said street
he ran into a hole about 2 feet
wide, 3 1-2 feet long, and 6 or 7
inches deep, that he immediately
applied the brakes and that his
windshield was shattered and a
rear window in the right part of
the car was broken. Upon inquiry
he stated that nothing struck the
car and that no other damage was
done to the car. I examined the
car.
From my investigation I am of
the opinion that there is no lia-
bility and that this claim should be
denied.
Yours truly,
JOHN J. KINTZINGER
City Solicitor.
Councilman Thompson moved
that the recommendation of City
Solicitor Kintzinger be approved,
Seconded by Councilman Moffatt
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 8, 1945
Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
With reference to the claim of
Mr. Eugene P. Schroeder for $49.80
damages because of an obstruction
in the sewer at 293 Roland Street,
upon my investigation I find that
this sewer extends for some dis-
tancethrough private property an
that the employees of the City in
ascertaining the trouble of the
blocked sewer found therein a
scrub brush with rags around it
which caused the obstruction. That
was the only thing in the sewer
that caused the obstruction. I am
of the opinion that there is no
negligence on the part of the City
and that the claim should be de-
nied.
Yours truly,
JOHN J. KINTZINGER
City Solicitor.
Councilman Thompson moved
that the recommendation of City
Solicitor Kintzinger be approved.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 9, 1943
Honorable Mayor and Members
of the City Council.
Dubuque, Iowa
Gentlemen:
With reference to the claim of
James J, McAllister, it appears
~r
126 Special Session, April 12th, 1948
that on or about March 17, 1945,
while traveling west on Locust
Street he struck a hole in the
street where the pavement joins
with the brick, which hole was
about 1 1.2 to 2 feet wide and about
1 foot deep totally destroying one
of his tires and a tube. There was
no light on this hole and he had
no knowledge of it before and he
informs me that he learned the con-
dition had existed for some time.
I recommend that his claim be
paid in the amount of $15.25 and
Chat a warrent be issued therefor
for said amount and delivered to
him upon delivery to the City of
a release properly executed by
him.
Yours truly,
JOHN J. KINTZINGER.
Councilman Moffatt moved that
the recommendation of City Soli-
citor Kintzinger be approved and
the City Auditor instructed to draw
a warrant in the amount of $15.25
in favor of James J. McAllister, as
settlement in full of his claim, and
that said warrant be delivered upon
receipt by the City of Dubuque of
a properly executed release. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Duelman;
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 12, 1948
Honorable Mayor and Members
of the City Council
Dubuque, Iowa
Gentlemen:
With reference to the claim of
Robert F. Neuwoehner that was
referred to me for investigation
and report, on or about Saturday,
March 27,1948, claimant while traw
eling on Alpine Street about 7:55
P.M. ran into a hole on the street
about one foot wide, two feet long
and six inches deep causing a new
fire and tube purchased by him
in February to .blow out and be
of no further use. That the dan-
gerous condition in the street ex-
isted for some time; that there
was no light or anything to indi-
cate to the operator that this con-
dition existed. That the cost of
his fire and tube amount of $33.18.
I recommend that his claim be
allowed in the sum of $33.18 and
a warrant be issued payable to his
order and delivered to him upon de•
livery to the City of a release prop-
erly executed by him.
Yours truly,
JOHN J. KINTZINGER
City Solicitor
Councilman Murphy moved that
the recommendation of City Solici-
tor Kintzinger be approved and
the City Auditor instructed to draw
a warrant in the amount of $33.15
in favor of Robert F. Neuwoeh-
ner, as settlement in full of his
claim, and that said warrant be
delivered upon recepit by the City
of Dubuque of a properly executed
release. Seconded by Councilmar,
Moffatt. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 12, 1948.
Honorable Mayor and Members
of the City Council
Dubuque, Iowa
Gentlemen:
With reference to the claim of
Mrs. Alvin Thomas referred to me
for investigation and report on or
about March 10, 1945, at 6:45 P.ltl.
claimant while walking north on
the sidewalk on the north side of
the Strand Theatre on 12th Street
fell on some dangerous ice causing
her to receive injuries and compell-
ing her to see doctors. That her
glasses were broken. That this con-
dition was a dangerous condition
which had existed for some time
at this location. That the cost of
replacing her glasses amounted to
$28.00 and the cost of her doctor
bill in connection with the injury
she received at this time $18.50. She
has agreed to accept $46.50 in full
payment of her claim.
I recommend that her claim ue
allowed, that a warrant be issued
payable to her order and delivered
to her upon delivery to the City
of a release properly executed by
her.
Yours truly,
JOHN J. KINTZINGER.
Councilman Wharton moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$46.50 in favor of Mrs. Alvin
Thomas, as settlement in full of
~`
j
y
..
y
Y
~I
r
Special Session, April lath, 1948 127
her claim, and that said warrant
be delivered upon receipt by the
City of Dubuque of a properly exe-
cuted release. Seconded by Coun-
cilman Moffatt. Carried by the fol-
lowing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 80 - 48
Whereas, H. C. Arnold and Keith
S. Jaquette have filed an Applica-
tion vyith the City Council request-
ing permission to extend a sanitary
sewer from the last manhole on
High Bluff Street north easterly
through lots 11 and 12 of Fengler's
Addition owned by Leo Theis, to
Thomas Place and in Thomas Place
to serve lots 7, 8, 9 and 10 oC
Emsley's sub. under certain stipu-
lated conditions.
Now, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque:
Section 1. That permission be,
and the same is hereby granted
to H. C. Arnold and Keith S. Ja-
quette to extend a sanitary sewer
from the last manhole on High
Bluff Street north easterly through
lots 11 and 12 of Fengler's Addi-
tion to Thomas Place and in Thom-
as Place to serve lots 7, 8, 9 and
10 of Emsley's Sub, it being under-
stood that easement will be ob-
tained from Leo Theis for the con-
struction and maintenance of tha
sewer in consideration of his right
to use the said sewer.
Section 2. That the construction
of said sewer, which includes the
type of pipe and location thereof,
shall be done only under the super
vision of the City Engineer.
Section 3. That the total cost
of the construction of said sewer
shall be paid by H. C. Arnold and
Keith S. Jaquette and no part
thereof shall be borne by the City
of Dubuque.
Section 4. That after said sewer
has been laid and completed, the
street shall be put back in as good
condition as it was before it was
torn up for the purpose of receiv-
ing said sewer, at the cost of H.
C. Arnold and Keith S. Jagquette
and they shall be held responsible
for any and all damages which may
arise out of the construction there-
of, failure to properly guard the.
excavations and restore the street
to the condition it was in before
the construction began.
Section 5. That after said sani-
tary sewer has been constructed,
all persons living along and adja-
cent to said sewer shall have the
right to connect therewith, but
such right shall only be granted
upon a proper application being
made to the City Council and by
paying to H. C. Arnold and Keith
S. Jaquette, their successors or as-
signs, or depositing in the office
of the City Clerk for H. G. Arnold
and Keith S. Jaquette, the appli-
cant's proportionate part of the
cost of constructing said sewer
based on the lineal frontage of his
property abutting on said street,
but in no event shall the amount
to be paid by applicant exceed the
amount that may be levied under
law for the construction of saic'.
sewer. Within 60 days after the
completion of said sewer applicant
shall &le with the City Clerk n
statement under oath showing an
itemized account of the cost there-
of.
Section 6. That this Resolution
shall be effective and iu farce and
effect from and after its passage
and adoption by the Council, and
written acceptance thereof by ap-
plicant.
Passed, adopted and approved
this 12th day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEC. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk.
ACCEPTANCE OF RESOLUTION
H. C. Arnold, Keith S. Jaquette
and Leo Theis having read the fore-
going resolution, and having full
knowledge of the terms and con-
ditions thereof, hereby accept the
same as adopted, and agree to com-
ply with all the terms and condi-
tions, and assume all liabilities im-
posed upon them, including those
set forth in Section 4.
Executed this 17th day of April.
1948.
H. C. ARNOLD
KEITH S. JAQUETTE
LEO THEIS.
128 Special Session, April 12th, 1948 ~ ~ Special Session, April 12th, 1948 129
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 10.48. An Orat-
nance providing for the name, con-
trol, supervision and operation of
"The Dubuque Municipal Airport",
and providing for a penalty for the
violation of the provisions hereof,
presented and read. Councilman
Thompson moved that the reading
just had be considered the first
reading of the ordinance. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the rules be suspended re-
quiring an ordinance to be read on
three seperate days. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection for at least one week
before its final adoption. Seconded
by Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-Noce.
RESOLUTION N0. 81 - 48
BE IT RESOLVED by the City
Council 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-
mit to sell cigarettes and cigarette
papers within said City and the
Manager is directed to issue such
permit on behalf of said City.
NAME ADDRES;
Dolores Chapman and Thelma
Mardauss, 349 Eighth Avenue.
BE IT FURTHER RESOLVED
that the bond filed with the appii-
eation be approved.
Passed, adopted and approved
this 12th day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that Mr. J. K. Deming be reap-
pointed as a member of the Fire
and Police Pension and Retirement
Boards for a term of four years,
said term expiring April 1st, 1952.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Murphy moved that
Mr. John A. Kerper be reappointed
as a member of the Board of Dock
Commissioners for a term of three
years, said term expiring Novem-
ber 26th, 1950. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Wharton moved that
Mr. E. B. Lyons be reappointed as
a member of the Civil Service Com-
mission for a term of six years, said
term expiring March 31, 1954. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Councilman Moffatt moved that
Mr. Lester J. Streinz be reappoint-
ed as a member of the Board of
Adjustment for a term of five years,
said term expiring March 5th, 1953.
Seconded by Councilman Wharton,
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the State Auditor's office be
requested to audit the books of the
City of Dubuque at their very ea~-
liest convenience. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompsou, Wharton.
Nays-None.
There being no further business
Councilman Wharton moved to ad-
journ. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
J. J. SHEA
City Clerk.
Approved .......................... 1948.
Adopted _ ... ............_..._...., 1949.
ouncilmen: { ..... ...........................
Attest:
City Clerk.
lgo Special Session, April lath, 1948
City Councii
(Official)
Special Session, April 19th, 1948.
Council met at 7:30 P.M.
Present-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton. City Manager
Rhomberg.
Meeting called by order of Coun
cilmen Murphy and Thompson.
Mayor Van Duelman read the tail
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of con-
sidering for final adoption resolu•
tions awarding contracts for the
paving of Forest Lane and the curb
and guttering of Diamond Street
and Gandolfo Street and acting on
any other business as may properly
come befm•e a regular meeting of
the City Council.
Councilman Murphy moved that
the rules be suspended far the pur-
pose of allowing any one present
in the Council Chamber, who wish•
es to do so, to address the Coun-
cil. Seconded by Councilman Mof-
fatt. Carried by the following vote;
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Mr. James Kritz, acting as
spokesman for the objectors a-
gainst the improvement of Gan-
dolfo Sireet with concrete curb and
gutter, addressed the Counci] and
requested that all bids received for
the improvement of Gandolfo
Street with concrete curb and gut-
ter be thrown out and that if this
improvement is made instead of
its being an improvement it will
be a hazard.
(Awarding Contract)
RESOLUTION N0. 77 - 48
WHEREAS, proposals have been
submitted by contractors for the
improvement of Gandolfo Street
from the North curb line of St.
Joseph Street to the South curb
line of Lombard Street with con-
crete curb and gutter, pursuant to
Resolution No. 62-48, and K-lUI
Construction Company, contractor,
has submitted the lowest bid for
the furnishing of all labor and ma•
terials and performing the work as
provided for in the plans and
specificaitons; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the contract for the above men-
tioned improvement be awarded to
K-M Construction Company, and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVEll
that this resolution being deemed
urgent and of immediate necessity
become effective frmn and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week on April 12th, 1948.
Passed and adopted this 19th day
of April, 1948.
FRANK VIN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Second-
ed by Councilman Murphy. Carricci
by the following vote:
Yeas-Mayor Van Duehnan,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 78 - 48
WHEREAS, proposals have been
submitted by contractors for the
improvement of Diamond Street
from the East curb line of Central
Avenue to Che West curb line of
Jackson Street, pursuant to Reso•
lution No. 60-48, and D. C. May
Construction Company, contractor.
has snbmited the lowest bid for
the furnishing of all labor and ma-
terials and performing the work as
provided for in the plans and speci-
fications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above men-
tioned improvement be awarded to
D. C. May Construction Company,
and the Manager be and he is here-
by directed to execute a contract
on behalf of the City of Dubuque
for the complete performance of
said work.
BE IT FURTHER RESOLVED
9 i`
I
G
Special Session, April lgth, 1948 131
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week on April 12th, 1948.
Passed and adopted this 19th day
of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Van Duelman,
C o u n c i l m e n Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 79 - 48
WHEREAS, proposals have beer
submitted by contractors for the
improvement of Fm•est Lane from
THE West curb line of Nevada
Street to the East curb line oY
Delhi Street, pursuant to Resolu-
tion No. 56-48, and Thos. Flynn
Coal Company, contractor, has sub-
mitted the lowest bid for the
furnishing of all labor and materi-
als and performing the work as
provided for in the plans and speci-
fications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the contract for the above men-
tioned improvement be awarded to
Thos. Flynn Coal Company, and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVEll
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Gouneil.
Approved and placed on file
for one week on April 12th, 1948.
Passed and adopted this 19th day
of April, 1948.
FRANK VAN DUELMA~\'
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second•
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of the National
Safety Council advising that the
City of Dubuque has been selected
as the winner of First Place for
1947 in the National Traffic Safety
Contest among the cities in your
population group, presented and
read. Councilman Murphy moved
that the communication be received
and filed. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Conununication of Alfred W.
Kahl, Commissioner, Department
of Public Safety, Des Moines, Iowa,
congratulating the City of Dubuque
on receiving the signal honor of
being awarded first place in the
Nation for safety by the National
Safety Council, presented and read.
Councilman Murphy moved that
the communication be received and
filed. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman
Counci 1 m a n Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of Robert C.
Byrus, Fire Protection Engineer,
advising that the 24th Annua9 Iowa
Fic•e School will be held at Iowa
State College, Ames, Iowa, May 18-
21, 1948, presented and read.
Councilman Murphy moved that
the communication be referred to
the City Manager to confer with
the Fire Chief in regard to Fire•
132 Special Session, April 19th, 1948
men attending the Fire School at
Ames, Iowa. Seconded by Council-
man Wharton. Carried by the fol-
lowing vote:
Yeas-Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
bIr. Louis Kolfenbach addressed
the Council requesting that the
City set up the requirements that
must be met in order that his plat
of Vernon Heights Subdivision may
be approved. Councilman Murphy
moved that the request be referred
to the City Council and 4he City
Manager, City Engineer and Wa-
ter Superintendent be instructed to
submit a report back to the City
Council at their very earliest con-
venience. Seconded by Councilmau
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of Glenn L.
Story, Secretary of the Iowa
Municipal Accounting Officers As•
sociation, advising that a school of
instruction will be held for all Ac-
counting Officers of the MunicipaL•
ties of the State of Iowa on May
13th and 14th, 1948 at Des Moines,
Iowa, presented and read. Coun-
cilman Murphy moved that the
communication be referred to the
City Council. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of the Dubuque County
Unit of the American Cancer Socie-
ty requesting permission for the
holding of a tag day on Saturday,
May 8th, 1948, presented and read.
Councilman Wharton moved that
the request be granted. Seconded
by Councilman Moffatt. Carried by
the following vote:
Yeas-Mayor Van Duelman,
C o u n c i l m e n Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of City Employees Lo•
cal No. 228 requesting that appeint•
ments be made from the eligible
list set up for the purpose of filling
vacancies in the Street, Sewer aud.
Water Departments, presented and
read. Couhcilman Wharton moved
to refer the petition to the City
Council for consideration. Seconded
by Councilman Moffatt. Carried by
the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy
Thompson, Wharton.
Nays-None.
Annual Report of the Librarian
of the Carnegie-Stout Free Public
Library, presented. Councilmar.
Wharton moved that the Annual
Report of the Librarian of the Car-
negie-Stout Free Public Library be
received and placed on file. Sec-
onded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Van Duleman,
Councilmen Moffatt, Murphy.
Thompson, Wharton.
Nays-None.
Annual report of the Board of
Trustees of the Carnegie-Stout
Free Public Library, presented.
Councilman Wharton moved that
the Annual Report of the Board of
trustees of the Carnegie-Stout
Free Public Library be received
and placed on file. Seconded by
Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Van Duelman, Councilmen Moffatt,
M~nphy, Thompson, W hla r t'o n
Nays-None.
Ordinance No. 10-48. An Ordi-
nance. providing for the name, con-
trol, supervision and operation of
"The Dubuque Municipal Airport",
and providing for a penalty for the
violation of the provisions hereof,
said ordinance having been passes
upon first reading on April 12th,
1948, and ordered placed on file
with the City Clerk for public in-
spection for .at least one week be-
fore its final adoption, was present•
ed for final adoption.
ORDINANCE N0. 10 - 48
An Ordinance providing for the
name, control, supervision and
operation of "The Dubuque
Municipal Airport," and providing
for a penalty for the violation of
the provisions hereof.
Sec. L That the new airport lo-
cated in Table Mound Township
norv the Property of the City of
Dubuque be and the same is now
Special Session, April 19th, 1948 133
named "The Dubuque Municipal fees prescribed by the ordinance or
Airport." the rules and regulations herein-
after nrnvided for.
Sec. 2 Limitations on use. Only
aircraft and airmen licensed by
the Civil Aeronautics Administra-
tion of the United States Depart-
ment of Commerce shall operate on
or over the airport; PROVIDED,
HOWEVER, that this restriction
shall not apply to public aircraft
of the Federal Government or of
a state, territory or possession, or
of a political subdivision thereof,
or to aircraft licensed by a foreign
country with which the United
has a reciprocal agreement cover-
ing the operation of such licensed
aircraft.
Sec. 3. Conformity to government
regulations. No person shall navi•
gate any aircraft over, land upon,
or fly the same from, or service,
maintain, or repair any aircraft up-
on the airport, or conduct any air-
craft operations on or from the air-
port otherwise than in conformity
with the requirements of the Civil
Aeronautics Administration.
Sec. 4. Adoption of government
regulations. The Civil Air Regula-
tions as established by the Civil
Aeronautics Administration under
the authority of the Air Commerce
Act of 1926 are hereby adopted by
reference and made a part of these
rules, except where they are in con-
flict with the regulations of the
United States Air Corps.
Sec. 5. Office of airport manager
created. The office of airport man-
ager is hereby created, who shall
perform such duties as shall from
time to time be required.
Sec. 6. Duties of airport man-
ager. In addition to general man-
agement and supervision of the air-
port, including the regulation of all
activities connected therewith, the
airport manager shall be responsi-
ble far all activities of the civil
landing area, the continued main-
tenance of adequate personnel, pro-
tective facilities, and records of
all flight operations as may be re-
quired by the Civil Aeronautics Ad-
ministration; prohibit the opera-
tion of civil aircraft in violation of
any rules or regulations prescribed
by the Civil Aeronautics Adminis-
tration, issue ail permits approved
by the city council; and collect all
Sec. 7. Rule•making Power. The
city council shall promulgate and
put in force such rules and regula-
tions as shall be deemed necessary
for the proper operation, control
and regulation of said airport. A
copy of such rules and regulations
shall be filed with the city clerk,
together with any amendments
thereto; also, copies thereof shall
be posted in two (2) conspicuous
places in the administration build-
ing at the municipal airport and in
the city hall.
Sec. 8. Suspension of Rules. Any
of these traffic rules and regula-
tions that are- in conflict with or
contrary to the rules and regula-
tions of the United States Air Corps
shall be suspended during any ten-
ancy of the United States Air
Corps, and such other rules and
regulations as the Post Commander
may prescribe shall be put into full
effect by supplemental notices is-
sued in the form of Special Field
Orders by the airport manager.
These Special Field orders shad
be effective and made a part of
said rules and regulations.
Sec. 9. Permits required. No per-
son, firm or corporation shall use
the municipal airport as a base
or terminal for the carrying on of
commercial aviation, the carrying
of passengers, freight, express,
mail, or for student flying, com-
munications or other commercial
or private purpose, without first
securing a permit from the airport
manager and pay~ug the fees and
charges prescribed for such privi-
leges, use, or services rendered.
Sec. 10. Concessionaires. No
person, firm m• corporation shall
engage in the sale of refreshments
or of an other commodity, gasoline,
oil, or any other merchandise, or
render any services for hire with-
in the confines of the municipal
airport without having first secur-
ed apermit from the city council
and paid or made satisfactory ar-
rangements to pay, such fees or
other sums of money as may be
fixed and determined by the City
Council For such privilege of con-
cessions.
w
134 Special Session, April Igth, 1948
Sec. 11. Registration required.
The names, addressee, telephone
numbers, and nature of business or
occupation of all persons stationed
or employed upon the city airport
or receiving instruction thereon, or
operating therefrom, shall be regis•
tered at the administration office
of the airport, except United States
Officers or personnel.
Sec. 12. Waiver and indemnity.
'Phe permission granted by the air-
port manager, the mayor, and-or
of the City Council to use the
airport and its facilities, or to fly
to, from or over the same, shall
be at all times conditioned upon
the assuption of full responsibili-
ty therefor by every person exer-
cising or taking advantage of such
permission. It shall be a further
condition thereof that each person,
as a consideration for the use of
the airport and for its facilities,
shall at all times release, hold
harmless and indemnify the city of
Dubuque, its officials and their
agents and employees Yrom any
and all responsibility, liability, loss
or damage, resulting to any such
person, or caused by or on his be•
half and incident to the manner in
which the airport is operated, con-
structed or maintained, or served
from within or without, or used
from without. The use of the air-
port by any person for any purpose
or the paying of fees therefor
or the taking-off or Landing air-
craft thereon shall be itself an ack-
nowledgment that such person ac-
cepts such privileges en the condi•
ti~on herein set forth.
Sec. 1S. Penalties. Auy person
operating or handling any aircraft
in violation of the provisions of
this oridnance, the rules and regu•
lotions promulgated hereunder, or
amendments thereto, or who re-
fuses to comply therewith, shall be
promptly removed and ejected from
the airport by or under the authori-
ty of the airport manager, and up-
on the order of the airport man-
ager, may be deprived of the fur-
ther use of the airport and its facil-
ities for such length of time as may
be required to insure the safeguard-
iug of the same and the public
and its interest therein. In addi-
tion thereto, any person, firm, cc-
partnership, corporation, associa-
tion, society or club violative any
of the terms oP this ordinance, the
rules and regulations promulgated
hereunder, or amendments thereto,
shall be fined not to exceed One
Hundred Dollars ($100.00) or be
imprisioned in the city jail not to
exceed thirty (30) days.
Sec. 14. This Ordinance being
deemed urgent and in the preser•
vation of public safety and con-
venience shall be in force and ef•
fect from and after its final pas-
sage and adoption and publication
as provided by law.
Passed upon first reading this
12th day of April, 1948.
Passed, adopted and approved
this 19th day of Aprih 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Published officially in The Tele-
graph•Herald newspaper this 21st
day of April, 1948.
4-21 it
J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the ordinance. Second-
ed by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 16, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen,
I herewith submit reports of the
City Auditor, City Treasurer, City
Health Department and City Water
Works for the month of March,
1948, also list of claims and list
of payrolls for which warrants were
issued for the month of March,
1948.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson moved
that the reports be received and
placed on file. Seconded by Coun-
cilman Moffatt. Carried by the
following vote:
Special Session, April 19th, 1948 135
Yeas-Mayor Van Duelman, Mae Agnes Moore Indemnity
Councilmen Moffatt, Murphy, Clerk-Health De- Ins, Co. of
Thompson, Wharton, partment North America
Nays-None. Hylda N. Luke U.S. Fideli•
Recreational Direc• ty and Guar-
April 19, 1948. for anty Co.
To the Honorable Mayor John Joseph Hail Massachus-
and City Council, Supt. & Cashier- etts Bonding
Dubuque, Iowa. Water Department & Ins. Co.
Gentlemen:
Thomas Fitzpatrich Massachus-
This is to advise th at I have ap- Clerk-Water chusetts Bond-
proved the following bonds and de- Department ing and Ins Co.
sire to have your appr oval on same
for filing: Allen Charles Kane The Centu•
Clerk-Water De• ry Indemnity
PERSONAL partment Co.
Albin A. Rhomberg Continen- Lucille Oster Massachus-
City Manager tal Casual- Clerk-Water De- etts Bonding
ty Co. partment & Ins. Co.
John J. Kintzinger Massachus' Marjorie Busch Massachus-
City Solicitor etts Bonding Clerk-Water De- etts Bonding
& Ins. Co. partment & Ins. Co.
Edward M. Tschirgi Continen Raymond A. Savory Continen-
City Treasurer tal Casual- parking Meter Main- tal Casual-
ty Co. tenance Man and ty Co.
Collector
Robert P. Marshall Massachus-
City Auditor etts Bonding Excavation Bond
& Ins. Co. D. C. May Con- U.S. Fideli-
struction Company ty & Guar-
J. J. Shea Massachus- anty Co.
City Clerk etts Bonding
& Ins. Co. Respectfully submitted,
A. A. RHOMBERG,
Geraldine L. Jenni Continen- City Manager.
Secretary to City tal Casual-
Manager ty Co. Councilman Moffatt moved that
the bonds be approved and placed
R. J. Gallagher National on file. Seconded by Councilman
City Enginee~° Surety Cor- Thompson. Carried by the folio~.v
poration ing vote:
Yeas-Mayor Van Duelman.
John C. Oberhausen Continen- Councilmen Moffatt, Murphy,
Police Judge tal Casual- Thompson, Wharton.
ty Co.
Nays-None.
John A. Brady Central
Clerk of Police Surety & Ins.
Court Corporation April 19, 1948
To the Honorable Mayor
Donald J. Bandy Continen- and City Council,
Building Commis- tal Casual Dubuque, Iowa.
sinner ty CO. Gentlemen:
Daniel J. O'Leary American At the meeting of April 12, 1948
Phimbing Inspector Surety Co. the petition of Fred W. Aschen-
Luvern Carl Norton The Centu- brener et. al. regarding the im-
Electrical Inspector ry Indemni- provement of Dunleith Street was
ty Co. referred to the Council to view the
grounds. The Council having
Virgil Fay Chapman Continen- viewed the premises decided to
Milk Inspector tal Casual- have a plat and schedule prepared
ty Co. for curb and gutter, bituminous sur-
r.~~
~~_
136 Special Session, April lgth, 1948
facing and drainage. I recommend
that the decision of the Council be
confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Murphy. Car•
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 19, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The present two-way A.M. radio
used in police work is approaching
the end of its useful life. It is
desirable that it be replaced with
a Frequency Modulated Radio. In
order to be in the proper channel
with a frequency of 37.1 megacycles
it is necessary under Federal Com-
munication Commission rules that
the city join with Dubuque County
in MAKING THE APPLICATION.
I recommend that the Mayor and
Clerk be authorized to sign the at-
tached agreement and application
for and on behalf of the City of
Dubuque.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
AGREEMENT
OF DUBUQUE POLICE
AND DUBUQUE COUNTY
THIS AGREEMENT, made and
entered into on this April 19, 1948,
by and between the City of Dubu-
que, Iowa and Dubuque County,
Iowa, Witnesseth:
WHEREAS, The City of Dubuque
Iowa now has, maintains, and oper•
ates a fixed transmission station
Yor radio communications with
squad cars operated by its Police
Department, and,
WHEREAS, Dubuque Count;,
Iowa and its Sheriff desire to pro•
vide two-way county wide radio
communication between the Com•
munication Division of the Dubuque
Police Department and automo-
biles operated by said Sheriff and
his deputies, and,
WHEREAS, a fixed transmission
station having sufficient power to
cover Dubuque County, Iowa and
radio communication with automo-
biles operated by the Sheriff of
Dubuque County and his deputies,
in all parts of the County, would
increase the efficiency of law en-
forcement and the apprehension
of law violaters, both by the said
Police Department and said Sheriff,
and,
WHEREAS, the parties hereto
desire to provide two-way Radio
communications covering the whole
of Dubuque County, operated on
one cornmon frequency used by the
Dubuque Police Department and
the Sheriff of Dubuque County,
Iowa and to avoid duplication of
transmission equipment for so
doing.
NOW, THEREFORE, in consider-
ation of the foregoing premises,
and the agreements herein con-
tained, and other good and valuable
consideration. It is hereby coven-
anted and agreed by and between
the City of Dubuque, Iowa and Du•
buque County, Iowa, as follows:
between the City of Dubuque,
Iowa and Dubuque County, Iowa,
as follows:
(1) The parties hereto shall make
a joint application to the I+'ederal
Communications Commission for
the assignment of one common fre-
quency to the City of Dubuque,
Iowa and Dubuque County, Iowa
for coordinated two-way police and
sheriffs radio communications, and
for the establishment of a fixed
transmission station having suffi-
cient power to cover the whole of
Dubuque County, Iowa, using said
common frequency so assigned.
The construction permit instru-
ment of authorization and-or license
issued on said joint application
shall be issued to the City of Du-
buque, Iowa..
(2) Dubuque County, Iowa here-
by agrees that it will not make any
separate application on its own
part, for assignment of a separate
Special Session, April tgth, 1948 137
and distinct frequency for use of
its Sheriff or for the establishment
of a fixed transmission station,
either during the pendency of said
joint application to be made as pro-
vided in Paragraph 1 hereof, or
thereafter in the event said joint
application is granted, as long as
this agreement remains in force
and effect.
(3) In the event said joint appli-
cation to be made as provided in
Paragraph 1 hereof is granted by
the Federal Communications Com-
mission, the City of Dubuque, Iowa
hereby agrees to purchase, install
and provide at its expense, a fixed
radio transmission station, having
sufficient power to broadcast radio
calls to all parts of Dubuque Coun-
ty, Iowa, on the frequency assigned
by the Federal Communications
Commission on said joint appli-
cation, and to permit the Sheriff
of Dubuque County, Iowa to con-
tact the Connuunications Division
of the Dubuque Police Department
and have dispatched information of
an emergency nature, in coopera-
tion, co-ordination, and conjunction
with the Police Department of the
City of Dubuque, Iowa. All ex-
penses in connection with the pur-
chase, installation, connection,
operation, maintenance, and repair
of the mobile units in automobiles
operated by peace officers employ-
ed by Dubuque County, Iowa shall
be paid by Dubuque County, Iowa.
EXECUTED IN QUADRUPLI-
CATE AT Dubuque, Iowa, this 19th
day of April, 1948.
DUBUQUE COL?N- CITY OF
TY, IOWA DUBiJQUE,
IOWA
By: Joe Baule, By: Frank
Chairman Coun- Van Duel-
ty Supervisors man, Mayor
Clarence Ham- J. J. Shea,
merand City
Hubert Donovan C1erY..
I, A11an Daykin, County Auditor
of Dubuque County, Iowa, hereby
certify that the above and fore-
going is a true copy of the agree-
mentfiled in my office.
Dated this 19th day of April, 1948.
c ALLAN T. DAYKIN,
' County Auditor.
i',;
Apri112,1948
Honorable Mayor and Members
of the City Council
Dubuque, Iowa
Gentlemen,
With reference to the claim of
A. Vonah that has been referred
to me for investigation, on or a-
bout Saturday, March 27, claimant
while driving on Alpine Street, af-
ter dark, ran into a hole in the
Street which was about one foot
wide, two feet long and six inches
deep causing one of his tires to
break through in two places; and
causing damage to the inner tube
therein. That said hole was not
lighted or barricaded in any man-
ner and was a dangerous condition
in this Street. That the tire and
tube when new cost him about
$20.60. That he has agreed to ac-
cept $10.00 in full payment of his
damages, having driven the tire
about a year. I recommend
thai his claim be allowed in the
sum of $10.00 and that a warrant be
issued payable to his order and
delivered to him upon delivery to
the City of a release properly exe-
cuted by him.
Yours truly,
JOHN J. KINTZINGER
City Solicitor.
Councilman Moffatt moved that
the recommendation of City Solici-
tor Kintzinger be approved and the
City Auditor instructed to draw a
warrant in the amount of $10.00
in favor of A. Vonah, as settlement
in full of his claim, and that said
warrant be delivered upon receipt
by the City of Dubuque of a proper-
ly executed release. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
April 15, 1948
Honorable Mayor and Member°s
of the City Council
Dubuque, Iowa
Gentlemen:
With reference to the claim of
Mrs. lYIary L. Erpelding, on or a-
bout February 3, 1948, while cross-
ing Central Avenue at Loras Boule-
vard as she attempted to step on
the sidewalk she stepped on a
large body of ice next adjoining
the curb, fell and broke her left
arm. She was required to go to
138 Special Session, April Igth, 1948
the hospital and receive medical at•
tentimr. That the actual amount of
her hospital and doctor bills is
$82.50. The condition of the cross-
walk at the time and place of the
injury was in a dangerous condi-
tion.
I recommend that the claim be al-
lowed in the sum of $82.50 and that
a warrant be issued payable to her
order and delivered to her upon de-
livery to the City of a release prop-
erly executed by her.
Yours truly,
JOHN J. KINTZINGER.
City Solicitor.
Councilman Wharton roved that
the reconunendation of City Solici-
tor Kintzinger be approved and the
City Auditor instructed to draw a
warrant in the amount of $82.50 in
favor of Mrs. Mary L. Erpelding, as
settlement is full of her claim, and
thaC said warrant be delivered up•
on receipt by the City of Dubuque
of a properly executed release.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Van Duelman,
C o u n c i l rn e n Moffatt, Murph,a,
Thompson, Wharton.
Nays-None.
April 17, 1948
To the Honorable Mayor and
Members of the City Council
City of Dubuque
Dubuque, Iowa
Gentlemen:
Attached are two easements for
laying 6" water main through prop-
erty located between the end of
Dunleith Street and iu a westerly
direction to Elinor Street.
The City Water Department pro-
poses to lay a water main through
about 150 feet of privately owned
property which will eliminate two
dead ends and will fulfill the re-
quirements of the National Board
of Fire Underwriters.
Yours very truly,
City Water Department
J. J. HAIL
Superintendent.
Councilman Murphy moved that
-the communication he received and
made a matter of record. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt> Murphy,
Thmnpson, Wharton.
Nays-None.
Dubuque, Iowa
April 15, 1948
Know All Men By These Pres-
ents: That the undersigned, being
the owner of the North East twenty
(20) feet of Lat 1 of 2 of 1 of 1
of 1 of 2 of Robinsons Subdivision
in the City of Dubuque, Iowa for
valuable consideration thereon
paid, the receipt whereof is hereby
acknowledged, hereby grants and
conveys to the City of Dubuque,
Iowa, the privilege of laying and
maintaining a 6" water main on
the aforesaid lot, the location of
same to be parallel with and six-
teen (16) feet South West of the
North East line of said lot, and ex-
tending through its entire leng±h.
The foregoing agreement car_-
stitutes apermanent assignment in
favor of the City of Dubuque and
shall be binding upon, not only the
grantor, Harry C. Nesler, but also
upon any successors or assigns.
DR. HARRY C. NESLEh
Owner.
Subscribed a.rd sworn .~ by
Harry C. Nesier before me, Ruth
141. Klein, a Notary Public, in ~;nrl
far Dubuque County, State oY Iowa,
this 15th day of April, 1948.
RUTH M. KLEIH
Councilman Wharton moved that
the Grant and Easement be ap
proved and recorded with the Coun-
ty Recorder. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Teas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Dubuque, Iowa
April 1948
Know All Men By These Presents
That the undersigned, being the
owners of Lot 1 of 2 of 1 of Lot "B"
of Lot 1 of 1 of 1 of Mineral Lot
24, in the City of Dubuque, Iowa
for valuable consideration thereon
paid, the receipt whereof is hereby
acknowledged, hereby grant and
convey to the City of Dubuque,
Iowa, the privilege oY laying and
maintaining a 6" water main on
the aforesaid lot to be across the
Westerly parts of said above de•
scribed lot from a point sixteen
(16) feet South West of the North
East corner of Lot 1 of 2 of 1 of 1
of 1 of 2 of Robinson Subdivision,
i.
l
~+
~;
~~
t'
I,
Special Session, April 19th, 1948 13A
thencein a Southerly direction and
at right angle with Dunleith Street.
The foregoing agreement con-
stitutes a permanent assignment
in favor of the City of Dubuque
and shall be binding upon, not on-
ly the grantors, Joseph V. Kep-
pler and Mary E. Keppler, but also
upon any successors or assigns.
MARY E. KEPPLER
JOSEPH V. KEPPLER
Owners.
Subscribed and sworn to by Jos
eph V. Keppler and Mary E. Kep-
pler before me, P. J. Schanbeck•
a Notary Public in and for Dubuque
County, State of Iowa, this 17th
day of April, 1948.
P. J. SCHANBECK
Councilman Wharton moved that
the Grant and Easement be ap-
proved and recorded with the Coun-
ty Recorder. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-MAYOR Van Duelman,
C o u n c 11 m e n Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of Lot
No. 6 Jones Sub., property abutting
upon and adjacent to Edina Street,
hereby petitions the City Council of
the City of Dubuque, Iowa, as
soon as practicable, to proceed with
the construction oY an eight (8)
inch vitrified file sanitary sewer to
be located in Vernon and Edina
Streets an tributary to the existing
manhole located in -'Iineral Lot DIo.
176, and does hereby petition said
City to enter into a contract for
the construction of said improve-
ment in accordance with and as
provided by plans and specifica-
tions to be furnished and approved
by said City. Said contract to be
let and entered into in the manner
provided by statue for bids aid
contacts for sewer work.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to pay
his proportionate share of the
actual cost thereof, including the
engineering and inspection expense
to the City and the expense of
making the assessment schedule.
It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred on
a front footage basis and that such
assessment shall be and constitute
a lien upon the properties of the
undersigned for the actual cost of
such improvements on and from
the date of the acceptance of this
Petition by the City, and the un-
dersigned agrees to pay said
assessments in full, either by a
lump sum payment or in ten equal
installments as provided by law,
not r^rithstaLding' any provisions of
the Statute to the contrary. The
undersigned waives any and all
rights he has to object to the mak-
ing of said improvements and con-
sents to pay his proportionate
share of the actual cost as afore-
said. The undersigned further pe-
titions said City to pay the con-
tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the under-
signed.
The undersigned further peti-
tions said City to pay the con-
tractor for omistracting said im-
provements by the issuance and
sale of improvement bonds in anti
cipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are order-
ed with or without the Petition of
propel°ty owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his
obligation to pay assessments
made against his property as afore-
said.
ALE% BODISH
CAROLINE BODISH
Councilman Moffatt moved that
the Petition and Waiver be re-
ceived and made a matter of rec-
m~d. Seconded by Councilman Mur-
phy. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
14o Special Session, April 19th, 1948
PETITION AND WAIVER
The undersigned, owner of Lot 40
Levin's Addition, property abutting
upon and adjacent to Vernon
Street, hereby petitions the City
Council of the City of Dubuque,
Iowa, as soon as practicable, to
proceed with the construction of
an eight (8) inch vitrified file san•
itaty sewer to be located in Ver-
non and Edina Streets and tribu-
tary to the existing manhole locat-
ed in Mineral Lot No. 176 and does
hereby petition said city to enter
into a contract for the construction
of said improvement in accordance
with and as provided by plans
and specifications to he furnished
and approved by said City. Said
contract to be let and entered
into in the manner provided by
statute for bids and contracts for
sewer work.
In consideration of the construe-
tion of the improvement as afore-
said, the undersigned agrees to pay
his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment schedule.
It is agreed that the City of
Dubuque shall cause assessments
Co be made against the property
of the undersigned in proportion to
the special benefits conferred en
a front footage basis and that such
assessment shall be and constitute
a lieu upon the properties of the
undersigned for the actual cost of
such improvements on and from
the date of the acceptance of this
Petition by the City, and the under-
signed agrees to pay said assess-
ments in full, either by a lump sum
payment or in ten equal install-
ments as provided by law, not
withstanding any provisions of the
Statute to the contrary. The under-
signed waives any and all rights
he has to object to the making of
said improvements and consents
to pay his proportionate share of
the actual cast as aforesaid. The
undersigned further petitions said
City to pay the contractor for con-
structing said improvements by
delivery of special assessment cer-
tificates or special assessment
bonds to the contractor against the
pnoperty of the undersigned.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said
improvements by the issuance and
sale of improvement bonds in anti-
cipatiott of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are or-
dered with or without the Petition
of property owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his
obligation to pay assessments
made against his property as afors-
said.
ALEX BODISH
CAROLINE BODISH
Councilman Moffatt moved tha".
the Petition and Waiver be re-
ceived and made a matter of record.
Seconded by Councilman Murphy,
Carried by the following vote:
Feas-M a y r, r Van Duelman,
Councilmen Moffatt, Murphy.
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of East
97.3` Lot 72 Voelker Highlands Ad-
dition property abutting upon and
adjacent to Edina Street hereby
petitions the City Council of the
City of Dubuque, Iowa, as soon as
practicable, to proceed with the
Construction of an Eight (8) inch
Vitrified Sanitary Sewer to be lo•
toted in Vernon and Edina Streets
and tributary to the existing man-
hole on Mineral Lot. No. 176, and
does hereby petition said City to
enter into a contract for the con-
struction of said improvement in
accordance with and as provided
by plans and specifications to be
furnished and approved by said
City. Said contract to be let and
entered into in the manner pro•
vided by statute for bids and con-
tracts for Sewer Work.
In consideration of the construe
tion of the improvement as afore-
said,the undersigned agrees to pay
his proportionate share of the
actual cost thereof, including the
engineering and inspection expense
to the City and the expense of
i f:
f
4
t
f
p
1
Special Session, April 19th, 1948 141
making the assessment schedule.
It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion to
the special benefits conferred on
a front footage basis and that such
assessment shall be and constitute
a lien upon the properties of the
undersigned for the actual cost of
such improvements on and from the
date of the zcceptance of this
Petition , by the City, and the un-
dersigned agrees to pay said
assessments in full, either by a
lump sum payment or in ten equal
installments as provided by law,
not withstanding any provisiosns
of the Statute to the contrary. The
undersigned waives any and all
rights he has to object to the mak-
ing of said improvements and con-
sents to pay his proportionate
share of the actual cost as afore-
said.
The undersigned further peti•
tions said City to pay the con-
tractor for constructing said im-
provements by delivery of spe-
cial assessment certificates or
special assessment bonds to the
contractor against the property of
the undersigned.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by the issuance and
sale of improvement bonds in anti-
cipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are or-
dered with or without the Petition
of property owners, without in any
way qualifying this Petition or
releasing the undersigned from
ltis obligation to pay assessments
made against his property as a•
foresaid.
HUBERT DCNOVAN
dCE BAULE
CLARENCE I3AMMERAND
Councilman Moffatt moved thaC
the Petition and Waiver be re
ceived and made a matter of rec-
ord. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Van Duelman.
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of E.
85` of Lot 1 of the Sublivision
of S. 80` of Lot 8 and Lot 3 og
Lot 1 of Let 9 of Mt. Pleasant
Addition property abutting upon
and adjacent to Vernon Street,
hereby petitions the City Cour-
cil of the City of Dubuque, Iowa,
as soon as practicable, to proceed
with the construction of an eight
(8) inch vitrified file sanitary
sewer to be located in Vernon
and Edina Streets and tributary
to the existing manhole located
in Mineral Lot No. 176, ar-d does
hereby petition said City to enter
into a contract for the construe
tion of said improvement in ac-
cordance with and as provided by
plans and specifications to he
furnished and approved by the
City. Said contract to be let and
entered into ir, the manner pro
vided by statute for bids and con-
tracts for sewer work.
In consideration of the construc-
tion of the improvement as afore
said, the undersigned agrees to pay
his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the ex-
pense of making the assessment
schedule. It is agreed that the City
of Dubuque shall cause assess-
ments to be tnade against the prop-
erty of the undersigned in pro-
portion to the special benefits con-
ferred on a front footage basis
and that such assessment shall
be and constitute a lien upon the
properties of the undersigned for
the actual cost of such improve-
ments on and from the date of the
acceptance oY this Petition by
the City, and the undersigned a-
grees to pay said assessments in
full, either by a lump sutn pay-
ment or in ten equal installments
as provided by law, not withstand-
ing any provisions of the Statute
to the contrary. The undersigned
waives any and al] rights he has
to object to the making of said
improvements and consents to pay
his proportionate share of the
acutal cost as aforesaid. The un-
dersigned further petitions said
r~
142 Special Session, April Igth, 1948
City to pay the contractor for con•
structing said improvements by de-
livery of special assessment certi-
ficates or special assessment bonds
to the contractor against the pro-
perty of the undersigned.
The undersigned further peti-
tions said City to pay the cott-
tractor for constructing said im-
provements by the issuance and
sale of improvement bonds in anti•
cipation of deferred payments of
assessments when a .contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im•
proaements the Resolution of the
City Couucii may contain recitals
that said improvements are or•
dered with or without the Petition
of property owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his
obligation to pay asses~rnents
made against his property as a-
foresaid.
HUBERT DONOVAN
JOE BAULE
CLARENCE HAMMERAND
Councilman Moffatt moved that
the Petition and Waiver be re-
ceived and made a matter of rec-
ord. Seconded by Councilman Mur-
PhY". Carried by the following vote.
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, oamer of Lots
50 and 51 Levin's Addition proper-
ty abutting upon and adjacent to
Edina Street hereby petitions the
City Council of the City of
Dubuque, Io~va, as soon as prac•
ticable, to proceed with the con-
struction of an eight (8) inch vi-
trified file sanitary sewer to be
located in Vernon and Edina
Streets and tributary to the ex•
fisting manhole located in Mineral
Lot No. 176, and does hereby peti-
tion said City to enter into a con•
tract for the construction of said.
improvement in accordance with
and as provided by plans and
specifications to be furnished and
approved by said City. Said con-
tract to be let and entered into
in the manner provided by statute
for bids and contracts for sewer
work.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred ott
a front footage basis and that
such assessment shall be and con-
stitute alien upon the properties
of the undersigned for the actual
cost of such improvements on and
Prom the date of the acceptance of
this Petition by the City, and the
undersigned agrees to pay said
assessments in full, either by a
lump sum payment or in ten equal
installments as provided by law.
not withstanding any provisions of
the Statute to the contrary. The
undersigned waives any and all
rights he has to object to the
making of said improvements and
consents to pay his proportionate
share of the actual cost as afore-
said.
The undersigned further peti-
tions said City to pay the contrac-
tor for constructing said improve-
ments by delivery of special
assessment certificates or special
assessment bonds to the contrac-
ior against the property of the
nndersigned.
The undersigned further . peti-
tions said City to pay the con-
tractor for constructing said im-
provements by the issuance and
sale of improvement bonds in anti-
cipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are or-
dered with or without the Pet~-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
Special Session, April i9th, 1948 143
hie obligation to pay assessments
made against his property as a-
foresaid.
H. F. ESSER
Councilman Moffatt moved that
the Petition and Waiver be re-
ceived and made a matter of rec-
ord. Seconded by Councilman ylur-
phy. Carried by the following
vote:
Yeas-Mayor Van Duehnau,
Councilmen Moffatt, Murphy
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of Lot
39 Levin's Addition property abut-
ting upon and adjacent to Vernon
Street hereby petitions the City
Council of the City of Dubuque,
Iowa, as soon as practicable, to
proceed with the construction of
an eight (8) inch vitrified file
sanitary sewer to be located in
Vernon and Edina Streets and
tributary to the existing manhole
located iu Mineral Lot No. 176
AND DOES HEREBY PETITION
SAID City to enter into a contract
for the oonstruction of said im-
provement in accordance with and
as provided by plans and specifi-
cations to be furnished and ap-
proved by said City. Said contract
to be let and entered into in the
manner provided by statute for
bids and contracts for sewer work.
In consideration of the construo-
lion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost Chereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred
on a front footage basis and that
such assessment shall be and con-
stitute alien upon the properties
of the undersigned for the actual
cost of such improvements on and
from the date of the acceptance
of this Petition by the City, and
the undersigned agrees to pay said
assessments in full, either by a
lump sum payment or in ten equal
installments as provided by law,
not withstanding any provisionsof
the Statute to the contrary. The
undersigned waives any and all
rights he has to object to the
making of said improvements and
consents to pay his proportionate
share of the actual cost as afore-
said.
The undersigned further peti•
lions said City to pay the con-
tractor for constt°ucting said im-
provements by delivery of spe-
cial assessment certificates or spe-
cial assessment bonds to the con-
tractor against the property of the
undersigned.
The undersigned further peti-
tions said City to pay the con•
tractor for constructing said im-
provements by the issuance and
sale of improvement bands in anti-
cipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Comtei] may contain recitals
that said improvements are or-
dered wiih or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned front
his obligation to pay assessments
made against his property as a-
foresaid.
M. J. ESSER
Mrs. Romanda Esser
Councilman Moffatt moved that
the Petition and Waiver be re-
ceived and made a matter of rec-
ord. Seconded by Councilman Mur-
phy. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of Lot
7 Janes Sub. property abutting up-
on and adjacent to Edina Street,
hereby petitions the City Council
of the City of Dubuque, Iowa, as
soon as practicable, to proceed
with the construction of an eight
(8j inch vitrified file sanitary
sewer to be located in Vernon and
Edina Streets and tributary to the
Mineral Lot No. 176, and does
1q4 Special Session, April Igth, 1948
hereby petition said Gity to enter
into a contract for the construc-
tion of said improvement in ac-
cordance with and as provided by
plans and specifications to be
furnished and approved by said
City. Said contract to be let and
entered into in the manner pro•
vided by statute for bids and con-
tracts for sewer work.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to pay
his proportionate share of the
actual cost thereoL including the
engineering and inspection ex•
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned In proportion
to the special benefits conferred
on a front footage basis and that
such assessment shall be and con-
stitute alien upon the properties
of the undersigned in proportion
cost of such improvements on and
from the date of the acceptance
of this Petition by the City, and
the undersigned agrees to pay said
assessments in full, either by a
lump sum payment or in ten equal
installments zs provided by law.
not withstanding any provisions of
the Statute to the contrary. The
undersigned waives any and all
rights he has to object to the
making of said improvements and
consents to pay his proportionate
share of the actual cost as afore-
said.
The undersigned further peti•
tions said City to pay the con-
tractor for constructing said im•
provements by delivery of spe
cial assessment certificates or spe-
cial assessment bonds to the con-
tractor against the property of
the undersigned.
The undersigned further peti-
tions said City to pay the con-
tractor for. constructing said im•
provements by the issuance and
sale of improvement bonds in anti-
cipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is father agreed that in ac•
cepting this petition and in or•
dering the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are or-
dered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid.
CECELIA M. GEHRIG
Councilman Moffatt moved thaC
the Petition and Waiver be re•
ceived and made a matter of rec•
ord. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of Lot
33 of Levin's Addition property
abutting upon and adjacent to Ver•
non Street hereby petitions the
City Council of the City of
Dubuque, Iowa, as soon as prac-
ticable, to proceed with the con•
struction of an eight (8) inch vi-
trified the sanitary sewer to be
located in Vernon and Edina
Streets and tributary to the ex•
fisting manhole located in Mineral
Lot No. 176, and does hereby peti-
tion said City to enter into a con-
tract for the construction of said
improvement in accordance with
and as provided by plans and
specifications to be furnished and
approved by said City. Said con-
tract to be let and entered into
in the manner provided by statute
for bids and contracts for sewer
work.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City
of Dubuque shall cause assess-
ments to be made against the
property of the undersigned in
proportion to the special benefits
conferred on a front footage basis
and that such assessment shall be
and constitute alien upon the
properties of the undersigned for
the actual cost of such improve-
ments on and from the date of
i
n
~ ii:
~'r;;
If~
a 'i
Special Session, April Igth, 1948 145
the acceptance of this Petition by
the City, and the undersigned a-
grees to pay said assessments in
full, either by a lump sum payment
or in ten Equal installments as
provided by law, not withstand-
ing any provisions of the Statute
to the contrary. The undersigned
waives any and all rights he has
to object to the making of said
improvements and consents to pay
his proportionate share of the
actual cost as aforesaid.
The undersigned further peti-
tions said Ciiy to pay the con
tractor for constructing said im-
provements by delivery of spe-
cial assessment certificates or spe-
cial assessment bonds to the con-
tractor against the property of
the undersigned.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said in;-
procements by the issuance and
sale of improvement hoods in anti-
cipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are or-
dered with or without the Peti•
tion of property owners, withaat
in any way qualifying this Petition
ar releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid.
llOROTHY C. MEYER
ARTHUR W. MEYER
Councilman Moffatt moved that
the Petition and Waiver be re-
ceived and made a matter of rec-
ord. Seconded by Councilman Mur•
phy. Carried by the following vote:
Yeas-NI a y o r Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Naps-None.
PETITION AND WAIVER
The undersigned, owner of Lots
36, 37 and 3S Levin's .Addition
Property abutting upon and adja-
cent to Vernon Street, hereby peti-
tions the City Council of the City
of Dubuque, Iowa, as soon as prac-
ticable, to proceed with the con-
struction of an eight (8) inch vi-
trified the sanitary sewer to be
located in Vernon and Edina
Streets and tributary to the ex-
isting manhole located in Mineral
Lot No. 176, and does hereby peti-
tion said City to enter into a cou•
tract for the construction of said
improvement in accordance with
and as provided by plans and
specifications to be furnished and
approved by said City. Said con-
tract to be let and entered into
in the manner provided by statute
for bids and contracts for sewer
work.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessments
to be made against the property oP
Che undersigned in proportion to
the special benefits conferred on
a front footage basis and ibat such
assessment shall be and constitute
a lien upon the properties of the
undersigned for the actual cost oP
such improvements an and from
the date of the acceptance of this
Petition by the City, and tire un-
dersigned agrees to pay said
assessments in full, either by a
lump sum payment or in ten equal
installments as provided by law,
not withstanding any provisions
of the Statute to the contrary.
The undersigned waives any and
all rights he has to object to the
making of said improvements and
consents to pay his proportionate
share of the actual cost as afore-
said.
The undersigned further peti-
tions said City to pay the contrac•
for for constructing said improve-
ments by delivery of special assess-
ment certificates or special assess-
ment bonds to the contractor a-
gainst the property of the under-
signed.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by the issuance and
sale of improvement bonds in anti-
cipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
. , .-...
a .i
146 Special Session, April Igth, 1948 Special Session, April lgth, i94g 147
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are or-
dered with or without the Petition
of property owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his
obligation to pay assesanrents
made against his property as
aforesaid.
HAROLD PAPE
Councilman Moffatt moved that
the Petition and Waiver be re•
ceived and made a matter of reo-
ord. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of Lots
31 and 32 of Levin's Addition
property abutting upmr and adja-
cent to Vernon Street, hereby peti-
tions the City Council of the City of
Dubuque, Iowa, as soon as practica-
ble, to proceed with the construc-
tion of an eight (8) inch vitrified
the sanitary sewer in Vernon and
Edina Streets and tributary to the
existing manhole located in Miner
zl Lot No. 176, and does hereby
petition said City to enter into a
contract for the construction of
said improvement in accordance
with and as provided by plans and
specificatons to be furnished and
zpproved by said City, Said con-
tract to be let and entered into in
the manner provided by statute Yor
bids and contracts for sewer work.
In consideration of the construc-
tion of the improvement as afore-
said,the undersigned agrees to pay
his proportionate share of the
engineering and inspection expense
to the City and the expense of
actual cost thereof, including the
making the assessment schedule.
It is agreed that the City of Dubu-
que shall cause assessments to be
made against the property of the
undersigned in proportion to the
special benefits conferred on a
front footage basis and that such
assessment shall be and constitute
a lien upon the properties of the
undersigned for the actual cost of
such improvements on and from
the date of the acceptance of this
Petition by the City, and the un-
dersigned agrees to pay said assess-
ments in full, either by a lump sum
payment or in ten equal install-
ments as provided by law, not
withstanding any provisions of the
Statute to the contrary. The under-
signed waives any and all rights he
has to object to the making of said
improvements and consents to pay
his proportionate share of tb~
actual cost as aforesaid.
The undersigned further pet.
tions said City to pay the contrac-
tor for constructing said improve-
ments by delivery of special assess-
ment certificates or special assess-
ment bonds to the contractor a-
gainst the property of the under-
signed.
The undersigned further peti-
tions said City to pay the contract-
or for constructing said improve-
ments by the issuance and sale of
improvement bonds in anticipation
of deferred payments of assess-
ments when a conU'act has been
performed and accepted by said
city.
It is farther arced that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are order-
ed with or without the Petition of
property owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his ob-
ligation to pay assessments made
against his property as aforesaid.
WARREN M. POTTS
Councilman Moffatt moved that
the Petition and Waiver be received
and made a matter of record. Sec-
onded by Council Murphy. Carried
by the following vote:
Yeas-Mayor pan Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of Lot
49 Levin's Addition property abut-
ting upon and adjacent to Edina
Street, hereby petitions the City
Council of the City of Dubuque,
Iowa, as soon as practicable, to
proceed with the construction o:
an eight (8) inch vitrified the sari
tary sewer to be located in Yernou
and Edina Streets and tributary to
the existing manhole located in
Mineral Lot No. 176, and does here-
by petition said City to enter
into a contract for the construction
of said improvement in accordance
with and as provided by plans and
specifications to be furnished and
approved by said CitY~ Said con-
tract to be let and entered into in
the manner provided by statute for
bids and contracts for sewer work.
In consideration of the construc-
tion of the improvement as afore-
said,the undersigned agrees to pay
his proportionate share of the
actual cost thereof, including the
engineering and inspection expense
to the City and the expense of
making the assessment schedule.
It is agreed that the City of
Dubuque shall cause assessments
to be made against the property of
the undersigned in proportion tc
Che special benefits conferred on a
front footage basis and that such
assessment shall be and constitute
a lien upon the properties of the
undersigned for the actual cost of
such improvements on and from
the date of the acceptance of this
Petition by the City, and the under-
signed agrees to pay said assess-
ments in full, either by a lump sum
payment or in ten equal install-
ments as provided by law, not
withstanding any provisions of the
Statute to the contrary. The under-
signed waives any and all rights he
has to object to the making of said
improvements and consents to paY
his proportionate share of the
actual cost as aforesaid.
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are order-
ed with or without the Petition of
property owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his
obligation to pay assesments made
against his property as aforesaid.
Elmer Vorwald
Monica Vorwald
Councilman Moffatt moved that
the Petition and Waiver be receiv-
ed and made a matter of record.
Seconded by Councilman Murphy.
Carried by the fallowing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
PETITION AND WAIVER
The undersigned, owner of Lots
47 and 4S, Levin's Addition property
butting upon and adjacent to Edina
Street hereby petitions the City
Council of the City of Dubuque,
Iowa, as soon as practicable, to
proceed with the construction of an
Eight (8) inch Vitrified Tile Sani-
tary Sewer to be located in Vernon
and Edina Streets and tributary
to the existing manhole located in
Mineral Lot No. 176, and does here-
by petition said City to enter into
a contract for the construction of
said improvement in accordance
with and as provided by plans and
specifications to be furnished and
approved by said City. Said contract
to be let and entered into in the
manner provided by statute for
bids and contracts for sewer work.
In consideration of the construc-
tion of the improvement as afore-
said,the undersigned agrees to pay
his proportionate share of the
actual cost thereof, including the
engineering and inspection expense
to the City and the expense of mak-
ing the assessment schedule. It is
agreed that the City of Dubuque
shall cause assessments to be made
against the property of the under-
signed in proportion to the special
benefits conferred on a front foot-
age basis and that such assessment
shall be and constitute a lien upon
the properties of the undersigned
for the actual cost of such im-
provements on and from the date
of the acceptance of this Petition
by the City, and the undersigned a-
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by delivery of spe-
cial assessment certificates or spe-
cial assessment bonds to the con-
tractor against the property of the
undersigned.
The undersigned further peti-
tions said City to pay the contrao-
for for constructing said improve-
ments by the issuance and sale
of improvement bonds in anticipa-
tion of deferred payments of assess-
ments when a contract has been
performed and accepted by said
city.
It is farther agreed that in ac-
ceptfng~ this petition and in order
148 Special Session, April lath, Igg8
grees to pay said assessments in
full, either by a lump sum payment
or in ten equal installments as
provided by law, not withstanding
any provisions of the Statute to
the contrary. The undersigned
waives any and all rights he has to
object to the making of said im•
provements and consents to pay
his proportionate share of the act-
ual cost as aforesaid.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contrac-
tor against the property of the un-
dersigned.
The undersigned further peti-
tions said City to pay the contrac-
tor for constructing said inrprave-
menu by the issuance and sale of
improvement bonds in anticipation
of deferred payments of assess-
ments when a contract has been
performed and accepted by said
City,
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are ordered
with or without the Petition of
property owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his
obligation to pay assessments
made against his property as a•
foresail.
AL T. SCHUSTER
Councilman Moffatt moved that
the Petition and Waiver be re-
ceived and made a matter of rec-
ord. Seconded by Councilman Mur•
phy. Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon objec-
tions to plans, specifications, form
of contract and cost of improve-
ments.)
RESOLUTION N0. 82 - 48
WHEREAS, proposed
plans and specifications and form
of contract for the construc•
tion of an eight (8) inch
vitrified the sanitary sewer for Ver-
non and Edina Streets beginning at
the existing manhole located in
mineral lot No. 176 and running
southerly across mineral lot No.
176 and lot No. 72 of Voelker High-
lands to the center of Edina Street,
(M. H. No. 1), thence southerly
across lots 1 and 2 of lot 73 of
Voelker Highlands and lot 1 of
Mount Pleasant addition to the
center of Vernon Street, thence
north easterly along the center-
line of Vernon Street to a point
225 feet west of the west property
line of Alta Vista Street;
also from manhole N o. 1
of Edina Street to a point 225 feet
west of the west property line of
Alta Vista Street, have been ap-
proved by the City Council of the
City of Dubuque and public notice
given as provided by the Code of
Iowa, 1946, pertaining to public
conk-acts and bonds, and the time
and place fixed for the hearing of
all objections to said plans, speci-
fications or contract for or cost of
such improvements, said time be•
ing this 13th day of October, 1947;
and
WHEREAS, the City Council met
in Special cession this 19th day of
April, 1948, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose
of hearing all interested
parties and considering any and all
objections which have been filed
to the proposed plans, specifica-
tions or contract for or cast of
the improvement herein described
and proposed to be made; and
WHEREAS, all interested part-
ies have been given an opportunity
to be heard and all objections
rahich have been filed have been
duly weighed and considered;
now, therefore.
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, spec-
ifications,. contract for o r
cost of said improvement herein de-
scribed and proposed to be made, be
and the same are hereby over-
ruled and such plans, specifications
and form of contract heretofore
approved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed to
j
i`6
~.
I~,""
Special Sesion, April Iyth, 1948 tog
~ plans, specifications and form
of contract for or cost of said im-
provement be made a matter of
permanent record in connection
with said improvement.
Passed, adopted and approved
this 19th day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY -
ALBERT WHARTON
W, W. MOFFATT
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas-Mayor Van Duelman
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
the centerline of Vernon Street to
a point 225 feet west of the west
property line of Alta Vista Street;
also from manhole No. 1 north-
easterly along the centerline of
Edina Street to a point 225 feet
west of the west property line of
Alta Vista Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
and are now on file with the City
(Necessity far improvement.) which have been prepared therefor
RE50LUTION N0. 13547 by the City Engineer which have
WHEREAS, proposed plans, been approved by the City Council
specifications, form of contract, plat Clerk. That the cost and expense
and schedule have been duly pre- of making said improvement will
pared and approved by the City be assessed upon and against all
Council of the City of Dubuque and privately awned property lying
are now on file in the office of the within assessable distance provid-
City Clerk showing among other ed by lour and in an amount not
things the following: to exceed the amount provided by
1. The boundaries of the dis- law, Property will be assessed
trict, if any. whether the same abuts thereon
2. The size and kind of sewers. o r i s adjacent t h e re t o
3. Each lot proposed to be according to area and i n
assessed together with a valuation proportion to the special benefits
fixed by the Council. conferred thereby, and any defi-
4. An estimate of the cost of the ciency shall be paid out of the
proposed improvement, stating the general fund, or sewer funds, or
same for each different type oP
construction and kind of material Partly out of each of such funds.
to be used. Bonds shall be issued and sold in
5. In each case the amount there• ~ anticipation of deferred payments
of which is estimated to be assess- of assessments when a contract
ed against each lot, for the con• has been performed and accepted
struction of an eight (8) inch vit- and the proceeds thereof used to
rified ti(e sanitary sewer for Ver• pay the contractor. The railway
non and Edina Streets beginning portion of any street or assessment
at the existing manhole located in district shall be assessed to and
mineral lot No. 176 and running
southerly across mineral lot No. Paid by the railway company.
176 and iot No. 72 of Voelker The above resolution was intro-
Highlar.ds to the center
of Edina Street. (M. H. No, duced, approved and ordered placed
1), thence southerly across lots 1 on file with the City Clerk this 22nd
and 2 oP lot 73 of Voelker Highlands day of September, 1947.
and lot 1 of Mount Pleasant ad- The foregoing resolution was
dition to the center of Vernon
Street, thence north easterly along ,finally passed and adopted, as pro-
15Q Special Session, April lath, 194
posed, by the City Council this
19t1t day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec•
onded by Councilman Thompson.
Carried by the following vote'
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 83 - 48
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
THE CITY OF DUBUQUE that pur-
suant to a resolution of necessity
No. 155-47 which was duly passed
by this Council, for the construc-
tion of an eight (8) inch vitrified
the sanitary sewer for Vernon and
Edina Streets beginning at the ex-
isting manhole located in mineral
lot No. 176 and running southerly
across mineral lot No. 176 and lot
No. 72 of Voelker Highlands to the
center of Edina Street, (M. H. No.
1), thence southerly across lots
1 and 2 of lot 73 of Voelker High-
lands and lot 1 of Mount Pleasant
addition to the center of Vernon
Street, thence north easterly along
the centerline of Vernon Street to
a point 225 feet west of the west
property line of Alta Vista Street;
also front manhole No. 1 north-
easterly along the centerline of
Edina Street to a point 225 feet
west of the west property line of
Alta Vista Street, be and the same
are hereby ordered and constructed
by this Council upon its own mo-
tion and with or without the peti-
tion of property owners. All the
work shall be constructed in ac-
cordance with the plans and speci-
fications heretofore adopted and
now on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid far by
levying special assessments against
the privately owned property lying
within the assessable distance
from the improvement, whether
such property abut upon the same
or are adjacent thereto, according
to the area thereof and in propor-
tion to the special benefits con•
ferred, and any deficiency will be
paid out of the general, improve-
ment, or sewer funds of the city,
or partly from each of such funds.
Payment will be made to the con-
tractor out of funds realized from
the sale of bonds to be issued in
anticipation of deferred payments
of assessments as provided by law
after the work has been completed
and accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 30 calendar days from
date of contract.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent 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 19th day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W, W. MOFFATT
' Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved the
adoption o f the Resolution.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 84-48
Whereas, Ordinance No. 10-48,
regulating the Dubuque Municipal
Airport provides that the City
Council shall promulgate rules and
regulations far the maintenance
and operation of the Municipal Air-
port: -
Now, Therefore,
Special Session, April Igth, 1848 151
Be it Resolved by the CITY Coun-
cil of the City of Dubuque:
That the following be and they
are the rules and regulations far
the operation and maintenance of
the Dubuque Municipal Airport as
follows, to-wit:
1.
RULES AND REGULATIONS,
1, The Dubuque Municipal Air•
port shall be open to render ser•
vice twenty-four (24) hours a day.
2. The LAWS of the UNITED
STATES and the STATE of IOWA,
all ORDINANCES, RULES and
REGULATIONS of the CITY
COUNCIL, now in force and effect
or hereinafter enacted, shall be in
force upon this airport.
3. Airport lighting shall be ac-
complished in accordance with the
requirements of the Civil Aeronau-
tics Administration of the Unite)
States Department of Commerce
for night operations.
4. Obstacle lights on buildings
and such other illumination as may
be required by the CAA shall be
installed a,nd maintained by the
building owner at his own expense.
5. Any portion of the landing
area temporarily unsafe for landing,
or which is not available for ANY
CAUSE, shall be clearly marked
in an approved manner and notice
given to all concerned, in Field
Notices to Airmen, and CAA.
6. Each operator will provide his
facility with and keep convenient-
ly accessable at all times, a First
Aid Kit containing at least 12
assorted bandages, 12 sterile dress-
ings, 2 tourniquets, a supply of first
aid dressings for burns, adhesive
tape, a supply of tincture of iodine
or mercurochrome, aromatic spirits
of ammonia and either a glass cup
or a supply of paper cups,
7. In case of accident on the
Field, flying activities will be tem-
porarily suspended until the wreck-
age is cleared. Only authorized per-
sonel shall be permitted to assist
at the scene of the accident.
8. The aircraft owner, his pilot
or agent shall be responsible for
the prompt removal and disposal of
wrecked aircraft and the parts
thereof, to avoid all interference
with the field operations, unless
directed to delay such action pend-
ing investigation of the accident.
9. Witnesses of and participants
in any accident on or near the
airport shall be requested to re-
port to the administration office
as soon as possible for the purpose
of leaving their names and address-
es and accomplishing such reports
as may be required.
10. All repairs to aircraft or air-
craft engines shall be accomplished
in the area designated for that pur-
pose by the airport manager.
11. No person shall be permitted
to erect a sign on the civil air•
port premises without first having
secured the written permission of
the airport manager.
12. No fee wilt be charged for
the operation of private planes on
or off the airport operated exclu-
sively by their owner. Owner will
secm'e permit.
13. Any person conducting a fly-
ing school ar giving instruction in
aviation at the airport or any per-
son operating an aircraft for sight-
seeing, charter or any other com-
mercial use other than regularly
schedules Airlines services, from
the airport shall first obtain an air-
port flying permit, issued by the
port manager which may lte recind-
ed by the City Council upon the
recommendation of the Airport
manager on twenty-four (24) hours
notice for Yailure of the operator
of the aircraft to strictly adhere to
the Civil Air Regulations as promul-
gated by the Civil Aeronautics Ad•
ministration or for violation of any
City Ordinance or Resolution pro-
viding rules and regulations for the
operation of the Municipal Airport
or for violation of field orders or
instructions issued from time to
time by the airport manager. Upon
cancellation by the City Council
of any flying permit because of
failure to comply with any rules or
regulations or field orders as above
set forth holder of such permit
shall not be entitled to a refund
or any part of an operators license
fee previously paid.
14. Any person operating a com•
mercial establishment for the re•
pair, servicing, or housing of air-
craft upon the airport must first
obtain a permit from the airport
manager which shall be granted
only after said person or corpora-
tion ]tas made satisfactory arrange-
15z Special Session, April 19th, 1948
ments for the leasing of facilities
on the airport for such repair, ser-
vicing or housing with the City
Council.
16. No housing, hangers or other
structures shall be built upon the
airport by any private or commer-
cial operator without first obtain-
ing the approval of the Gity Coun-
cil.
16. Anv person, firm or corpora-
tion conducting a flying school or
giving instruction in aviation at
the airport or operating for sight-
seeing, charter or any other com-
mercial use From the airport shall
before a permit is issued by the
airport manager, purchase Liability
and Property damage insurance
from a Company approved by the
City Council in the following
amounts:
$1Q000 property damage
per plane.
$20,000 public liability in-
surance.
Failure to keep the above in-
surance in full force and effect
shad be sufficient cause for can-
cellation of permit to operate on or
off the airport. All policies to be
filed with the City Clerk.
17. The City of Dubuque, Iowa,
shall permit the sale of gasoline
and oil upon the Airport. The City
of Dubuque, Iowa, shall however
receive two cents per gallon on
all Gasoline and ten cents per gal-
lon on all Oil delivered to the air-
port.
18. There shall be no limitation
on the number of commercial opera-
tors leasing facilities at the
Dubuque Municipal Airport, who
shall pay the required fees and
comply with the rules, regulations,
policies and field orders promul-
gated for the operation and con-
trol of the Municipal Airport.
19. No aircraft shall be permitted
to tie down on the field at Dubuque
Municipal Airport as long as hanger
space is available.
II.
Air Traffic Rules
1. The Air Traffic Pattern at the
Dubuque Municipal Airport shall be
observed and the direction of traf-
fic in the pattern shall be to the
LEFT, in accordance with the cur-
rent traffic pattern on file in the
Airport managers office.
2. Aircraft approaching the air•
port to land will enter the pattern
at a 45 degree angle, at 800 it.
altitude on the downwind leg and
continue in the pattern to a posi-
tion where a landing may be ac-
complsihed by use of the 1000 ft.
approach. Aircraft shall leave the
pattern after the first turn at a
45 degree angle.
3. Pilots will make use of this
pattern to make sure that the run-
way in use is CLEAR for landing.
A horizontal movement of the
wings given as a signal, on the Base
leg, will indicate a desire for land-
ing clearance, when Light Gun is
in use.
4. Right of Way.
a. An aircraft in distress shall
have right of way in attempting
to land.
b. Whenever it is possible to do
so, all Local traffic shall give way
to the transport planes of the vari-
ousairlines on schedule at the port,
and other large itinerant aircraft.
Due care and diligence shall be ex•
excised, however, and the pilots of
all aircraft will be on the alert,
ever mindful of the Safety factor.
c. Aircraft white landing or
maneuvering to land, have the right
of way over other craft in flight
or on the ground.
d. So far as is practicable, any
aircraft landing shall keep on its
LEFT any plane already landed or
ready to take-off.
e. All aircraft at the end of
their landing roll shall make a
LEFT hand clearing turn, except in
the case of touch and go landings.
5. Aircraft shall not takeoff over
hangars, buildings, obstructions,
auto parking areas or groups of
spectators, unless strictly una-
voidable.
All take-offs will be cleared by
the Light Gun when in use, ou
visual signal by pilot (movement
of ailerons or elevators) otherwise
pilots will use due care and dili-
gence in the observation of incom-
ing traffic before the take-off is
started.
6. Method of Taxiing.
All taxiing shall be done with
the utmost caution and shall con-
form to the rule of Sing so that
the pilot will be assured that there
is no danger of collision or inter-
ference with other craft taking-off,
~;
f I
i t
Special Session, April 19th, 1948 153
landing or taxiing. All aircraft
shall be taxied at a slow and rea•
sonable speed, particularly in the
vicinity of hangars and other build-
ings and shall be brought to a full
' stop when in the vicinity of land-
ing aircraft.
Uness provided with adequate
brakes, an attendant shall be at
each wing when near passengers,
fences, other aircraft, buildings or
equipment.
No airplane shall be taxied in
or out of any hangar.
7. Direction of take-off will be
governed by wind Tee, wind cone
or as otherwise directed.
8. No person shall take any air•
craft from the hangars or from
the landing area or operate the
satne while under the influence of,
or using or having personal posses-
sion of, intoxicating liquor or drugs
of any kind.
9. Except in the case of schedule
operators, the Airport Manager
shall have the authority to suspend
civilian flying operations on or
from the airport or any pzrt there-
when, iu his opinion, the condition
of the landing area and-or local
meteorological conditions might
make such operations unsafe.
Daytime operation of the revoly-
ing beacon on the airport denotes
instrument conditions. Rules gov-
erning instrument flight will pre-
vail.
10. Aircraft shall be started and
runup only in the area designated
for such purpose by the airport au•
thorities. At no time shall engines
be started or run-up in such a posi-
tion that hangars, shops or other
buildings or other aircraft in close
proximity, or any group of people
in an observation area, shall be
in the path of the propeller stream.
III.
INSTRUCTIONAL FLYING
and TEST FLIGHTS.
1. All persons instructing student
pilots in flying on the airport shalt
folly acquaint such students with
the rules and regulations in effect
on the airport and shall be respon-
sible for the conduct of their
students while under their instruc-
tions.
2. The personnel engaging in
test flights shall be limited in each
case to the number necessary to
perform the required test. At no
time shall passengers be carried on
such flights as ballast.
3. Acrobatic flying and instruc-
tion in acrobatic flying shall not be
performed at an altitude of less
than 3000 ft. when within three
miles of the center of the airport.
All acrobatic flying both dual and
solo will be accomplished only in
the areas designated for such pur-
pose by the Airport Manager.
IV
PARKING AND MOORING
AREAS,
All unhoused aircraft shall be
parked in the space designated for
this purpose and shall be firmly
secured to the ground by the use
of stakes and ropes or otherwise,
when left unattended or during
weather conditions which indicate
the necessity therefore. Owners of
such aircraft shall be held respon•
sible for any damage resulting from
failure to comply with this rule.
V.
FIRE REGULATIONS.
1. All persons using in any way
the airport area or the facilities
of the airport shall exercise the ut-
most care to guard against fire and
injury to persons or property.
2. No person shall smoke in any
hangar, repair shop or dope shop
on the airport.
3. No person shall cause any air•
craft to be fueled or drained while
the motor is running, or while in
a hangar or other enclosed space.
Fueling shall be thru a metal lined
hose with continuous metallic con-
tact established between the dis-
charge nozzle, metal lining of the
]rose, and main Yuel tank or ground
lines, and in the case of fuel
trucks, between the main fuel
tank or feel lines and the Ground.
Metallic contact shall be estab-
lished between the discharge noa-
zle and the airplane fuel took be-
fore filling is started and main-
tai;.ed thruont the entire Yueling
operation.
4. All empty oil, paint and varnish
cans, bottles, boxes, crates or other
containers, rubbish, paper or litter
of any kind shall not be permitted
to be stored in or about hangars,
shops or buildings but shall be dis-
posed of as soon as possible.
f
154 Special Session, April 1gth, 1948
5. All buildings on the airport
shall be equipped with first•aid
fire appliances and owners of such
buildings shall be responsible there-
fore.
Passed, adopted and approved
this 19th day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R: MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councihuen.
Attest: J. J. SHEA.
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec•
onded by Councilman Wharton. Car-
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of Edith Noonan
and Henrietta Blades, Committee,
extending a cordial invitation to
the Mayor and Members of the
City Council to attend a recep•
tion and program for the Spanish
War Veterans to be held Sunday,
April 26 at 8 P. M, in Eagles Hall,
presented and read, Councilman
Wharton moved that the invitation
be accepted. Seconded by Council•
man Thompson. Carried by the
following vote:
Yeas-Mayor Van Duelman,
Councilmen, Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Murphy moved that
Mayor, City Manager and
City Solicitor be instructed to nego•
tiate for the purchase of City Lots
206, 207, and 208 for parking lot
purposes and that they submit a
report back to the City Council.
Seconded by Councilman Thomp•
son. Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
There being no further business
Councilman Wharton moved to ad•
journ. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
J. J. SHEA
City Clerk.
Approved ............................., 194E.
Adopted ............................... 1948.
i,~,
', t,
Special Session, April zznd, 1948 15S
City Council
i
(OFFICIAL)
' Special Session, April 22nd, 1948.
Council met at 8:00 P.M.
R' present -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton. City Manager
y, Rhomberg.
Meeting called by order of Coun-
oilmen Murphy and Thompson.
Mayor Van Duelman read the
call and stated that service thereof
had been duly made and that this
meeting is called for the purpose
of discussing the development of
the New Municipal Airport and act-
ing on any other business as may
properly come before a regular
meeting of the City Council.
RESOLUTION N0. 85-48.....
Resolution authorizing the Exe-
cution of a Sponsor's Assurance
Agreement Relating to the Devel-
opment of the Dubuque Municipal
Airport.
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa
Section 1. That the City of
Dubuque, Iowa, shall enter into a
Sponsor's Assurance Agreement for
the purpose of obtaining Federal
aid in the development of the
Dubuque Municipal Airport and
that such Agreement shall be as
set forth herein below:
Section 2. That the Mayor is here-
by authorized and directed to exe•
cute said Sponsor's Assurance A-
greement in sextuplicate on behalf
of the City of Dubuque, and the
Clerk is hereby authorized and dir•
ected to impress thereon the offi-
cial seal oP the City of Dubuque
and to attest said execution.
Section 3. That the Sponsor's
Assurance Agreement referred to
herein above shall be as follows;
PROJECT APPLICATION
PART 1
PROJECT INFORMATION
The City of Dubuque, Iowa,
(herein called the "Sponsor") here-
by makes application to the Ad-
ministrator of Civil Aeronautics
(herein called the "Administrator"!
for a grant of Federal funds pur-
suant to the Federal Airport Act
of 1946 and the Regulations issued
thereunder, for the purpose of aid•
ing in financing a project (herein
called the "Project") for develop-
ment of the Dubuque Municipal
Airport (herein called the "Air•
port") located at latitude 42°31'30",
longtitude 90°39'15" in Dubuque
County of the State of Iowa.
It is proposed that the Project
consist of the following described
airport development:
Construct administration build-
ing, water supply and sewage
disposal systems,
all as more particularly described in
the survey map attached hereto as
Exhibit "A" and the plans and
specifications (attached hereto as
Exhibit "B") which are made a
part hereof.
The following is a summary of the
extimated costs of the Project:
156 Special Session, April land, 1948
Estimated Spon• Estimate
Total sor's Share of Federal
Estimated Cost Share of
Cost Amount % Amount %
1. LAND COSTS (In•
eluding costs of ae•
quiring land and
administrative costs o.oo
incident thereto.)
2. CONSTRUCTION
COSTS:
a. Cost of prep-
aration of Site 0.00
b. Cost of Paving
Runways, Taxiways
and Aprons 0.00
c. Lighting Costs 0.00
d. Building Costs $46,535.00
e. Other Miscel-
laneous Construction
Costa $1Q000
Total Construction
COSTS $56,536.
3. ENGINEERING
AND SUPERVISION
COSTS $5,000.00
4. ADMINISTRATIVE
COSTS $682.00
5. Total of 2,3,and 4
~~above $62,218. $31,109 50% $31,109 50 %
6. CONTINGENCIES $5,682.00 $ 2,841 50% $ 2,841 50%
7. TOTAL ALL
PROJECT COSTS $67,900.00 $33,950 $33,950
PART If
REPRESENTATIONS
In order to induce the United
States to enter into a Grant Agree-
ment with respect to the Project,
the Sponsor hereby represents and
certifies as follows:
1 -LEGAL AUTHORITY
The Sponsor has the legal power
and authority: (1) to do all things
necessary in order to undertake and
carry out the Project in confortnity
with the Acts and the Regulations:
(2) to accept, receive, and disburse
grants of funds from the United
States in aid of the Project, on
the terms anal conditions stated in
the Act and the Regulations; and
(3) .to carry out all of the pro•
visions of Parts III and IV of this
Project Application.
2 -FUNDS
The Sponsor now has on deposit,
is in a position to secure, $4Q000.00
for use in defraying the costs of
the Project. The present statua of
these funds is as follows:
3 -LAND
The Sponsor holds the following
property interests in the following
tracts of land which are to be de•
veloped or used as part of or in con-
nection with the Airport, all of
which lands are identified on the
survey map which is attached here-
to as Exhibit "A": Fee simple
title to Tract No. 1.
4 -APPROVALS OF OTHER
AGENCIES
The Project has been approved
by all non-Federal agencies whose
approval is required, namely:
Iowa Aeronautics Commission, ap-
proved site, plans and specifications
Iowa Department of Health, ap•
proved plans and specifications.
5 -DEFAULTS
The Sponsor is not in default
on any obligation to the United
Special Session, April nand, 1948 157
States or any agency of the United
Statea Government relative to the
development, operation, or mainte-
nance of any .airport, except as
stated herewith: None.
6 -POSSIBLE DISABILITIES
There are no facts or circum-
stances (including the existence of
effective or proposed leases, use
agreements, or other legal instru-
ments affecting use of the Airport
or the existence of pending litiga•
lion or other legal proceedings)
which ('a) are known or by due
diligence might be known; (b) in
reasonable probability might make
ft impossible for the Sponsor to
carry out and complete the Pro-
ject or carry out the provisions of
Parts II and IV of the Project Ap-
plication, either by limiting its
legal or financial ability or other-
wise; and (c) have not been
brought to the attention of an
authorized representative of the
Administrator.
7 -FUTURE DEVELOPMENT
The Sponsor intends ultimately to
develop the Airport as proposed in
the current Master Plan Layout for
the Airport, which plan has been
mutually agreed upon by the Spon•
sor and the Administrator; and in•
tends to proceed with such further
development when it is necessary
and feasible. The Sponsor further
represents that pending such fur•
ther development and to the extent
of its ability to do so, it intends
to acquire the lands and interests
therein necessary far such de-
velopment or to take such other
action as will protect such pro-
posed lands or interests from any
development thereof inconsistent
with the intended airport use.
PART III
SPONSOR'S ASSURANCES
In order to furnish the Adminis-
trator the Sponsor's assurances re-
quired by the Act and the Regula•
lions, the Sponsor hereby cove-
nants and agrees with the United
States, as follows:
1. These covenants shall became
effective upon acceptance by the
Sponsor of an offer of Federal aid
for the Project or any portion there-
of, made by the Administrator, and
shall constitute a part of the Grant
Agreement thus formed. These
covenants shall remain in full
force and effect throughout the
useful life of the facilities devel•
oped under the Project but in any
event not to exceed twenty years
from the date of said acceptance of
an offer of Federal aid for the
project.
2. The Sponsor will operate the
Airport as such for the use and
benefit of the public. In further-
ance of this covenant (but without
limiting its general applicability
and effect), the Sponsor specifical-
ly agrees that it will keep the Air-
port open to all types, kinds and
classes of aeronautical use without
discrimination between such types;
kinds and classes: PROVIDED,
That the Sponsor may estab•
lish such fair, equal and non•
discriminatory conditions to be met
by all users of the Airport as may
be necessary for the safe and ef~
ficient operation of the Airport;
AND PROVIDED FURTHER, That
the Sponsor may prohibit any given
type, kind or class of aeronautical
use of the Airport if such action
will hest serve the aeronautical
needs of the area served by the
Airport.
3. The Sponsor will not exercise,
grant or permit any exclusive right
fot•the use of the Airport forbidden
by Section 303 of the Civil Aero-
nautics Act of 1938, as amended.
In furtherance of this covenant
(but without limiting its general ap•
plicability and effect), the Sponsor
specifically agrees that it will not
either directly or indirectly exer•
cise, or grant to any person, firm
or corporation, or permit any per-
son, firm, or corporation to exercise
any exclusive right for the use of
the airport for commercial flight
operations, including air carrier
transportation, rental of aircraft,
conduct of charter flights, opera-
tion of flight schools or the carry-
ing on of any other service or
operation requirigg the use of air
craft.
4. The Sponsor agrees that it
will operate the Airport for the use
and benefit of the public, on fair
and reasoitab]e terms and without
unjust discrimination. In further-
ance of this covnant (but without
limiting its general applicability
and effect), the Sponsor specifi-
cally covenants and agrees:
~'
p~
158 Special Session, April nand, 1948
(a) That in any agreement, con-
tract, lease or other arrangement
under which a right or privilege at
the Airport is granted to any per-
son, firm, or corporation to render
any service or furnish any parts,
materials or supplies (including the
sale thereof) essential to the opera-
tion of aircraft at the Airport, the
Sponsor will insert and enforce
provisions requiring the contractor:
(1) To furnish good, prompt and
efficient service adequate to meet
all the demands for its service at
the Airport.
(2) to furnish said service on a
fair, equal and non-discriminatory
basis to all users thereof, and
(3) to charge fair, reasonable
and non-discriminatory prices for
each unit of sale or service; Pro-
vided, That the contractor may be
allowed to make reasonable and
non-discriminatory discounts, re-
bates or other similar types of
price reductions to volume pur•
chasers.
(b) That it will not exercise
or grant any right or privilege
which would operate to prevent
any person, firm, or corporation
operating aircraft on the Airport
from:
(1) Performing any services on
its own aircraft with its own em-
ployees (including, but not limited
to, maintenance and repair) that
it may choose to perform.
(2) Purchasing off the Airport
and having delivered on the Air•
part without entrance fee, delivery
fee or other surcharge Yor delivery
any parts, materials or supplies
necessary for the servicing, repair
or operation of its aircraft; Pro-
vided, That the Sponsor may make
reasonable charges for the cost of
any service (including charges far
maintenance, operation and depre•
ciation of facilities and rights-of•
way) furnished by the Sponsor in
connection with the delivery of
any parts, materials or supplies,
And Provided Further, That in the
case of aviation gasoline and oft
purchased off the Airport and de-
livered to the Airport, the Sponsor
may require the aviation gasoline
and oil to be stored in specified
places, limiting the amount de-
livered to the amount of storage
space available, and if necessary
for the safe and efficient operation
of the Airport, require persons
furnishing their own aviation gaso-
line and oil to utilize such storage,
dispensing and delivery system as
the Sponsor may designate.
(c) That if it exercises any o£
the rights or privileges set forth
in subsection (a) of this para-
graph it will be bound by and
adhere to the conditions specified
for contractors set forth in said
subsection (a).
6. Nothing contained herein shall
be construed to prohibit the grant-
ing or exercise of an exclusive right
for the furnishing of non-aviation
products and supplies or any ser-
vice of anon-aeronautical nature.
6. The Sponsor will suitably oper-
ate and maintain the Airport and
all facilities thereon or connected
therewith which are necessary for
airport purposes other than facili-
ties owned or controlled by the
United States, and will not permit
any activity thereon which would
interfere with its use for aeronau-
tical purposes: PROVIDED, That
nothing contained herein shall be
construed to require that the Air•
port be operated and maintained
for aeronautical uses during tem-
porary periods when snow, flood,
or other climatic conditions inter-
fere substantially with such opera-
tion and maintenance. Essential
facilities, including night lighting
systems, when installed, will be
operated in such a manner as to
assure their availability to all users
of the Airport.
7. To the extent of its financial
ability, the Sponsor will replace
and repair all buildings, structures,
and facilities developed under the
Project which are destroyed or dam•
aged, replacing or restoring them
to a condition comparable to that
preceding the destruction or dam-
age, if such buildings, structures,
and facilities are determined by
the Administrator to be necessary
for the normal operation of the
Airport.
8. Insofar as is within its power
and reasonably possible, the Spon-
sor will prevent the use of any land
either within or outside the bound-
aries of the Airport in any manner
(including the construction, erec-
Special Session, April nand, 1948 159
tion, alteration, or growth of any
structure or other object thereon)
which would create a hazard to
the landing, taking•off or maneu-
vering of aircraft at the Airport,
or otherwise limit the usefulness
of the Airport. This objective will
be accomplished either by the a-
doption and enforcement of a zon•
ing ordinance and regulations or
by the acquisition of easements or
other interests in lands or air-
space, or by both such methods.
With respect to land outside the
boundaries of the airport, the Spon-
sor will also remove or cause to
be removed any growth, structure,
or other object thereon which would
be a hazard to the landing, taking~
off, or maneuvering of aircraft at
the Airport, or if such removal is
not feasible, will mark or light
such growth, structure, or other ob-
ject as an airport obstruction oc•
cause it to be so marked or lighted.
The airport approach standards to
be followed in performing the cove-
nants contained in this paragraph
shall be these established by the
Administrator in Office of Airports
Drawing No. 672 dated September
1, 1946, unless otherwise authorized
by the Administrator.
9. All facilities of the Airport
developed with Federal aid and all
those usable for the landing and
taking-off of aircraft will be avail-
able for the United States at all
times, without charge, Yor use by
military and naval aircraft in com•
mon with other aircraft, except
that if the use by military and
naval aircraft is substantial, a rea-
sonable share, proportional to ouch
use, of the coat of operating and
maintaining facilities so used, may
be charged. The amount of use
to be considered "substantial" and
the charges to be made therefor
shall be determined by the Spon-
sor and the using agency.
10. The Sponsor will furnish to an
civil agency of the United States,
without charge (except 1 i g h t,
heat, janitor service, and similar
facilities and services at the rea-
sonable cost thereof), such apace
in airport buildings as may be rea-
sonably adequate for use in connec-
tion with any airport air traffic con-
trol activities, weather•reporting
activities, and communications acti-
vities related to airport air traffic
control, which are necessary to the
safe and efficient operation of the
Airport and which such agency
may deem it necessary to estab-
lish and maintain at the Airport
tar such purpose.
11. After completion of the Pro•
ject and during the term of these
covenants, the Sponsor will main-
tain a current system of Airport
accounts and records, using a sys-
tem of its own choice, sufficient to
provide annual statements of in-
come and expense. It will furnish
the Administrator with such an-
nual or special Airport financial
and operational reports as he may
reasonably request. Such reports
may be submitted to the Adminis-
trator on forms furnished by him,
or may be submitted in such other
manner as the Sponsor elects, pro-
vided the essential data are
furnished. The Airport and all air
records and documents affecting
the Airport, including deeds, leases,
operation and use agreements,
regulations, and other instruments,
will be available for inspection by
any duly authorized representative
of the administrator upon reason-
able request. The Sponsor w111
furnish to the Administrator, upon
request, a true copy of any such
document.
12. The Sponsor will not enter in-
to any transaction which would
operate to deprive it of any of
the rights and powers necessary to
perform any or all of the covenants
made herein, unless by such trans-
action the obligation to perform
all such covenants is assumed by
another public agency eligible un•
der the Act and the Regulations
to assume such obligations and
having the power, authority and
financial resources to carry out all
such obligations. If an arrangement
is made for management or opera-
tion of the airport by any agency
or person other than the Sponsor
or an employee of the Sponsor,
the Sponsor will reserve sufficient
powers and authority to insure
that the Airport will be operated
and maintained in accordance with
the Act, the Regulations, and these
covenants.
13. The Sponsor will maintain a
master plan of the Airport having
the current approval of the Adminfs•
l6o Special Session, Apri122nd, 1948
trator. Such plan shall show build• its name, this 22nd day of April,
ing areas, approach areas, and land- 1948.
ing areas, indicating present and
future proposed development. The
Sponsor will conform to such mas•
ter plan in making any future im•
provements or changes at the Air-
port which, if made contrary to the
master plan, might adversely af•
fect the safety, utility, or effi-
ciency of the Airport.
14. (a) The Sponsor will acquire
within a reasonable time but in
any event prior to the start of any
construction work under the Pro•
ject, the following property interest
in the following tracts of land on
which such construction work is to
be performed, all of which lands
are identified on the survey map
which is attached hereto and iden•
tified as Exhibit "A"; None.
(b) The Sponsor will acquire
within a reasonable time and if
feasible prior to the completion
of all construction work under the
Project, the following property in-
terests in the following tracts of
sand which are to be developed or
used as part of or in connection
with the Airport as it will be upon
completion of the Project, al] of
which lands are identified on the
survey map which is attached here-
to and identified as "Exhibit A";
None.
15. Unless the context otherwise
requires, all terms used in these
covenants which are defined in the
Act and the Regulations shall have
the meanings assigned to them
herein.
PART IV
PROJECT AGREEMENT
If the project or any portion
thereof is approved by the Ad-
ministrator and an offer of Federal
aid for such approved project is ac-
cepted by the Sponsor, it is under-
stood and agreed that all airport
development included in such pro-
ject will be accomplished in accord-
ance with the Act and Regulations,
the plans and specifications for
such development, as approved by
the Administrator, and the Grant
Agreement with respect to the pro-
ject.
IN WITNESS WHEREOF, the
Sponsor has caused this Project
Application to be duly executed in
City of Dubuque
(Name of Sponsor)
By FRANK VAN DUELMAN
Mayor.
Opinion of Sponsor's Attorney
I hereby certify that
all statements of law made
in this Project Application
and all legal conclusions
upon which the representa•
lions and covenants
contained herein are based,
are in my opinion true and
correct.
JOHN J. KINTZINGER
City Solicitor.
April 22, 1948.
Passed, adopted and approved
this 22nd day of April, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W, W. MOFFATT
Councilmen,
Attest: J. J. SHEA
Gity Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Original Notice of Suit of
Mildred Chatfield, Administratrix
of the Estate of Harold Chatfield,
Deceased, Plaintiff, vs. City of
Dubuque, Iowa, Defendant, in the
amount of $10,000.00 for injuries
sustained by Harold Chatfield in a
fall on the uneven and rough ac-
cumulation of ice and snow in the
north crosswalk of Twentyfirst
Street and Elm Street, which in-
juries resulted in the death of Har-
old Chatfield, presented and read.
Councilman Murphy moved that the
Original Notice of Suit be re-
ferred to the City Solicitor. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of the Dubuque Ready-
Mix Concrete Co. requesting the
Special Session, Apri122nd, 1948
City Council to order a crossing over
the C. M. St, P. & P. R. R. on East
Dodge Street, presented and read.
Councilman Murphy moved that
the petition be referred to the
City Council to view the grounds,
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of the Mary Agard Tent
No. 35 requesting permission for
the holding of a Flag Tag Day
on Saturday, June 5th, 1948, pre-
sented and read. Councilman
Thompson moved that the request
be granted. Seconded by Council-
man Moffatt. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
There being no further business
Councilman Thompson moved to
adjourn. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
J. J. SHEA
City Clerk.
Approved ............ ........ ..., 1948.
Adopted ............... _...., 1948.
161
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