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1948 June Council ProceedingsSpecial Session, June Ist, 198 193 vard, and by repealing ordinances in ~ conflict herewith. C } C o u n e i ~ Now, Therefore, It Ordained by the Clty Council I ~ ` Y Be of the City of Dubuque: That (d), Rule 108, Par. 736, 1 Sec . . (OFFICIAL). 1 of Ordinance No. 1-39, ae Sec . Special Session, June 1st, 1948. amended by Ordinances No. 11-47, No. 20-47 be and the same Council met at 7:30 P.M. 16-47 and No. is hereby amended as follows: Present-Mayor Van Duelman, Sec. 1. By adding after subdivl- 1 of Ordinance No. 11-47 C o u n c i l m e n Moffatt, Murphy, Sion i, Sec. the following: Thompson, Wharton, City Manager k. Both sides of Main Street from Jones Street to Fourth Street. Rhomberg, Both sides of Shields Street from 1 Meeting Called by order of Coun- . Jones Street to Main Street. 1a4 e d a B cilmen Thompson and Murphy. 7 ce Noe1 Ordinan of cyl vision 2, Se Mayor Van Duelman read the call the following: tated that service thereof had d eeteet from St tito Lo B9t e w s an r cust e Io a been fully made and that this j. Both sides of Second Street from - meeting is called for the purpose lokaB thesfdes of ThirdrStreet from of Considering for final adoption Iowa Street to Locust Street. Ordinance No. 11.48. An Ordinance c m3 a ay immediately rafterdithe i amending "Traffic Code" Of the on s words "West 5th Street" Sec. 9 of City Of Dubuque by establishing Or~dinOn etheo weat7 aide fofloAirgHill parking regulations on additional Street from University Avenue to streets, by abandoning certain Eighth Avenue. On the west side of Wilson Ave- o streets as Boulevards and desig- . Hue from University Avenue to Eighth Hating University Avenue aS a AvpenOn the south aide of Delhi Street Boulevard, and by repealing ordi- from Allison Street to Grandview nances in conflict herewith and act- Avenue. By striking subdivision D, 4 Sec other business as may ing on any . . RULE (98), XIII. Boulevards. Ordi- properly come before a regular Hance No. 10-37 the foltowing: West Locust Street to " meeting of the City Council. thence on Seminary Street, thence on Seminary Councilman Murphy moved that Street to St. Ambrose Street, thence se Street to Asbury b John J. Kintzinger act as Clerk ro on St. Am Street, and thence on Asbury Street " of the Council meeting, the regular to the North tine of Delhi. 5. By adding to RULE (98), Sec Clerk being absent. Seconded by . XIII. Boulevards. the foltowing: e f s Councilman Wharton. Carried by to Avenue with Eighth itTyintersects the fallowing vote: its terminus at the city limits. Sec. 6. Any and all ordinances or Yeas-Mayor Van Duelman, parts thereof in conflict herewith are Councilmen Moffatt, Murphy, hereby repealed. This Ordinance shall be in 7 Sec Thompson, Wharton, . . force and effect ten days from and adoption and e , after its final passag tion as provided by law. li Nays-None. ca pub Passed upon first reading this 24th Ordinance No. 11.48. An Ordi- day of May, 194s. ted and approved upon Hance ameriding "Traffic Code" Of Passed, adop final reading this 1st day of June, the City of Dubuque by establish- 1948. FRANK VAN DUEL M y ing parking regulations on addi- or a tional streets, by abandoning cer- F, W, THOMPSON, MURPHY tain streets as Boulevards and de- , GEO. R. ALBERT WHARTON, signating University Avenue as a pp, W, MOFFATT, Councilman Boulevard, and by repealing ordi- Attest: J. J. SHEA, ' nances in conflict herewith, said City Clerk. ordinance having been passed upon h1Herald nfewspaper t Ts 4th day t C first reading on May 24th, 1948 and grap of June, 1948. City Cler . SHEA J ,: ordered placed on file with the , . 0-4-1t J. moved City Clerk far public inspection Councilman Thompson t least one week before final the adoption of the ordinance. Sec- ~ for a adoption, was presented for final onded by Councilman Moffatt. Cor- i adoption. ried by the following vote: ` ORDINANCE N0. 11.48 yeas-Mayor Van Duelman, An Ordinance amending "Traffic ffatt, Murphy, establishtnghpark~ing oregulationa on Thompson, Wharton additional streets, by abandoning cer ets as Bculevarda and desig t - - Nays-None. Y re tain s nating University Avenue as a Boule - 194 Special Session, June 1st, lgg8 Ordinance No. 12-48. An Ordinance amending Ordinance No. 13-35 and Ordinance No. 2.46, which Ordi- nances provide for inspection and testing of milk intended for public sale and distribution, and exacting a charge from producers and dis- tributors, by striking from said Or- dinances all provisions with refer- ence to exacting a charge from producers and distributors, said ordinance having been passed up- on first reading on May 24th, 1948 and ordered placed on Pile with the City Clerk for public inspection for at least one week before final adoption, was presented far final adoption, ORDINANCE N0. 12.48 Ary Ordinance amending Ordinance •'~9. 13-3o and Ordinance No. 2-46, which Ordinances provide for in- spection and testing of milk intended ~~~G public ,vale and distribution, and exacting a charge from producers and ' distributors, by striking from said Ordinances ali prop°isimis. with refer- ence to exacting a charge from nro- ducers and distributors, Nnw, 99~ierefore BN: 11' OR1)A[iVED BY THE CITY f~~>uvcll. o>, THE r.,1TY o>' nu- Sec. I That' Ordinance :Vo, l:i-:35 ~~e ,:nd the same is hereby amended ~`Y striking therefrom Par. 547, Sec- ,i~,,, ,. Sec. L 'Phaf Ordinance No. 'G-98 be :md the same is hereby amended by .vtriking [herefrooi Section I. Sec. 8. This Ordinance shall be in force and eefeM ten days from and after itv final pxssagt, adoption and unhlication n, provided by law. Passed span first reading this `L4ih dw~ ~,r ray, l9as. Passed, adopted and approved upon final reading this ]st day of dune, 1948. HRA:VK i'AN U[JELMay, F, W, THOMPSON Mayor. GEO. R. MURPHY ALBERT WHARTON w,tiy. moFFaTT Councilmen. attest: f. J. SHEa, Published officially inLlThe 1 Tele- Prti~}i-Herald newspaper this 4th day rf .Tune, 1948. .i. .1. SHF,A, f,-d-1t City Clerk. Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of Barbara Boyes in the amount of $15.98 for damages received as a result of being struck by water from a fire hydrant on Fourth Street Exten- sion, presented and read. Council- man Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of D. F. Ward, M. D. in the amount of $35.40 for damages received as a result of water from a fire hydrant on Fourth Street Extension, presented and read. Councilman Wharton moved that the Notice of 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. Notice of Claim of Paul M. Sowle in the amount of $0.50 for damages received as a result of being struck by water from afire hudrant on Fourth Street Extension, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, C o u g c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of Dwight D, Bonham, Captain, Infantry U.S. Ar• my, in. the amount of $99.68 for damages. received as a result of water from, a fire hydrant on Fourth Street Extension, presented Special Session, June 1st, 1848 195 and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for in- vestigation and report. Seconded by Gauncilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Walter Duccini et al requesting the rezoning of the property on Rhomberg Avenue in the vicinity of Lots 312 and 313 in Eagle Point or Ham's Addition Prom the present two family reA~- dence district to a local business district, presented and read. Coun- cilman Murphy moved that the pe- tition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Nick Kramer request- ing a refund in the amount of $100.00 on the unexpired portion of his Class "B" beer permit No. 137, presented and read. Council- man Moffatt moved that the re- quest be granted and the City Auditor instructed to draw a war• rant in the amount of $100.00 in favor of Nick Kramer to cover the amount of refund granted on the unexpired portion of his Class 'B" beer permit No. 137. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of the United States Fidelity & Guaranty Co., by J. Allen Wallis, Attorneyin- fact, consenting to the thirty days extension granted to the K-M Con- struction Company for completion of their contract for the improve- ment of Gandolfo Street from the north curb line of St. Joseph Street to the south curb live of Lombard Street with concrete curb and gutter, 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, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dur• ing the month of April, 1948, pre- L'ented and read. Councilman 'Thompson moved that the proof of publication be received and filed. Seconded by Gauncilman Mof- fatE. Carried by the following Vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. May 26, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Dear Sir: With reference to the claim of the Key City Gas Company against Mancini, Ventrella & Sons, 912 West Taylor Street, Chicago, Illinois, in the construction of the I{aufmann Avenue sewer in the sum of $430.18, which has been sub- mitted to me. This is a matter of determination between the Key City Gas Company and the Man- cini, Ventrella & Sous. The City has no right to allow and pay the money of the Contractor as claimed. I recommend that $430.18 be withheld from monies due taid0out tractor and the same be p upon Order of Court or written a- greement of the parties Piled with the City. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City Soli• citor Kintzinger be approved and the City Auditor instructed ac- cordingly. Seconded by Council• 1g6 Special Session, June 1st, 1948 man Wharton. Carried by the fol ]owing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. May 26, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: In accordance with your direc- tion Ihave forwarded the attached letter in reference to the purchase of revenue bonds far the purpose of acquiring parking lots to the following named parties: Richard Kolck, Jr., 6th Floor, B & I Bldg., Dubuque, Ia. Priester & Co., Davenport Bk. Bldg., Davenport, Ia. Quail & Co., Davenport Bk. Bldg., Davenport, Ia. Veith, Duncan & Wood, Daven- port Bk. Bldg., Davenport, Ia. White Phillips Co., The First Nat'l. Bk. Bldg., Davenport, Iowa Central Republic Co., Insurance Exchg. Bldg., Des Moines, Iowa Graefe & Co., Equitable Bldg., Des Moines, Iowa T. C. Henderson & Co., Empire Bldg., Des Moines, Iowa Iowa Des Moines Nat']. Bk. & Trust Co., 6th & Walnut, Des Moines, Iowa McCrary, Dearth & Co., Des Moines Bldg., Des Moines, Ia. A. C. Allyne & Co., Waterloo Bldg., Waterloo, Iowa John Muveen & Co., 135 So. LaSalle, Chicago, Illinois Harris Trust & Sav. Bk., 115 W. Monroe, Chicago, Ill. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the communication of City Solici- tor Kintzinger be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. DEPARTMENT OP COMMERCE Civil Aeronautics Administration 215 Jewett Building Des Moines 9, Iowa Honorable George R. Murphy 1948 Mayor of Dubuque Dubuque, Iowa Subject: Dubuque, Iowa, Munici- pal Airport CAA Project No. 9.13- 020-8 Approval of Plans and Specifications My Dear Mayor: The plans, specifications and supporting documents for the a- bove subject project have been re• viewed and approved by this ad• ministration. Please consider this letter your authority to advertise this project for bids. It is requested that this office be advised of the date and hour bids will be opened. Very truly yours, PAUL V. ROBERTS District Airport Engineer. Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. To the Honorable Mayore 1, 1948 and City Council, Dubuque, Iowa. Gentlemen: Attached are the plans, specifica- tions, form of contract and pre- liminary estimates including all i- tems of material and work re- quired to construct the first unit of a Terminal Administration Building at the Municipal Airport including the plumbing and heat- ing, electric wiring, well installa- tion and sewage disposal system. The probable total cost of this improvement is $60,000.00. I consider that 180 working days after the date of the contract as sufficient to complete these im• provements. Respectfully submitted, A. A. RHOMBERG, City Manager. Special Session, June 1st, 1948 197 Councilman Wharton moved that the communication of City Man- ager Rhomberg be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt; Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 96-48 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa tho', the proposed plans, specifications, farm of contract and all other documents attached hereto pertaining to the construc- tion of the first unit of the Ter- minal Administration Building at the Municipal Airport are hereby approved and ordered filed in the office of the City Clerk for public inspection and are to be considered a part of this Resolution. Passed, adopted and approved this 1st day of June, 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 Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 97-48 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolution No. 96-48 given its preliminary approval of the pro- posed plans, specifications and form of contract and placed the same on file in the office of the City Clerk for public inspection for the constructien of the first unit of a Terminal Administration Building at the Municipal Airport including the plumbing and heat- ing, electric wiring, well installa- tion and sewage disposal system: NOW, THEREFORE, BE IT RESOLVED that on the 14th day of June 1948 a public hear ing will be held at 7:30 o'clock P.M. in the Council Chamber in the City Hall at which time and place any and all persons interested may appear and make objection to the proposed plans, specifications, contract for or cast of the im- provement. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in the official newspaper at least ten days before said hearing at which hearing the Council will hear any objections and any evidence far or against the same and enter on record its decision thereon. Passed, adopted and approved this 1st day of June, 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, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 98-48 BE IT RESOLVED by the City Council. of the City of Dubuque, Iowa that pursuant to Resolution No. 96-48, which was duly passed by this Council providing for the construction of the first unit of a Terminal Administration Building at the Municipal Airport with the necessary appurtenances be and the same are hereby ordered con- structed according to the plans and specifications heretofore a- dopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvements be paid for in part by C.A.A. grant and the balance from the Airport Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to 198 Special Session, June 1st, 1948 advertise for proposals far the con- struction of the various improve- ments herein provided for in the manner provided by law and said improvements shall be completed within 180 working days from the date of commencement which shall be specified in a written notice to proceed by the City Manager, BE IT FURTHER RESOLVED that this Resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its adoption by the City Council. Passed, adopted and approved this 1st day of June, 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. Second- ed by Councilman Wharton. Car• reed by the following vote: Yeas-IVI a y o r Van Duelman, Counci 1 m e n Moffatt, Murphy, 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-bI a y o r Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays-None. J. J. SHEA City Clerk. Approved ............................. 1949. Adopted ............................. 1949. Councilmen ~ ,,,,,,,,,,,,,,,,,,,,,, ............... Attest : .....:.......................................... City Clerk. t i~ ~ir j: Regular Session, June 7th, 1948 199 City Council (Official) Regular Session, June 7th, 1948. Council met at 7:30 P.M. Present -Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, City Manage r Rhomberg. Absent -Councilman Wharton. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Moffatt. Carried by the follow ing vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, ,Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Mr. Howard Koons addressed the Council, submitting verbal request that he be granted permission to es- tablish and operate an auction house in the downtown area. Coun- cilman Murphy moved that the ver- bal request of Mr. Howard Koons be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Mr. H. C. Holloway, President of the Dubuque Safety Council ad- dressed the Council and presented a plaque awarded to Dubuque for first place honors in the national traffic safety contest last year also Mr. I. A. Lowell, of the Iowa de• partment of public safety, address- ed the Gouncil and presented the state certificate awarded to Dubu- que for first place honors in the traffic safety contest last year. Councilman Moffatt moved that the plaque and certificate be accepted by the City Council on behalf of the City of Dubuque, Iowa. Sec• onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Coun- cilmen Moffatt, Murphy, Thomp- son. Nays-None. Absent-Councilman Wharton. Notice of Claim of Magdalene Noel in an unstated amount for in• juries sustained in a fall on a de• fective sidewalk in Washington Park, presented and read. Council- man Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded • by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Notice of Claim of Mrs. A. H. Hammerand in the amount of $70.95, for c.amages and injuries caused by being struck by the flow of water from a hydrant in the vicinity of Foarth Street Ex- tension near the entrance of the Mills Bros. circus, presentemoved read. Councilman Murphy that the Notice of Claim be referred to the City Solicitor for iavestiga• lion and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Communication of The Key City Gas Company, making and filing claim in the sum of $628.78, for labor, material and service per- formed and furnished to Mancini, Ventrella & Sans, in the construc• lion of the Kaufmann Avenue Trunk Sewer, a public improve- ment in the City of Dubuque, Iowa, presented and read. Councilman Murphy moved that the communi- cation be referred to the City Soli- citor for investigation and report. Seconded by Councilman Thomp- Zoo Regular Session, June qth, 1948 son- Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton, Communication of the Hawkeye Casualty Company, advising Council that the Excavation Bond of Mau- rice Hill is not needed for the com- ing year and asking that said bond be considered not in force after June 24, 1948, presented and read. Councilman Murphy moved that the request be granted and the Bonding Company to be so notified. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Communication of Tom C. Clark, Attorney General, Washington, D.C. calling attention to a national cam- paign, based on the program of community conferences, recom- mended by the National Confer- ence on Prevention and Control of Juvenile Delinquency and also ad- vising that the Theatre Owners oP America also plan to celebrate a "Salute to Youth Month" in Sep- tember, 1948, and stating that the officers of the National Conference join me in hoping that the Mayor will give this movement effective leadership in co-operation with all groups in the community, presented and read. Councilman Thompson moved that the communication be referred to the Mayor. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Communication of Fletcher Bowron, President, The American Municipal Association, asking the Mayor to lend the prestige of his office and leadership to the attack on juvenile delinquency, being con- ducted by the National Conference on Prevention and Control of Ju- venile Delinquency, also asking the Mayor to appoint a local confer- once steering committee and to set a date in September, 1948, for the holding oP a loco] conference, pre- sented and read. Councilman Mur• phY moved that the communica- tion be referred to the Mayor. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Communication of The Interna- tional City Managers' Association extending invitation to have the City of Dubuque represented at the Annual Conference of the In• ternational City Managers' associa• tion to be held at Mackinac Island, Michigan, September 12-18, pre• sented and read. Councilman Mur- phy moved that the communica- tion be referred to the City Coun- cil and City Manager. Seconded by Councilman Moffatt, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton Communication of Paul J. Beck- er, Offocial in Charge, U.S.Weather Bureau, stating that the Regional Director of the Weather Bureau has asked that the Council be ad- vised that the Weather Bureau is willing to co-operate in any way feasible, and that action to move the weather services to the Air- port will be at Council request, and further stating that if a weather office is to be included in present plans for the first unit of an Ad- ministration Building, it could be limited to 600 square feet of space, presented and read. Councilman Murphy moved that the communi- cation be referred to the Council for consideration. Seconded by Councilman Thompson, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Regular Session, June 7th, 1948 Zol Communication of Robert H. Kintzinger, submitting a petition from property owners or residents in or about the vicinity of the 2300 black on St. Ambrose Street, in re• gard to the condition of the alley connecting St. Ambrose Street and Ungs Street, presented and read. Councilman Thompson moved that the communication be re- ceived and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Petition of Clarence Hagge et al, property owners or residents iu the vicinity of the 2300 block on St. Ambrose Street, requesting that the alley connecting St, Ambrose Street and Ungs Street be exam- ined by proper authorities and be properly graded and placed in prop- er condition far foot and vehicular travel, presented and read. Coun- cilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton, Petition of Carl W. Peterson in regard to the dust condition which is unbearable, coming from the un- paved ramps which connect the northwest hill section with the re- located No.20 Highway via of South Algona Street, and requesting that oil be placed on this street, pre- sented and read. Councilman Mur phy moved that the petition be re ferred to the Council to view th grounds. Seconded by Councilma Thompson. Carried by the follow ing vote: Yeas -Mayor Van Duelma Councilmen Moffatt, Murph Thompson. Nays -None. Absent -Councilman Wharton Board of Education, Dubuque, Iowa, June 3, 1948. Honorable Mayor, City Council, and Members of the Planning and Zoning Commission Dubuque, Iowa Gentlemen: At the joint meeting held May 24, 1948, the matter of the location of the proposed highway between Audubon Street and Seminary Stroet was thoroughly discussed by the City Council, the Planning and Zoning Commission, and the Board of Education. We were then ad- vised that the City Council desired an expression of our views and a reply to she question of such loca- tion, 'Phis letter is in answer to that request. The Board of Education held a special meeting on May 7, 1948, to consider this particular problem. I was directed at that time to call the attention of the Council to the following conclusions: (1) We have been advised by experts in the field of school and playground facilities that the loca- tion of a highway bisecting school grounds with terrain such as ours would work an irreparable damage to the proper use of the facilities and to the possibilities for future development. (2) It would create a major traffic hazard to the students at- tending Senior High School by hav- ing to cross the main thorough- fare in order to attend classes in the proposed gymnasium, technical addition, and playground facilities. (3) It would prevent adequate extension of the present Industrial Arts Building by the addition of the proposed technical unit, and the Location of the combination gymna- sium-auditorium. (4) We suggest that an engineer- - ing survey and study be made. It - is our belief that this will show the e beat route to be on the west side n of the Senior High School (5) To fully co-operate with the City Council and Provide a new ar• n, tery of travel, I have been author- y, ized by the Board of Education to make available the right•of-way a- round the west side of the Senior High School Building and football field as out-lined above. 202 Regular Session, June nth, x948 It is the intent of the Board of Education that this, as well as any other matter of mutual concern be determined in the interest of the genera] public, whom we all serve. Sincerely yours, H. J. NACHTMAN President. Councilman Thompson moved that the communication be re• ceived and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton Petition of the Lions Club, by F. W. Aschenbrener, President, re- questing permission to erect Lion road .signs on all the highways leading into the City of Dubngne, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays - None, Absent -Councilman Wharton. Petition of Veterans of Foreign Wars, Leo A. Schwind Post No. 508, requesting permission for the holding of their Buddy Poppy Sale on Friday evening, Sept. 24th, and all day Saturday, Sept. 25th, 1948, presented and read. Councilman Moffatt moved that the request be granted. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas- Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Communication of Robert L. Lar- son, Attorney General of Iowa, ex- tending invitation to have the Chief of Police or some member of the Police Force to attend the annual Peace Officers' Short Course to be held at Iowa City commencing June 21st, presented and read. Councilman Marphy moved that the communication be referred to the City Manager and Chief of Police. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas -- Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Communication of the National Institute for Traffic Training re- questing that qualified officers at- tend the traffic course at North- western University July 5-23, 1948, presented and read. Councilman Thompson moved that the com- munication be referred to the City Manager and Chief of Police. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Nays -None. Absent -Councilman Wharton. Application of The Key City Gas Company to the Iowa State Highway Commission for per- mission to lay a gas main to Glen- view Su'ndivision south of Grand- view Avenue and east of High• wags 161, 151, and 52 in the City Limits of Dubuque, Iowa, location to be 10 feet from east edge of paving, presented and read, Coun- cilman Murphy moved that the ap- plication be approved and the High- way Commission to be notified that the City Council has no objection, providing that the gas main is in- stalled so as not to interfere with the present water main. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Report of the Board of Review for the year 1948 presented and read. Councilman Thompson moved that the report of the Board oP Review for the year 1948 be re- ceived and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Regular Session, June 7th, 1848 203 May 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: With reference to petition of Mr. Cori V. Riley, requesting vacation of part of Platt St., the Planning and Zoning Commission respect- fully recommends denial of same, and at the same time suggests to pour Honorable Bodp the pro- posed pavement of Platt .Street, between James and Cardiff Streets be made 20' in width and placed in the center of the Platt Street right-of-way. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By: R. V. McIfAY, Secy. Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved and also that the sug- gestion of the Planning and Zoning Commission be made a matter oY record and the proper proceedings ordered prepared. Seconded by Councilman Murphy. Carried by the following vote: yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays - None. Absent -Councilman Wharton. June 2, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Art Covard of $16.00 for damages caused to his car when the rea wheel dropped in a hole at 132 Auburn Street on or about Ma 6, 1945, from my investigation i appears that there was a hole f the street sufficiently large t cause the damages complained o that members of the Street Depar went saw this hole and saw th damages caused to the Covard ca that the actual coats for damage to the car amounted to $16.00. I recommend that this claim b paid in the amount of $16.00 an that a warrant be delivered him in that amount upon delive to the City of a release proper executed by htm. Yours truly, JOHN J. KINTZINGE City Solicitor, Councilman Murphy moved that the recommendation of City Soli- citor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $16.00 in favor of Art Covard, as settle- ment in furl of his claim, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton. Honorable Mayor slid Members of the City Council Dubuque, Iowa Gentlemen: Enclosed please find for your consideration letters received from: A. C. Allyn and Company, Chi- cago, Illinois. Chl• Central Republic Company, cago, Illinois. Harris Trust and Savings Bank, Chicago, Fllinois. Hornblower & Weeks, Dubuque. Iowa. John Nuveen & Co., Chicago, Illinois. Vieth, Duncan & Wood, Daven- port, Iowa. The White-Phillips Co., Inc., Davenport, Iowa. Quail ~ Co., Davenport, Iowa. Graefe and Company, Des Moines, Iowa. Iowa-Des Moines N a t i o n a l Bank, Des Moines, Iowa. r Priester & Co., Davenport, Iowa. 4 the various investments concerns y that I wrote to regarding parking t lot revenue bonds in accordance n with your directions. Yours truly, JOHN J. KINTZINGER f, City Solicitor. t- e Councilman Murphy moved that r the communication of City Solicitor s Kintzinger, with attached letters, be referred to the City Council, City e Manager and City Solicitor for con- d sideration, Seconded by Council- to man Thompson. Carried by the ry following vote: ty yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. g Nays -None. Absent -Councilman Wharton. 204 'Regular Session, June qth, 1948 June 7, 1948, Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Irma Biver for $5,000.00 for certain injuries resulting from an accident caused by the negligence of the City in failing to exercise reason- able care for the removal of icy accumulations in the crosswalk on Central Avenue across 18th Street, it appears that claimant while walk- ing across the Street on the side- walk line slipped and fell on rough, uneven and icy accumulations on the crosswalk,- receiving a sprain and fracture of her right ankle, which required her to receive medical service and hospital at- tention, That she was unable to go to work for some time after the injury. She claims actual expenses in the neighborhood of around $300.00 and also claims damages for pain and suffering. After consul- tation with her Attorneys, O'Con- nor, Thomas & O'Connor, they have agreed to accept $550.00 in full payment of her claim. I recommend that her claim be allowed in the sum of $550.00, that a warrant be issued payable to the order of O'Connor, Thomas & O'Connor, Attorneys for Irma Biver and the same be delivered upon delivery to the City of a release properly executed by claimant. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $550.00 in favor of O'Connor, Thomas & O'Connor, Attorneys for Irma Biver, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Nays -None, Absent -Councilman Wharton. June 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Audubon Street from the north property line of Loras Blvd. to the north property line of Dexter Street, by widening and paving with concrete, under con- tract with Thos. Flynn Coal Com- pany, has been completed. I there- fore recommend the acceptance of this work. Respectfully submitted, A. A. RHOMBERG, City Manager. Couucilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec• onded by Councilman Thompson. Carried by the following vote: Yeas - N1 a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent -Councilman Wharton RESOLUTION N0. 9918 Whereas, the contract for the improvement of Audubon Streot from the north property line of Lor- as Blvd. to the north property line of Dexter Street has been com- pleted, and Whereas, the City Manager has examined said work and recom- mended its acceptance, now there- fore Be It Resolved by the City Coun- cil of the City of Dubuque that the recommendation of the City Manager be approved and that the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the lots and par- cels of real estate subject to assessment for said improvement. and file the same in the office, of the City Clerk subject to public inspection and the City Clerk shall upon receipt of such plat and sched- ule publish the notice of said assessment as required by law. Passed, adopted and approved this 7th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W, THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen, Attest: J. J. SHEA City Clerk. Regular Session, June qth, 1948 ZoS 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. Nays -None. Absent -Councilman Wharton. June 7, 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 Geo. I. Beaves, 2531 Windsor Ave. Bond No. 218160, Western Surety Company. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays - None. Absent -Councilman Wharton. RESOLUTION N0. 100--48 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil 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 Lester Shetler and Sylvester Shetler, 1638 Central Avenue Steve Cole, 402 Main Street Leo F. Link and Bernice Link, 1487 Central Avenue Mrs. Josephine Burke, 1091 Main Street Mildred M. Schaller and Clara R. Schaller, 378 Main Street William F. Trimpler, 1563 Central Avenue A. R. Uppinghouse and Philomena Uppinghouse, 238.240 West 6th St. CLASS "B" PERMIT FOR PRIVATE CLUB The Travelers Club, 75 East Fourth Street Passed, adopted and approved this 7th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R, MURPHY 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. Nays -None. Absent -Councilman Wharton. RESOLUTION N0. 101-48 WHEREAS, heretofore applica• tions for Class "B" Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have 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• cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Lester Shetler and Sylvester Shetler, 1638 Central Avenue Steve Cole, 402 Main Street Leo F. Link and Bernice Link, 1487 Central Avenue Mrs. Josephine Burke, 1091 Main Street Mildred M. Schaller and Clara R. Schaller, 378 Main Street William F. Trimpler, 1563 Cen- tral Avenue A, R. Uppinghouse and Philomena Uppinghouse, 238.240 West 6th Street CLASS "B" PERMIT FOR PRIVATE CLUB The Travelers Club, 75 East Fourth Street BE IT FURTHER RESOLVED that the bonds filed by such ap- 206 Regular Session, June 7th, 1945 plicants be and the same are here- by approved. Passed, adopted and approved this 7th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W, THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays -None. Absent - Councilman Wharton. RESOLUTION N0. 102-48 Whereas, an ordinance was adopt- ed by the City Council of Dubuque on December 20, 1921, vacating the West fifty (50) feet of May Place and the permanent use there- of granted to the owners of the property abutting thereto, to-wit; Clara Louise Hillyard, and her assigns, and Whereas, it now appears that the City of Dubuque failed to execute a deed to that part of May Place so vacated, and Whereas, in order to make of record the intent and effect of the said ordinance it is advisable that the city convey by quit claim deed that part of May Place so vacated, and tiVhereas, Stampfer Building Company has acquired by purchase Che rights so granted to the said Clara Louise Hillyard to the part oY May Place so vacated and like- wise by purchase has acquired the abutting property on bath the northerly and southerly sides of West i14ay Place. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the Mayor and clerk be and they are hereby directed to execute and deliver the quit claim deed to Stampfer Build- ing Company to the following de- scribed real estate, to-wit: All that part of the West fifty (50) feet of May Place in the City of Dubuque, Iowa, and which has been vacated by the ordinance mentioned, and being Lot 7-A in Yates and Picketts Subdivision in the Citp of Dubuque, Dubuque County, Iowa, as shown on the plat filed March 23, 1923 and re• corded in Beok of Plats 8 Page 385 in the office of the Recorder of Dubuque County, Iowa. And the Clerk of the said City is directed to attach to the said deed the seal of the City and the said officers are further authorized and directed to execute the proper acknowledgment covering the exe- cution of said deed. Passed, adopted and approved this 7th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY W W.MOFFATT Councilmen. Attest: J. J, SHEA City Clerk. Councilman Thompson 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. Nays -None. Absent -Councilman Wharton There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the tallow ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays - None. Absent -Councilman Wharton. J. J. SHEA City Clerk, Approved ............................. 1949. Adapted ............................. 1949. Councilmen { ...................................... Attest : ......................................... . City Clerk. Special Session, June 14th, 1948 ao7 City Council (OFFICIAL,) Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Muhpry, Thompson, Wharton. Special Session, June 14th, 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 Deulman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a hearing on the plans, specifications, form of con- tract and cost of improvements for the construction of the first unit of a Terminal , Administration Building at the Municipal Airport, for plumbing and heating of the building and for electric wiring of the building, a well installation and a sewage disposal system at a total estimated cost of $60,000.00 and acting on any other business as may properly come before a regular meeting of the City Coun- cil. Ptoof of publication, certified to by the publishers, of notice of pub- lic hearing on the plans and speci- fications, form of contract and cost of improvements for the construc- tion of the first unit of a Terminal Administration Building at tnP, Municipal Airport, for plumbing and heating of the building and for electric wiring of the buiiding, a well installation and a sewage disposal system, presented and read. No written objections filed and nu objectors present in the Council Chamber at the time set for the hearing. Councilman Mur- phy moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeaa -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one prea ent in the Council Chamber, wh wishes to do so, to address th Council. Seconded by Councilman Naya -None. RESOLUTION N0. 103-48 WHEREAS, proposed plane and specifications and form of contract far the construction of a Terminal Administration Building on the Municipal Airport have been ap• proved by the City Council of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa, 1946, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for cost of such improve- ments, said time being this 14th day of June, 1948; and WHEREAS, the City Council met in Spocial Session this 14th day of June, 1948, at 7:30 o'clock P.M, at the Council Chamber in the City Hall far the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed Alans, specifications or con- tract for or cost of the improve- went herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all objec- tions which 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, specifications, con- tract for or cost of said improve- ment herein described and pro- posed to be made, be and the same are hereby overruled 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 the plans, specifications and form of contract for or cost of said im- o provement be made a matter oC e permanent record in connection with said improvement. 20$ Special Session, June 14th, 1948 Passed, .adopted and approved this 14th day of June, 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. RESOLUTION N0.104-qg Whereas, Application has been made to the City Council of the City of Dubuque, Iowa, requesting that the Gity of Dubuque convey to the State of Iowa real estate owned by said City, said real estate to be used for the site oP a garage for the Iowa National Guard, which garage is to be constructed within one year, and Whereas, the City Council has in- vestigated the matter and is of the opinion that such request should be granted. NOW, THEREFORE, Be It Resolved by the City Coun- cil of the City of Dubuque that lot 2 of lot 2 of lot 3 of Randall's Subdivision in the City of Dubuque, Iowa be conveyed to the State of Iowa as a site for the erection of said garage and other buildings to be used in connection therewith and that the Mayor and Clerk of the said City of Dubuque, Iowa be, and they are hereby authorized and directed to execute and de- liver to the State of Iowa a quit claim deed to lot 2 of lot 2 of lot 3 of Randall's Subdivision in the City of Dubuque, Iowa, for and on behalf of the City of Dubuque. This real estate is to be used far no other purpose and in the event the garage is not constructed with- in 1 year from this date, the title to said real estate shall revert back to the City of Dubuque, Iowa. Passed, adopted and approved this 14th day of June, 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 follownig vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nay-None, RESOLUTION N0.105-48 Whereas, Application has been made to the City Council of the City of Dubuque, Iowa, requesting that the City of Dubuque convey to Company A 133rd Infantry Head- quarterx Company 1st Battalion 133rd Infantry Iowa National Guard Armory Corporation real es- tate owned by said City, said real estate to be used for the site of an Armory for the Iowa National Guard, which Armory is to be con- structed within one year, and Whereas, the City Council has investigated the matter and is of the opinion that such request should be granted, NOW, THEREFORE, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that lot 1 of lot 2 of lot 3 of Randall's Subdivision in the City of Dubuque, Iowa, be conveyed to Com- pany A 133rd Infantry Headquar- ters Company 1st Battalion 133rd Infantry Iowa National Guard Ar- mory Corporation and that the Mayor and Clerk of the City cf Dubuque, Iowa, be and they are hereby authorized and directed to execute and deliver to Company A 133rd Infantry Headquarters Com- pany 1st Battalion 133rd Infantry Iowa National Guard Armory Cor- poration aquit claim deed to lot 1 of lot 2 of lot 3 of Randall's Sub- division in the City of Dubuque, Iowa, for and on behalf of the City oY Dubuque, Iowa. This real es- tate is to be used for no other pur- pose and in the event the Armory is not constructed within one year from this date the title to said Special Session, June 14th, 1948 Za9 real estate shall revert back to the City oY Dubuque, Iowa. Passed, adopted and approved this 14th day of June, 1948. FRANK VAN DUELMAN Mayor. F, W. THOMPSON GEO. R. MURPHY ALBERT WIIARTON 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, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Notice of claim of Mrs. Dorothy Mason, the amount of $25.00, for injuries and damages sustained in a fall in front of 1348 Central Avenue caused in catching her foot in an iron grate which covers an area way, presented and read. Council- man Moffatt moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Notice of claim of H. F. Reynolds in the amount of $34.10 for damages to clothing and injuries sustained by his daughter, Jane, by being struck by a stream of water from the hydrant on Fourth Street Ex- tension near the entrance to Milis Bros. circus, presented and read. Councilman Murphy moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of National Safe• ty Council asking the Mayor to is- sue astatement to the press re- questing the people to enlist in the Fourth of July safety campaign, presented and read. Councilman Murphy moved that the communi- cation be referred to the Mayor. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of John Brunjes re- questing arefund in the amount of $150.00 on the unexpired portion of his Class "B" beer permit No. 156 as he has discontinued busi- ness on June 10th, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of John Brun- jes to cover the amount of refund granted on the unexpired portion of his Class "B" beer permit No. 156. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of the Algonquin Chemi- cal Company, by: O'Connor, Thomas & O'Connor, its Attorneys, requesting that fire protection be extended to their property and im- provements located immediately south of the City of Dubuque, pre• sented and read. Councilman Whar- ton moved that the petition be referred to the City Council until such time as an all weather road is completed to their plant: Second- ed by Councilman Moffatt. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Harry V. Grode re- questing arefund in the amount of $50.00 on the unexpired portion of his Class "B" beer permit No. 95 as he has discontinued business on June 17th, 1948, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Harry V. Grodo to cover the amount of refund granted on the unexpired portion of his Class "B" beer permit No. 95. Seconded by Councilman Mur- 21o Special Session, June 14th, l94$ phy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Report of the Interstate Power Company showing analysis of reve nue and expenses of Electric and Bus Transportation service for the year ending Decomber 31, 1947, presented and read. Councilman Wharton moved that the report be referred to the City Council. Sec• ouded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. June 10, 1948. Honorable Mayor and Members of the City Couucil Dubuque, Iowa Gentlemen: With reference to the applica- tion of the Dubuque Lions Club to place signs on highways leading into the City of Dubuque, the 1946 Code of Iowa provides: "319.12 Billboards and signs pro- hibited. Billboards and advertis• ing signs shall not hereafter be placed or erected within the boundary lines of the public highways." The City Council has no power to override the provisions of zhe Statute of Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the communication of City Solici- tor Kintzinger be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. June 10, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the request of Howard Koons with reference to having the ordinance amended prohibiting the establishment and operating of an auction house in a downtown area in an ordinance passed in 1943, I have taken the matter up with the Retail Mer- chants Bureau and they passed a motion opposing any such change. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the communication of City Solicitor Kintzinger be received and filed. Seconded by Councilman Thomp- son. Carried by the fallowing vote; Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Murphy moved that the oral request of Howard Koons for permission to establish and operate an auction house is e downtown area and for the amend- ing of the ordinance covering aua tion houses be denied. Seconded by Councilman Thompson. Carriefl by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, ~VhaTton. Nays -None. Jane 10, 1946. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Key City Gas Company against Mancini, Ventrella & Sous, 912 West Taylor Street, Chicago, Bli• nois, in the amount of $628.78 far labor and material for service per- formed and furnished to said Com- pany, Irecommend that $628.78 be withheld from monies due the con- tractor and that the same be paid out upon Order of Court or written agreement of the parties filed with the City. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of Citp Solicitor Kintzinger be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Resolution No. 106-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the construction of a sanitary sewer of eight (8) inch diameter Special Session, June 14th, 1-948 211 in Seminary Street from the West Corporation Line to 165 feet east of the East property line of St. Ambrose Street, presented and read. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Necessity far improvement.) RESOWTION N0. 107--48 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file In the office of the City Clerk, showing among other things the following: 1. The boundaries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the Council. 4. An estimate of tihe Boat of the proposed improvement, stating the same for each different typo of construction and kind of materi- al to be used. 5. Tn each case the amount there- of which is estimated to be assessed against each lot, for the construction of an eight (8) inch Sanitary sewer in Seminary Street from the West Corporation Line to 165 feet east of the east proper- ty line of St. Ambrose Street. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advisabl and necessary for the public wel fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed re- solution 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 constructed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said imgrove- ment will be assessed upon and a- gainst all privately owned property lying within assessable distancr, provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon. or is adjacent thereto according to area and in proportion to the special benefits con~f~rred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipa- tion of deferred payments of assessments when a contract haS been performed and accepted and the proceeds thereof used to pay the contractor. The railway Por- tion of any street or assessment district shall be assessed to &nd paid by the railway company. The above resolution was intrca- duced, approved and ordered placed on file with the Gity Clerk this 14th day of June, 1948. Approved: 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 that the resolution be approved and placed on file with the City Clerk for final action. Seconded by Coun- cilman Thompson. Carried by the following vote: e Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. .(Fixing date of hearing) RESOLUTION N0. 108--48 WHDREAS, the City Council of the City of Dubuque, Iowa, has by Resolution N0. 106-48 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of an eight (8) inch sanitary sewer in Seminary Street from the West Corporation Line 21a Special Session, June 14th, 194 to 165 feet east of the East proper- ty line of St. Ambrose Street, and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, Be it therefore Resolved that an the 6th day of July, 1948, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im• provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro• posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu• lion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 14th day of June, 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 Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. PETITION AND WAIVER The undersigned, owner of E. 16' of Lot 108 and Lot 109 in Fin- ]ey's Add, property abutting upon and adjacent to Seminary St., here- by petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch sanitary sewer in Seminary Street from the West Corporation line to 165' east of the East property line of St. Ambrose St., 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 be furnished and approved by said City. Said con- tract to be ]et 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• pence 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 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 tp 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 petitions said City to pay the contractor for constructing said improvements by delivery of special assessment cer- tificates or special assessment bonds to the contractor against the property of the undersigned. >; Special Session, June 14th, 194213 The undersigned further petitions said City to pay the contractor far constructing said improvements by the issuance and sale of im- provement bonds in anticipation of deferred payments of assessments when a contract has been per• formed 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 afore- said. KENNETH W. ELLIOTT ALYS ELLIOTT Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of record. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. PETITION AND WAIVER The undersigned, owner of Lot 1 of Kleinschmidt Su. property abutting upon and adjacent to Seminary St., hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practi- cable, to proceed with the construe~ lion of an eight (8) inch sanitary sewer in Seminary Street from the West Corporation Line to 165' east of the East property line of St. Ambrose St., 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 improve- ment as aforesaid, the undersigned agrees to pay his proportionate share of the actual cost thereof,in- cluding the engineering and inspec- tion expense to the City and the ex- pense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assess- menu to be made against the prop- erty of the undersigned in propor- tion to the special benefits con- ferred on a frontfootage basis and that such assessment shall be and constitute a lien upon the proper- ties of the undersigned for the ac- tual cost of such improvements on and from the date of the accep- tance 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 provis- ions 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 petitions 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 undersigned. The undersigned further petitions 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 oY property owners, without in any way qualifying this Petition or releasing the undersigned from his obligaticn to pay assessments made against his property as afore- said. MARY B. PRENDERGAST (GRAF) Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. 214 Special Session, June 14th, 1848 PETITION AND WAIVER The undersigned, owner of Lot 105, 106, 107 and the W. 50' of Lot 108 in Finley's Add. property abut- ting upon and adjacent to Seminary St., 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 sani- tary sewer in Seminary Street from the west corporation line to 165' east of the east property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construction of said improvement in accordance tivith 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 bits and contracts for sewer work. In consideration of the construc• lion 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 withstanding any provisions of the Statute to the contrary. The un- dersigned 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 petitions 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 petitions said City to pay the con- contractor for constructing said im• provements by the fssuance and sale of improvement bonds in an• ticipation 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 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 afore- said. ALFRED A. HENSCHEL DOROTHEA F. HENSCHEL Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of record. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. PETITION AND WAIVER The undersigned, owner of W. 1.2 of S. 100' of Lot 40 Finley's Add, property abutting upon and adjacent to Seminary St., 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 sanitary sewer in Seminary Street from the West Corporation Line to 165' east of the East property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construc- tion of said improvement in accord- ance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be ]et and entered into in the manner pro- vided by statute for bids and con- tracts for sewer work, In consideration of the con- struction of the improvement as aforesaid, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineernig and inspection ex- Special Session, June 14th, iR48 21 S 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 ouch 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 withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to abject 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 petitions said City to pay the contractor for constructing said improvements by delivery of special assessment cer• tifieates or special assessment bonds to the contractor against the property of the undersigned. The undersigned further pe~~~ lions said City to pay the contrac-. for for constructing said improve- mets by the issuance and sale of improvement bonds in anticipation of deferred payments of assess- ments when a contract has been performed 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 aforesaid. DORA C. KUNKEL Councilman Moffatt moved that the Petition and Waiver be re• ceived and made a matter oY record. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. PETITION AND WAIVER The undersigned, owner of N. 47' of lot 2 of Kleinschmidt Sub. property abutting upon and adja- cent to Seminary St., 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 sani- tary sewer in Seminary Street from the West Corporation Line to 165' east of the East property line of St. Ambrose St., and does hereby petition said City to enter into a contract forthe construction of said improvement in accordance with and as provided by plans and spe- cifications 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 construc• lion of the improvement as afore- said,the undersigned agrees to pay his proportionate share of the actual cast 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 on a front footage basis and that such assessment shall he and constitute 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 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 '•aw, 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. The undersigned further petitions said City to pay the contractor for constructing said improvements by delivery of special assessment cer- tificates or special assessment bonds to the contractor against the property of the undersigned. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve ments by the issuance and sale 216 Special Session, June 14th, igq.8 of improvement bonds in anticipa- tion 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 made against his property as afore- said. EDWIN T. LEY MRS. LOUISE LEY Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. PETITION AND WAIVER The undersigned, owner of Lot 119, the W, 16' of Lot 118 and the E. 50' OF Lot 118 in Finley's Add. property abutting upon and adja• cent to Seminary, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practi- cable, to proceed with the con- struction of an eight (8) sanitary sewer in Seminary Street Prom the West Corporation Line to 165' east of the East property line of St. Am- brose Street, 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 spe- cifications 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 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 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 in- stallments as provided by law, not withstanding any provisions of the Statute to the contrary. The un- dersigned 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 a.s aforesaid. The undersigned further peti- tions said City to pay the contrac- tor far constructing said improve- mets by delivery of special assess- ment certficates or special assess- ment bands to the contractor against 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 perfm•med and accepted by said City. 1t 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 afore- said. ARTHUR LINDECKER LILLIAN LINDECKER Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Special Session, Jttne 14th, 1948 217 PETITION AND WAIVER The undersigned, owner of Lot 115 in Finley's Add. property abut- ting upon and adjacent to Seminary St., hereby petitions the City Coun• cil of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch sanitary sewer in Semi- nary St. from the West Corpora- tion Line to 165' east of the East property line. of St. Ambrose St., 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 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 coat thereof, including the engineering and inspection ex• penae to the City and the expense of making the assessment sched• ule. It is agreed that the City o4 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 Peti• tion 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 in• stallmenta as provided by law, no! withstanding any provisions of the Statute to the contrary. The un- dersigned 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 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 undersigned. The undersigned further petitions said City to pay the contractor far constructing said improvements by the issuance and sale of improve- ment bonds in anticipation of de- ferred payments of assessments when a contract has been per- formed 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 a- foresaid. JOHN A. LYNESS ELEANOR LYNESS Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec• ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. PETITION AND WAIVER The undersigned, owner of W. 67'4" of S. 100' of Lot 39 in Finley's Addition property abutting upon and adjacent to Seminary St., here- by petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) sani- tary sewer in Seminary Street from the West Corporation Line to lfi5' east of the East prol~• erty line of St. Ambrose St., 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 provid- ed 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 expense of making the assessment sched- 218 Special Session, June 14th, 194$ ule. It is agrees that th City of Dubuque shall cause asses ments to be made against th property of the undersigned in pr portion to the special benefits co (erred on a front footage basis an that such assessment shall be an constitute a lien upon the prope ties of the undersigned for th actual cost of such improvement on and from the date of the accept once of this Petition by the City and the undersigned agrees to pa said assessments in full, either b a lump sum payment or in ten e qual installments as provided by law, not withstanding any provision 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 petitions said City to pay the contractor for constructing said improvements by delivery of special 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 re- leasing the undersigned from his o- bligation to pay assessments made against his property as aforesaid. LLOYD E. NECKER Councilman Moffatt moved that the Petition and Waiver be ro- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, C o u n e i i 4 n Moffatt, Murphy, Thompson, Wharton. Nays -None. e PETITION AND WAIVER s- The undersigned, owner of Lot e 117 in Finley's Add, property abut '' ting upon and adjacent to Seminary n' St., hereby petitions the City Coun• d cil of the City of Dubuque, Iowa, d as soon as practicable, to proceed r with the construction of an eight e (8) inch sanitary sewer in Semi- s nary Street from the Weat Cor- - poration Line to 165' east of the Eaet property line of St. Ambrose Y St., and door hereby petition said Y 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 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 construc• flan 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 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 withstanding any provisions of the Statute to the contrary. The undersigned waives any and al] 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 aforesaid. The undersigned further petitions said City to pay the con• tractor for constructing said im- provements by delivery of special assessment certificates or epecial assessment bonds to the contractor against the property of the under- signed. The undersigned further petitions said City to pay the con- tractor for constructing said im- Special Session, June 14th, 1948 219 provementa 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 re- leasing the undersigned from his obligation to pay assessments made against his property as a• foresaid. VICTOR P. REMY JUANITA E. REMY Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - Noue. PETITION AND WAIVER The undersigned, owner of E. 1.2 of S. 100' of Lot 40 in Finley Addition property abutting upon and adjacent to Seminary 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 sanitary sewer in Semi- nary Street from the West Cor- poration Line to 165' east of the East property line of St. Ambros St., and does hereby petition sae City to enter into a contract fo the construction of said improve ment in accordance with and a provided by plans and specifics flans to be furnished and approve by said City. Said contract to b let and entered into in the manne provided by statute for bids an contracts for sewer work. In consideration of the constru flan of the improvement as afar said, the undersigned agrees to pa his proportionate share of tl actual cost thereof, including t enginoering and inspection e pense to the City and the expen of making the assessmen schedule. It is agreed that tt City of Dubuque shall cause assess- ments to be made against the property 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 proper- ties of the undersigned for the actual cost of such improvements on and from the date of the ac- ceptance 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 pro- vided by law, not withstanding any provisions of the Statute to the con- trary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportion- ate share of the actual cost as aforesaid. The undersigned further petitions said City to pay the contractor for constructing said im- provements by delivery of special assessment certificates or special assessment bands to the contrac- tor against the property of the undersigned. The undersigned further petitions 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 i t order- ing the construction of said im- provements the Resolution of the '' City Council may contain recitals e that. said improvements are order- d ed with or without the Petition of r property owners, without in any way qualifying this Petition or re- s leasing the undersigned from his obligation to pay assessments made u ,against his Property as aforesaid. e ALBERT V. WISE r MADELINE WISE d Councilman Moffatt moved that. o- the Petition and Waiver be re- e- ceived and made a .natter of rec- y ord. Seconded by Councilman re Thompson. Carried by the follow- he ing votc: x- Yeas -Mayor Van Duelman, se C o u n c i l m e n Moffatt, Murphy: t Thompson, Wharton. Nays -Nona. 22o Special Session, June 14th, 1948 June 14, 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 Elwood Huff d-b-a, Huff Lumber Company, United States Fideli- ty and Guaranty Company, No. 61293. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Thompson moved that the bond be approved and placed on file. Seconded by Coun• Gilman Moffatt. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. June 9, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the con- struction of the Kaufman Avenue Trunk Line Sanitary Sewer extend- ing from the intersection of l6ti and White Streets to intersection of Hillcrest Road and Asbury Road, under contract with Mancini, Ven- trella and Sons Company of Chica- go, has been completed. I there- for recommend its acceptance. 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, Mruphv, Thompson, Wharton. Nays -None. June 14, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that the con- struction of a sanitary sewer in York Street from Curtis Street to a point one hundred (100) feet west of the west property line oP South Hill Street, under contract with the M.L. Gaber Construction Company, has been completed, I therefore recommend the accept- ance of this work. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Moffatt 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. (A Resolution Accepting Improve• meat and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 109-48 WHEREAS, the contract for the construction of an eight (8) inch sanitary sewer in York Street from the intersection of York and Cur- tis Streets to a point 100 fees west of the west property line oY South Hill Street has been com- pleted, and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En• gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED THAT THE City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provement bonds issued upon the above described improvement in Special Session, June 14th, 1948 221 amount equal to the amount of his contract, leas any retained percent- age provided for therein. Passed, adopted and approved this 14th day of June, 1948, Approved; 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 a- doption of the resolution. Seconded by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays -None. June 14, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Gandolfo Street from the north curb line of St. Joseph Street to the south curb line of Lombard Street with curb and gutter, under contract with the K and M Construction Company, has been completed. I therefore recommend the acceptance of this work. Respectfully submitted, A. A. RHOMBERG City Manager. 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. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 110--48 WHEREAS, the contract for the improvement of Gandolfo Street from the north curb line of St. Joseph Street to the south curb line of Lombard Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk sub- ject to Public inspection and said Clerk shall upon receipt of such plat and schedule publish the no- tice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale oY improve- ment bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 14th day of June, 1948. Approved: 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: Yeaa -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. There being no further business Councilman Thompson moved to adjourn. Seconded by Council- 22z Special Session, June 14th, 1948 man Murphy. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. J. J. SHEA City Clerk. Approved ............................ 1949. Adopted .................. .., 1949, Councilmen: Attest : ............................................. City Clerk, ~t fy~ };;, Special Sessio ~ 1948 223 City Council (OFFICIAL.) Special Session, June 22nd, 1948. Council met at 3:30 P.M. Present ~ Mayor Van Duelman, Councilmen 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 meeting is called for the purpose of considering bids for the con- struction of the first unit of the Terminal Administration Building at the Municipal Airport including the plumbing and heating, electric wiring, well installation and sew- age disposal system and acting on any other business as may proper- ly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of bids for furnishing all equipment, labor and materials for the construction of the first unit of the Terminal Ad• ministration Building at the Municipal Airport including the plumbing and heating, electric wir- ing, well installation and sewage Disposal system, 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. bids be accepted since they are the lowest and best bide received and contracts awarded as follows: Item 1 (B) Brick Terminal Ad- ministration Building to the Wickes Engineering and Construc- tion Company of Des Moines, Iowa; Item 2 Plumbing and Heating to H. B. McCarten, Dubuque, Iowa; Item 3 -Electric Wiring, Horne and Williams, Dubuque, Iowa; Item 4 -Well Installation to Varner Well Drilling Company of Dubuque, Iowa, and that the bid received for Item 5 -Sewage Disposal System be rejected and the work on this Item done by force account. The combined total of the low bids hereby recommended for a- ward of contracts, except for Item 5, is X62,348.97. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Man• ager Rhomberg be approved sub• ject to concurrence of the Civil Areonautics Administration. Sec- onded by Councilman Moffatt. Car- ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Awarding Contract) RESOLUTION N0. 111-48 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system pur- suant to Resolution N0. 97-48 and Wickes Engineering & Construction Co., of Des Moines, Iowa, contrac- tor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; for item 1 (b) Brick Terminal Administration Building; now, therefore, BE 1T RESOLVED by the City Council of the City of Dubuque that the contract far the above mentioned improvement be award• ed to Wickes Engineering i;C Con- struction Co. of Des Moines, Iowa, and the Manager be and he is Nays - None. June 22, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 2:00 P.M. June 22, 1948 for the construction of the first unit of the Terminal Administration Building at the Municipal Airport, including the plumbing and heating, electric wiring, well installation and sew• age disposal system. Attached is an abstract of the bide received. I recommend that the following 224 Special Session, none ~' 1948 hereby directed to execute a con tract on behalf of the City o, Dubuque for the complete perform ante of said work. BE IT FURTHER RESOLVEI that this resolution being deemet 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 June 22nd, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. Second- ed by Councilman Thompson, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Awarding Contract) RESOLUTION N0. 112-48 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system, pur• suant to Resolution N0. 97-48 and H. B. 1VIcCarten of Dubuque, Iowa, contractor, has submitted the low- est bid for the furnishing of all la- bor and materials and performing the work as provided for in the plans and specifications; for Item 2 -Plumbing and Heating; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to H. B. McCarten of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance 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 June 22nd, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Thompson, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Awarding Contract) RESOLUTION NO. 11318 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system pur- suant to Resolution No. 97-48 and Horne and Williams of Dubuque, Iowa, contractor, has submitted the lowest bid fur the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; for Item 3-Electric Wiring; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Horne and Williams of Dubuque, Iowa, and the Manager be and he fe 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 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 June 22nd, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. 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. 114-48 WHEREAS, proposals have been submitted by contractors Yor the °onstruction of the first unit of :he Terminal Administration Build- 'ng at the Municipal Airport in- ;luding the plumbing and heating, electric wiring, well installation an sewage disposal system, pursuant o Resolution N0. 97-48 and •' 9 'r r 4. '~. r ~" Special Session, ' 1948 22~j Varner Well Drilling Co. of Dubuque, Iowa, contractor, has sub- mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as provi- ded for in the plans and specifica- tions; for Item 4-Well Installa- tion; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Varner Well Drilling Co. of Dubuque, Iowa, ;and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance 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 ou June 22nd, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. Sec• onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 115-1}8 Resolution Adopting and Approv- ing the Execution of an Acceptance of a Grant Offer from the United States of America to the City of Dubuque, Iowa, for the Purpose of Obtaining Federal Aid in the De- velopment of Dubuque Municipal Airport. Be It Resolved by the City Coun• cil of the City of Dubuque: Section 1. That the City of Dubuque shall, for the purpose of obtaining Federal Aid in the de• velopment of the Dubuque Munici- pal Airport, enter into a Grant A- greement with the United States of America by executing an accept- ance of a Grant Offer from the Ad• ministrator of Civil Aeronautics, acting for the United States of America, to the City of Dubuque, Iowa, and that such Grant Agree- ment shall be as set forth herein below. Section 2. That the Mayor of the City of Dubuque, Iowa, is hereby authorized and directed to execute the acceptance of the said Grant Offer in sextuplicate on behalf of the Gity of Dubuque, Iowa. Section 3. That the Grant Agree- ment referred to hereinabove shall be as follows: GRANT AGREEMENT Part I -Offer Date of Offer: June 21, 1948. Dubuque Municipal Airport. project No.: 9.13.020.801 T0: The City of Dubuque, Iowa (herein referred to as the "Spon- sor"). FROM: The United States of Amer- ica (acting through the Admin- istrator of Civil Aeronautics here- in referred to as the Administra- tor) WHEREAS, the Sponsor has sub- mitted to the Administrator a Pro- ject Application dated April 22, 1948,for a grant of Federal funds Yor a project for development of the Dubuque Municipal Airport (herein called the "Airport"), to- gether with plans and specifica- tions for such project, which Pro- ject Application, as approved by the Administrator, is hereby in- corporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for devel- opment of the Airport (herein called the "Project") consisting of the following described airport de- velopment: Constructing administration build- ing including water supply and sew- age disposal system, all as more particularly described in the survey map and Alans and specifications incorporated in the said Project Application: NOW, THEREFORE, pursuant to and for the purposes of carrying out the provisions of the Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Applica- tion, and its acceptance of this Offer, as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided, THE ADMINISTRATOR, FOR AND ON BEHALF OF THE UNIT- ED STATES, HEREBY OFFERS AND AGREES to pay, as the U- 226 Special Session, nited States'share of costs incurred in accomplishing the project, 50 percentum of all allowable project costs, subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $33,950.00 2. The Sponsor shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and (b) carry out and complete the Project in accordance with the terms of this Offer, and the Feder- al Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which Act and Regu- lations are incorporated herein and made a part hereof, and (c) carry out and complete the Project in accordance with the plans and specifications incorpor- ated herein as they may be revised or modified with the approval of the Administrator or his duly au• thorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Project Application incor- porated herein. 4. Any misrepresentation or o• mission of a material fact by the Sponsor concerning the Project or the Sponsor's authority or ability to carry out the obligations assumed by the Sponsor in accept- ing this Offer shall terminate the obligation of the United States and ilia understood and agreed by the Sponsor in accepting this offer that if a material fact has been misrepresented or omitted by the Sponsor, the Administrator on be- half of the United States may re- cover all grant payments made. 5. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 0. This Offer shall expire and the United States shall not be o- bligated to pay any of the allow- able casts of the Project unless this Offer has been accepted by the Sponsor within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorpo- rated herein shall be evidenced by ~~194g execution of this instrument by the Sponsor, as hereinafter provide, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agree- ment shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed un• der the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA THE ADMINISTRATOR OF CIVIL AERONAU• TICS By .................................... Regional Administrator, Region. Part II -Acceptance The City of Dubuque does here "; by ratify and adopt all statements, representations, warranties, cove- ' nants, and agreements contained in the Project Application and in• corporated materials referred to in the foregoing Offer and does here- by accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 22nd day of June, 1948. CITY OF DUBUQUE, IOWA By-FRANK VAN DUELMAN Title-MAYOR. (SEAL) Attest: J, J. SHEA Title: CITY CLERK. CERTIFICATE OF SPONSOR'S ATTORNEY I, John J. Kintzinger, acting as Attorney for City of Dubuque, Iowa do hereby certify: That I have examined the fore- going Grant Agreement and the proceedings taken by said City of Dubuque, Icwa, relating thereto, and find that the Acceptance there- of by said City of Dubuque, Iowa, has been duly authorized and that the execution thereof is in all re- due and proper and in accordance spects due and proper and in ac• cordance with the laws of the State of Iowa, and further that, in my opinion, said Grant Agreement , dine z2nd, Special Session, ~ 1948 ~~7 obligation of the City of Dubuque, Iowa, in accordance with the terms thereof. constitutes a legal and binding Dated at Dubuque, Iowa, this 22nd day of June 1948. JOHN J. KINTZINGER Title-City Solicitor Passed, adopted and approved this 22nd day of June, 1948. FRANK VAN 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. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. 'r RESOLUTION N0. 116-48 t RESOLUTION DESIGNATING i DEPOSITORY TO RECEIVE ' PUBLIC FUNDS FOR FEDERAL AIRPORT PROJECT, DUBUQUE MUNICIPAL AIR- PORT. WHEREAS, the regulations un• t der the Federal Airport Act re- k quires the designation of official, it officials, or depository authorized ~' by law to receive public funds within 10 days after the acceptance of a Grant Offer from the United States, and WHEREAS, under the provisions of Chapter 453, 1946 Code of Iowa, the Dubuque Bank & Trust Co. is legally authorized to receive such public funds, now therefore, s BE IT RESOLVED by the City ~' Council of the City of Dubuque, that the Dubuque Bank and Trust Company is hereby designated de- pository for the City of Dubuque, v Iowa, to receive payments repre- ~; senting the United States' share jF of project costs for Federal airport project, Dubuque Municipal Air• d~ Port. Passed, adopted and approved ~~ this 22nd day of June, 1948. FRANK VAN DUELMAN Mayor, i I 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 Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Murphy moved that the entire proposition submitted by Mr. Ben Arquitt to establish him- self at the New Municipal Airport as fixed base operator be referred to the City Manager, City Solicitor and airport manager to submit their recommendations back to the City Council at the next meeting of the Council. Seconded by Council• man Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None, Gity Manager suggested to the City Council that plans and specifi- cations be furnished by Mr. Niel- sen, Architect, for T-Type Hangar buildings for the New Municipal Airport and submitted to the Coun- cil at their meeting of June 29th, 1948, and that proceedings be then instituted at this meeting for the construction of T-Type Hangars at the New Municipal Airport. There being no further business Councilman Murphy 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 ............................. 1949. Adopted ........... ........... ..... 1949. Councilmen j ...................................... Attest : ............................................. City Clerk. 7~ 29th, 228 Special Session, J1948 City Council (Official) Special Session, June 29th, 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 call and stated that service there- of had been duly made and that this meeting is called for the pur- pose of considering for final adop- tion resolutions awarding contract for the construction of the Ter- minal Building, Plumbing and Heating, Electric Wiring and Well Installation at the Municipal Air• part and acting on any other busi- ness as may properly come before a regular meeting of the City Coun- cil. (Awarding Contract) RESOLUTION N0. 111--48 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system, pur- suant to Resolution No. 97-48 and Wickes Engineering & Construc- tion Co, of Des Moines, Iowa, con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; for Item 1 (b) Brick Terminal Administration Building; now therefore. BE IT~RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Wickes Engineering & Con- struction Co., of Des Moines, Iowa, and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete perform- ance 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 June 22nd, 1948. Passed and adopted this 29th day of June, 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. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Awarding Contract) RESOLUTION N0. 112-48. WHEREAS, proposals have been submitted by contractorx for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system, pur- suant to Resolution No. 97-48 and H. B. McCarten of Dubuque, Iowa, contractor, has submitted the low• est bid for the furnishing of all labor and materials and performing the work as provided far in the plans and specifications; for Item 2 -Plumbing and Heating; now, therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to H. B. McCarten of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete perform- ance 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 June 22nd, 1948. Passed and adopted this 29th day of June, 1948. Special Session, , 1948 229 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. (Awarding Contract) RESOLUTION N0. 113--118. WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Building at the Municipal Ariport, including the plumbing and heating, electric wiring, well installation and sew- age disposal system, pursuant to Resolution No. 97-48 and Horne and Williams of Dubuque, Iowa, contractor, has submitted the low- est bid for the furnishing of all labor and materials and performing the work as Provided for in the plans and specifications; for Item 3-Electric Wiring; 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 Horne and Williams of Dubuque, Io- wa, and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete perform- ance 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 June 22nd, 1948. Passed and adopted this 29th day of June, 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 :he adoption of the resolution. Seo- anded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton: Nays -None. (Awarding Contract) RESOLUTION N0. 11418 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport, in- cluding the plumbing and heating, electric wiring, well installation and sewage dispoasl system, pursuant to Resolution No. 97--48 and Varner Well Drilling Co. of Dubuque, Iowa, contractor, has sub- mitted the lowest bid far the furnishing of all labor and materi- als and performing the work as provided for in the plans and speci- ficaticns; for Item 4 -Well In- stallation; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Varner Well Drilling Co. of Dubuque, Iowa, 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 RESOLVED that this resolution being deemed urgent and of immediate neces• sity become effective from and af- ter its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Passed and adopted this 29th day of June, 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 a- doption of the resolution. Seconded 7unc agtE~i, z3o Special Session, J~1948 by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Mr. Justin Hartzog, City Plan• Wing Consultant, together with the members of the Planning and Zon- ing Commission, addressed the Council and submitted a proposed new route for the extension of Grandview Avenue, said proposed route to continue along Audubon Street and through the Senior High School property on a line a• bout 100 feet east of the present high school building, this extension would be almost a direct line to West Locust Street and on through to Seminary Street. Councilman Wharton moved that City Manager Rhomberg and Mr. Justin Hartzog be instructed to present the new proposed route to the Board of Education for their consideratiou and to submit a report back to the City Council. Seconded by Coun- ci'.man Murphy. Carried by the i following vote: Peas -Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of Kretschmer- Tredway Co., suggesting that the City Council give further study to the problem confronting parking in the Industrial Section and asking Council to consider the one hour or at the outside two hour parking restriction on Ninth Street from Washington Street to Jackson Street, presented and read. Coun- cilman Wharton moved that the communication be referred to the Chief of Police far recommenda- tion and report. Seconded by Coun• Gilman Moffatt. Carried by the fol• lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of Sieg- Dubuque Company suggesting that an investigation be made at ouce of the congested parking condition in the vicinity of Fifth and White Streets and ask that the same be corrected at the earliest possible date, presented and read. Council• man Wharton moved that the com- munication be referred to the Chief of Police far recommendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of Midwest Lum- ber Company asking to have aone- hour parking zone established on the south side of Seventh Street from Jackson Street to Washing• ton Street and also that a 4ifteen• foot loading zone be established, with no parking, thirty feet west of Washington Street on the south side of Seventh Street, presented and read. Councilman Wharton moved that the portion of the com- munication in regard to the park- ing situation he, referred to the Chief of Police for recommenda- tion and report and the portion of the communication in regard to the loading zone be referred to the Council to view the grounds. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of Lenox R. Lohr, asking the Mayor to select a Dubuque Day at the Chicago Railroad Fair, which will be held in Chicago from July 20th to Sep- tember 6th, 1948, and also asking that a local committee be appoint- ed to develop a program for that day, presented and read. Council• man Murphy moved that the com- munication be referred to the May or. Seconded by Councilman Whar• Ig i,, h Special Session, 194g 23t ton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Mr. & Mrs. George Merkert, requesting that they be permitted to erect a steel quonset building on the property located at 323 Monroe Street, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Ace Radio et al re- questing that diagonal parking be permitted on the south side of West First Street between Main and Locust Streets, presented and read. Councilman Wharton moved that tiie petition be referred to the Chief of Police for recommenda- tion and report. Seconded by Coun- cilman Murphy. Carried by the fol• lowing vote: Peas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Ray Hirsch et al, re- sidents and property owners on Kane Street requesting that sewer and water mains be installed on Kane Street from Kaufmann Ave- nue to the City Limits, presented and read. Councilman Murphy moved that a grade be established on said street and that plats and schedules be prepared for the con• struation of a sanitary sewer as re- quested and also for the improv- ing of said Kane Street from Kauf- mann Avenue to the City Limits, Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of Karl Oleson et al in regard to the re-establishing and maintaining of tennis courts at the Grandview Avenue Tourist Park, presented and read. Coun- cilman 1Vlurphy moved that the communication be referred to the Park Board. Seconded by Council- man Wharton. Carried by the fol• lowing vote: Yeas -Mayor Van Councilmen Moffatt, Thompson, Wharton. Nays -None. Duelman Murphy, Petition of D. C. May Construc• tion Co. requesting an extension of time until July 15th, 1948, for the the completion of their contract for the curb and guttering of Dia• mond Street, presented and read. Councilman Murphy moved that the request be granted, providing that the consent of the Bonding Company is secured. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of claim of Lester Muel- ler in the amount of $21.00 far damages received to the top of his car caused by being struck by a ball at Comiskey Field, presented and read. Councilman Wharton moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays -None. DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION 215 Jewett Building Des Moines 9, Iowa June 7, 1948 Honorable Frank Van Duelman Mayor of Dubuque Dubuque, Iowa Subject: Dubuque, Iowa, Municipal Airport Classification My Dear Mayor: On November 4, 1947, the Civil Aeronautics Administration adopt- ed Technical Standard Order No. 6. This Technical Standard Order pertains to the classification oP air- ports for air carrier service. It is intended by this Order to make possible the establishment of the ul- timate size of an airport needed for cities and predetermine the ul- timate length and strength of run- ways to meet these requirements. When these dimensions are once es- ~~ dne 2 h, 232 Special Session, 1948 tablished, it is only reasonable to expect that the a i r c r a f t manufacturers and designers will build airplanes which will fit the airports, thus relieving the owners of airports of the respon- sibility of ever increasing the size of their airports to meet the air- craft requirements. As a result of this Technical Standard Order, we have been mak- ing astate-wide study of the pres- ent and future airport needs of each community. The airport for each community was tentatively classified according to the immedi- ate foreseeable needs of the com- munity, and also the ultimate need. We have classified your city as re- quiring an airport which we, under this Technical Standard Order de- fine "Feeder", and an airport of "Local" to meet the ultimate needs of your community. According to this Technical Standard Order, the definitition of Feeder Airport is: "Airports to serve certified feeder line airlines". Definition of Local Airport is: "Airports to serve small- er cities on airline trunk routes." This type of airport will require runways of 3500' length which will be increased when corrected for al- titude, temperature and gradient, an an ultimate length of 4200', which length would be increased when cor- rected for altitude, temperature and gradient. Classification of your municipal airport has been discussed with your City Manager. Very truly yours, PAUL V. ROBERTS District Airport Engineer. Councilman Wharton moved that the communication be received and made a matter of record. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays -None. Petition of Car] J. Wiederholt et al requesting Chat the city water mains be extended -from the water plug on the corner of Lot 8 to and including Lot 10 of Lennox Addition to a distance of approxi- mately five hundred feet, presented and read. Councilman Murphy moved that the petition be referred to the City Manager, City Solicitor and Water Superintendent for in• vestigation and to submit a report back to the City Council. Second• ed by Councilman Thompson, Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Mrs. Olie M. Wilson requesting permission for the hold- ing of an annual tag day sale, pre- sented and read. Councilman Moffatt moved that the request be granted and the date of said tag sa]e to be the 10th day of July, 1948. Seconded by Councilman Mur• phy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Iane Connor request- ing a refund in the amount of $150.00 on the unexpired portion of her Class "B" beer permit No. 1, expiring April 1, 1949, as she has discontinued business on June 29, 1948, presented and read. Council- man Murphy moved that the re- quest be granted and the City Audi- tor instructed to draw a warrant in the amount of $150.00 in favor of Ione Conner to cover the amount of refund granted on the unexpired portion of her Class "B" beer per- mit No. 1, Seconded by Council- man Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen P.'~offatt, Murphy, Thompson, Wharton. Nays -None. Communication of Wilfred J. Healey, informing Council that a prefabricated house manufactured by GBH-Way Homes, Inc., has been erected at 220 West 32nd Street and is now ready for Council inspection, presented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. Special Session, 1948 233 Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Wright Courtesy Bench Service requesting permis- sion to install and maintain bench- es along the public ways used for public convenience and far adver- tising purposes, presented and read. Councilman Murphy moved that the petition be referred to the Council for consideration. 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 a statement of receipts and also a list of claims for which warrants were drawn during the month of May, 1948, pre• sented 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. PETITION AND WAIVER The undersigned, owner of Lat 102 of Finley's Addition property abutting upon and adjacent to Semi- nary St., hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to pro- ceed with the construction of an eight (8) inch sanitary sewer in Seminary St., from the West Cor- poration line to 165' east of the east property line of St. Ambrose St., 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 ]et and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvment as afore- said,the undersigned agrees to pay his proportionate share of the act- wal cost thereof, including the engi- neering and inspection expense to the City and the expense of making the assessment schedule. It is a- greed 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 alien upon the properties of the undersigned for the actual cast 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 withstanding 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 hits 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 as- sessment certificates or special as- sessment bonds to the contractor against the property of the un- dersigned. The undersigned further petitions 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 oP assessments when a contract has been performed sad 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 hips obligation Co pay assessments made against his property as aforesaid. ALBERT WHARTON H. J. HOFFMANN Trustees. 234 Special Session, J'~~~ ~ t~'i948 Councilman Thompson movei that the Petition and Waiver bE received and made a matter of rec ord. Seconded by Councilman Whar ton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays -None. June 16, 1948. Honorable Mayor and ' Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Magdaline Noel referred to me, I find upon investigation that on May 29, about 8:30 o'clock A.M., claimant was walking diagonally acrosx Washington Park from the southwest corner to the northeast corner and tripped where the side- walk is cracked and a Part thereof higher than the other, fell, broke her glasses and was required to receive medical care to remove shattered glass from her face; that her actual expenses were $26.00 I recommend that her claim be allowed in the sum of $26.00 and that a warrant be issued payable to her order Por $26.00 and de• livered to her upon delivery to the City of a release properly executed by her. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger Ue approved and the a warrant in the amount of $26.00 be ordered drawn in favor of Mag- daline Noel, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays -None. June 23, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Dorothy Mason submitted to me far investigation, I find that on or about June 10, 1948, while walking on the sidewalk in front of the premises at 1348 Central Avenue her foot caught in an iron grate, causing her to fall. That she suffered damages to her glass- es; was required to undergo other expenses. After talking with her she has agreed to accept $15.00 in payment of her claim. I recommend that her claim be allowed in the sum of $15.00 and that a warrant be issued payable to her order for $15.00 and de- livered to her upon delivery to the City of a release properly execu- ted by her. 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 $15.00 in favor of Mrs. Dorothy Mason, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. June 15, 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 May, 1948, also list of claims and list of pay- rolls for which warrants were is- sued for the month of May, 1948. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Murphy moved that the reports be received and placed ~n tile. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ~ttae ~gtti,l 8 35 Special Session, ,~ 94 2 June 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: At the meeting of June 7, 1948, the following petitions were re- ferred to the Council to view the. grounds: that of Carl W. Peterson concerning the dusty condition of the westerly ramp connecting U. S. Highway with South Algona Street; and that of Clarence Hagge et. al. requesting that repairs be made to the alley between lots 57 and 74 of Finley's Add. The Council having viewed the premises decided to order the dust laid on both the easterly and west- erly ramps from U. S. No. 20 to South Algona Street and to order the repair of the alley between lots 57 and 74 of Finley's Add. I recom- mend that the decisions of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sea onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. June 29, 1945. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of May 3, 1948. the following petitions were refer- red to the Council to view the grounds: that of John A. Henschel et. al. requesting preparation of plats and schedules far a sanitary sewer and for the improvement of Dillon Street, and that of C. J. Oliver et. al. requesting resurfac- ing of Valley Street from Mt. Lor- etta to Southern Avenue, opening of catch basins and that a street light be installed at Aspen and Val- ley Streets. The Council having viewed the premises decided to order plats and schedules prepared for sanitary sewer and street improvements on Dillon Street and that repairs be made on Valley Street and that a street light be installed at Aspen and Valley Streets. I recommend that the decisions of the Council be confirmed. Respectfully submitted, 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, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. June 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: At the meeting of May 24, 1948, the following petitions were refer- red to the Council to view the grounds: the offer of $50.00 made by Jahn E. Behlmer for the strip of land adjoining Lot 167 of Fin- ley Add.; that of Karl H Wirzbach et. al. requesting the grading of Buena Vista Street; and that of Mrs. Karl Reuter et. al. requesting the installation of a street light at Sutter and Queen Streets. The Council having viewed the sites decided as follows: to accept the offer of $50.00 for the strip of land adjoining Lot 167 of Finley Add. and to order the necessary proceedings prepared for vacating the portion of the street; to order a plat and schedule prepared for the improvement of Buena Vista Street with curb and gutters and surfacing; and to have a street light installed at Sutter and Queen Streets. I recommend that the de- cisions of the Council be con- firmed. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sea onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. une Zgth; 236 Special Session, 1848 June 29, 1948, To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: On May 10, 1948, you received a communication from the Chief of Police and Mrs. H. N. Luke, Direc- tor of Recreation, concerning the parking problem adjacent to Comis- key playground, which was refer- red to the Council to view the grounds. The Council having viewed the premises decided to prohibit park- ing on the west side of Washington Street from East 24th Street to East 25th Street. I recommend that the decision of the Council be con- firmed by the adoption of the at- tached ordinance. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Mau• ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Ordinance No. 13-48. An Ordi- nance amending "Traffic Code" of the City of Dubuque by establish- ing parking regulations on addi- tional streets and by repealing or- dinances in conflict herewith, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading 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. Councilman Thompson moved that the rules be suspended requir ing an ordinance to be read on three separate days. 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 ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, 'Phompson, Wharton. Nays -None. June 29, 1948. To the Ionorable Mayor and City Council Dubuque, Iowa. Gentlemen: It is becoming increasingly necessary to seek out ways for the relief of traffic congestion. Particularly is this true in the case of the bottle-neck at the intersec- tion of Loras Blvd. and Central Avenue. I recommend that 12th Street be made a Boulevard from Main Street to Elm Street and that the boulevarding of Elm Street be extended southerly to 12th Street and that Jackson Street be made a mare useable thorofare from 12th Street northerly to the city limits. In order to accomplish these pur- poses it is necessary that traffic signals be installed at 12th and Central, at 14th and Jackson and at 20th and Jackson Streets. This will mean that the use of East 12th Street between Central and White as a playground for the Prescott School must be discontinued. This matter has been discussed with the school authorities and they wish to co-operate with the City. However, they are somewhat fear- ful of the danger to small children by having 12th Street thus opened up. They have suggested that an under-pass or over-head for their pupils be considered. Another situation that calls for a remedy is the necessity of a traffic signal at the intersection of West 6th Street and Locust, in order to allow cross traffic an op- portunity to cross the State High- way. I recommend that the City Coun- cil proceed to order the installa- tion of the above four traffic sig• pals and the designation of the recommended boulevards. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Thompson moved :hat the recommendation of City 1lanager Rhomberg be approved tme 2gth, Special Session, 1948 ?37 and that an additional traffic sig- nal be ordered installed at Second and Locust Streets. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. June 29, 1948. '' To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: At the meeting of June 22, 1948, we were instructed to report and to make recommendation concern- ing exclusive pnovisions in leases on the new Municipal Airport on a recaptured clause relating to ten- ant's buildings on the Airport, as well -as the termination of activi- ties on the old Island Airport. (1) We 'recommend that no exclusive arrangements of any nature be in- cluded in any lease on the Munici- pal Airport since they would not be in the public interest. The lease herewith submitted far your consideration contains no ex- clusive arrangements. (2) A re- capture clause with a provision for a proper appraisal of values has been included in the proposed lease. (3) We recommend that the old Island Airport be closed as soon as possible. Services to the public, however, should not be interrupt- ed and the closing of the old Island Airport should be co-ordinated with the beginning of certain ser- vices at the new Municipal Airport. A Resolution accomplishing this purpose is offered herewith for your adoption. Respectfully submitted, A. A. RHOMBERG City Manager. JOHN J. I~INTZINGER City Solicitor. C. P. OLESON Airport Manager. Councilman Wharton moved that the report and recommendation of City Manager Rhomberg, City Sol- icitor Kintzinger and Airport Man- ager Oleson be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Messrs. Linn, Chambers, Turn• quist, Tegeler, Gartner and Holthaus addressed the Council in regard to the closing of the Island Airport and requested that the Island Airport be kept open as an auxiliary Airport. RESOLUTION N0. 117-48 Whereas, the City of Dubuque awarded a contract for the erea tion of the first unit of a Terminal Administration Building on the new Municipal Airport located in Table Mound Township, and Whereas, an Aviation Dealers Lease has been negotiated for the purchase of providing commercial aviation services on the new Munci• pal Airport, and Whereas, it appears that such services will be available in the near future, and Whereas, the City of Dubuque has begun proceedings looking to the erection of storage for pri- vately awned aircraft, and Whereas, it is in the best interest of aviation in this community that activities on the old Island Air- port on East 16th St. Extension in the City of Dubuque be terminated as soon as possible, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that commercial activities on said Island Airport be terminated on August 1st, 1948, and BE IT FURTHER RESOLVED that all leases now on said Island Airport be and the same are hereby cancelled and terminated and that the lesses on said Island Airport be notified of the City's action is cancelling and terminating all ex- isting leases, and BE IT FURTHER RESOLVED that when hangar space for air- craft is available on the new air- port that all operations on said Is- land Airport be terminated and the field closed and the proper authori- ties of the Federal Government notified of such action by the City, and 238 Special Session, ~~~~ 1948 BE IT FURTHER RESOLVED that the City Solicitor be and he is hereby instructed and directed to give all required notices and take whatever legal action is necessary to terminate any and all said lease agreements, and to take any and al] necessary legal proceedings for the eviction of any lessee on said Island Airport. Passed,' adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayer. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J, J. SHEA City Clerk. Goucilman Wharton 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. June 29, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On May 10, 1948 your honorable body in response to a request by Lawrence Clemen and a recom- mendation by the Building De- partment granted permission to erect a Pre•Fabricated home at 1845 University Avenue. This build- ing known as the Homart is being sold by the Sears Roebuck Co. The building is now erected, has bean thoroughly inspected and if the house after inspections by you meets with your approval, I would recommend that blanket permis- sion be given to erect the Homart Homes in the City of Dubuque. Respectfully submitted, DONALD J. BANDY, Building Inspector. Councilman Murphy moved that the communication of Building In- spector Bandy be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ~7ed by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. Proposed Budget for the office of City Assessor for the year 1948, pre- sented and read. Councilman Wharton moved that the proposed budget for the office of the City Assessor for the year 1948 be re- ferred to the Council for considera- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Peas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None, RESOLUTION N0. 118-48 Whereas, Claus Schlichtman has applied to the City of Dubuque re- questing permission for the exten- sion of a sanitary sewer in Wood- worth Street from the manhole in Cottage Place northerly approxi- mately 182 feet to serve Lot 28 of Pleasant View, under certain stipulated 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 Claus Schlichtman for the ex- tension of the sanitary sewer from the manhole in Cottage Place northerly approximately 182 feet to serve Lot 28 of Pleasant View. 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 Claus 5chiichtman 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 Claus Schlichtman and said Claus Schlichtman shall be held respon- sible for any and all damages which may arise out of the con- struction thereof, failure to proper- ly guard the excavations and re- store the street to the condition it was in before the construction be- gan. ttne zgttt, Special Session, 1948 239 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 Claus Schlichtman, his succes- sors or assigns, or depositing in the office of the City Clerk for Claus Schlichtman; the applicant'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 said sewer. Within 60 days after the comple- tion of said sewer applicant shall file with the City Clerk a statement under oath showing an itemized ac- count 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 29th day of June, 1948. FRANK VAN DUELMAN F. W. THOMPSON GEO. It. 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 Wharton. Carried by the following vote: Yeas - N[ a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ACCEPTANCE OF RESOLUTION Claus Schiichtman, having read the foregoing Resolution, and hav~ ing full knowledge of the terms and conditions thereof, hereby accepts the same as adopted, and agrees to comply with all the terms and conditions, and assumes all lia- bilities imposed upon him, includ• ing those set forth in Section 4. Executed this 3rd day of July, 1948. CLAUS SCHLICHTMAN RESOLUTION N0. 119-48 Whereas, J. C. Boland has ap• plied to the City of Dubuque re- questing permission for the exten- sion of a sanitary sewer in West 16th Street from the manhole in Catherine Street westerly approxi- mately 175 feet to serve Lot 19 in Yates Sub., under certain stipulat- ed 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 J. C. Boland for the extension of the sanitary sewer from the manhole in Catherine Street west- erly approximately 175 feet to serve Lot 19 in Yates Sub. 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 J. C. Boland and no Fart 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 J. C. Boland and said J. C. Boland shall be held responsible Yor 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 befora the construction began. Section 5. That after said sani- tary sewer has been constructed all persons living along and adjacent 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 J. C. Boland, his successors or assigns. or depositing in the office of the City Clerk for J. C. Boland; the applicant'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 a- mount to be paid by applicant ex- ceed the amount that may be levied under law for the construction of said sewer. Within 60 days after ~~~I~ unt 2gth, ~4o Special Session, 1948 the completion of said sewer appli- cant shall file with the City Clerk a statement under oath showing an itemized account of the cost. thereof. Section 0. 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 29th day of June, 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. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ACCEPTANCE OF RESOLUTION J. C. Boland, having read the foregoing Resolution, and having Lull knowledge of the terms and conditions thereof, hereby accepts the same as adopted and agrees to comply with all the terms and conditions, and assumes all liabili- ties imposed upon him, including those set forth in Section 4. Executed this 29th day of June, 1948. J. C. Boland RESOLUTION N0. 120-48 Whereas, Loras College has ap- plied to the City of Dubuque re- queating permission for the exten• sion of a sanitary sewer in Blake Street from the manhole in Kirk- wood Street southerly approximate- ly 300 feet to serve the north 31 feet of Lot 65 of A. P. Mood's Addition, under certain stipulated conditions. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That permission be, 2nd the same is hereby granted to Loras College for the extension of the sanitary sewer from the man- hole in Kirkwood Street southerly approximately 300 feet to serve the north 31 feet of Lot 65 of A. P. Wood's Addition. 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 th.e City Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by Loras College 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 Loras College and said Loras College shall be held responsible for any and all damages which may arise out of the construction thereof, failure to properly gaard the exca• vations 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 horas College, its successors or assigns, or depositing in the office of the City Clerk for Loras Col- lege; the applicant's proportionate part of the cost of constructing said sewer based on the lineal front- age of his property abutting on said street, but in nn event shall the amount to be paid by applicant exceed the amount that may be levied under law for the construc- tion of said sewer. Within 60 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. I~ f is t ~1~e 2gt~i, Special' Session, J 1948 '41 Passed, adapted and approved this 23th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. lt. 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 Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. ACCEPTANCE OF RESOLUTION Loras College, having read the Yoregoing Resolution, and having full knowledge of the terms and conditions thereof, hereby accepts the same as adopted, and agrees to comply with all the terms and conditions, and assumes all liabili- ties imposed upon them, including those set forth in Section 4. Executed this 6th day of July, 1948. LORAS COLLEGE, Per L. P. Craney, Business Manager. Resolution No. 121-48. Prelimi• nary approval of plans, specifica- tions, form of contract, coat of improvement and all other docu- ments for the construction of the Jackson Street Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the cen- ter of Diamond Street; thence on the center line of Diamond Street to the east property line of Cen- tral Avenue; thence along the east sidewalk line of Central Avenue to a point 205.3 feet north of the center of Diamond Street, pre- sented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Necessity for improvement.) RESOLUTION N0. 122-48. WHEREAS, proposed plans; specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The size and kind of sewers. 2. An estimate oY the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used for the construction of the Jackson Street Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street; thence on the center line of Diamond Street to the east property line of Central. Avenue; thence along the east side- walk line of Central Avenue to a point 205.3 feet north of the center of Diamond Street. BE IT THEREFORE RESOLVED that the City Council on its owr. motion or upon petition of property owners, deems it advisable and nec- essary for the public .welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu• lion have on file with the City Clerk objections to the amount of the proposed improvement, 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 which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement shall be paid out of the sewer fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT W$ARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. une 2 24? Special Session, 1948 Councilman Thompson moved that the resolution be approved sad placed on file for final action. Sec- onded by Councilman Murphy. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Fixing date of hearing) RESOLUTION N0. 123-48 WHEREAS, the City Council of The City of Dubuque, Iowa, has by Resolution No. 121-48 given its preliminary approval on the pro• posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of the Jackson Street. Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street; thence on the center line of Dia- mond Street to the east property line of Central Avenue; thence a- long the east sidewalk line of Central Avenue to a point 205.3 feet north of the center of Diamond Street, and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RE- SOLVED that on the 19th day of July, 1948, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the own- ers of property may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same limo to the boundaries of the proposed district, to the cost of the improvement, and to the passage of the proposed Resolr- tion of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper. pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far its consideration and unless property owners at the time of final consideration of said resolu• lion have on file with the Clerk objections to the amount of the pro- posed improvement they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 29th day of June, 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. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen MoYYatt, Murphy, Thompson, Wharton. Nays -None. Resolution No. 124-48. Prelimi- nary approval of plans, specifica~ lions, form of contract, plat and schedule and all other documents for the improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line oY Cardiff Street, estimated cost $11,202.76, presented and read. Councilman Wharton moved the a- doption of the resolution, Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Necessity far improvement.) RESOLUTION N0. 125-4B. WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office oY the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2, The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assessed together with a valua- tion fixed by the Council, Special Session, 1948 5, An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of materi- al to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street. BE I'P THEREFORE RE• SOLVED that the City Council on its own motion or upon petition of property owners, deems it. ad- visable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners ai the time of the final consideration of this pro• posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objectiohs thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon auc. against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid cut of the general fund, improve- ment funds or sewer funds, or part- ly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was iut.ro- duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1948, Approved and placed on file far final action. Approved: 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 that the resolution be approved and placed on file for final action. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas - NI a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, 1Vhartar.. Nays -None. (Fixing date of hearing) RESOLUTION N0. 126-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution N0. 124-48 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk, for public inspection, for the improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street, and, WHEREAS, the proposed Reso- lution of Necessity for said im• provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RE- SOLVED that on the 19th day of July, 1948, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the im- provement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper pub- w 244 Special Session, one 2 h, 1948 lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the. day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived al) objec- tions thereto, at which hearing the Council will hear such objections and enter an record its final de- cision thereon. Passed, adopted and approved this 29th day of June, 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 Murphy. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays -None. Resolution No. 127-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the improvement of Balke Street from the north property line of Strauss Street to the south property line of Groveland Place, estimated cost $13,470.49, present- ed and read. Councilman Wharton moved the adoption of the resolu- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duehran, Councilmen Moffatt, Murphy, Thompson., Wharton. Nays -None. (Necessity for improvement.) RESOLUTION N0. 128-8 WHEREAS, proposed plan,, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount.there- of which is estimated to be assessed against each lot, for the improvement of Balke Street from tha north property line of Strauss Street to the south property line of Groveland Place. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad- visable and necessary for the public welfare to make the herein inentioned improvement, and un- less property owners at the time of the final consideraton of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifica- tions which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said im- provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the a- mount provided by law, property will be assessed whether the same abuts thereon or .s adjacent there- to according to area and in pro- portion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. !9 June 2gtli, Special Session, 1948 245 The above resolution was infra doted, approved and ordered placed on file with the City Clerk this 29th day of June, 1948. Approved: 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 that the resolution be approved and placed on file for final action. Sea onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Fixing date of hearing) RESOLUTION N0. 129-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 127-48 given its preliminary approval on the pro posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Balke Street from the north property line of Strauss Street to the south property lino of Groveland Place, and, WHEREAS, the proposed Resolu- tion of Necessity far said improve- ment has been introduced and is now ou file in the City Clerk's of- fice for public inspection. BE IT THEREFORE RE• SOLVED that on the 19th day of July, 1943, a public hearing will be held at 7:30 o'clock P.M. fu the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed itn• provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the im- provement, to the amount proposed to be assessed against any lot and to the passage of the proposed Res- olution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished itt some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final con• sideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objeo- lions thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 29th day of June, 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 Murphy. Car- ried by the following vote: Yeas - i1i a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Resolution No. 130-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the improvement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, estimated cost $9,696.11, presented and read. Councilman Murphy moved tl:e 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. RESOLUTION N0. 131-48 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: une 2: '°' ~~-a~ 246 Special Session, J~1~ lgg8 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be assessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed :mprovement. 6. In each case the amount there- of which is estimated Co be assess- ed against each lot, for the im- provement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the Cinal consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived aR objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special. benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1948. Approved: FRANK VAN DUELMAN Mayor. F, W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved that the resolation be approved and placed on file for final action. Sec- onded by Councilman Murphy. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Fixing date of hearing) RESOLUTION N0. 132-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 130-48 given its preliminary approval on the pro- posed plans; specifications and Form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RE- SOLVED that on the 19th day of July, 1948, a public hearing will be held at 7:30 o'clock P.M, in the Councfl Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the im- provement, to the amount proposed to be assessed against any lot and to the passage of the proposed june Zgth, Special Session, 1948 247 Resolution of Necessity and tl~e City Clerk be and he is hereby di• rected to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final con• sideration of said resolution have on fife with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objer,- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 29th day of June, 1948. FRANK V-AN DUELMAN Mayor. F, W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W, W. N1OFFATT Councilmen. Attest: J. J. SHEA City Clerk. Comicilman Thompson 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. Resolution No. 133-48. Prelimi- nary approval of plans, specifica- tions, form of contract and all other documents for the construc- tion of 16 units of multiple "T" Hangars for the Municipal Airport, presented and read. Councilman Murphy moved the adoption of the resolution. Seconded by Council• man Thompson. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 134-48 tit'HEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 133-48 given its preliminary approval of Lhe pro- posed plans, specifications and form of contract and placed the same on file in the office of the City Clerk for public inspection for the conatructfon of sixteen units of multiple T-hangars at the Municipal Airport: NOW, THERE- FORE, BE IT RESOLVED that on the 19th day of July, 1948, a public hear- ing will be held at 7:30 o'clock P.M. in the Council Chamber in the City Hall at which time and place any and all persons interested may appear and make objection to the proposed plans, specifications, con- tract for or cost of the improve- ment. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in the official newspaper at least ten days before said hearing, at which hearing the Council will hear any objections and any evidence for or against the same and enter on record ito decision thereon. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. ~W. THOMPSON GEU. R. MURPHY ALBERT WHARTON W, W. bIOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas - 117 a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, 1Vharton. Nays -- None. RESOLUTION N0. 135--48 BE iT RESOLVED by the City Council of the City of Dubuque, Iowa, that pursuant to Resolution No. 133-48 which was duly passed by this Council providing for the construction of sixteen units . of multiple T-hangars at the Municipal Airport, be and the same are hereby ordered constructed by this Council upon its own motion. All the work shall be constructed according to the plans and specifi- cations heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Citity Clerk be and he is hereby ordered and directed )une :';tt,; 248 Special Session, ~ 1948 to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law and said improvements shall be com- pleted within 90 working days from the date of commencement which shall be specified in a written notice to proceed by the City Man- ager. BE IT FURTHER RESOLVED that this Resolution being deemed urgent and of immediate necessity shall he in force and effect from and after its adoption by the City Council. Passed, adapted and approved this 29th day of June, 1948. FRANK VAN DUELNIAN 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. RESOLUTION N0. 136~i8 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating io the sale of cigarettes within the Ctiy 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 Alford Finch, 1347 Central Ave. KlauerJulien Hotel Co., 2nd & Main Streets. Paul J. Meyer, 532 East 22nd St. Ernest Latham and Myrtle Latham, 892 Cleveland Avenue. A. h. Uppinghouse, 238-240 West 6th Street. Henry J. Scherr and James J. Scherr, 1198 White Street. John M. Thompson & Clarence E. Thompson, 210 West 1st Street. Dubuque Lodge No, 356, Loyal Order of Moose, 1379 Central Avenue. Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets. Thomas F. McDonough and Ruth McDonough, 1052 University Ave. Daniel McDonald, 216 West 1st Street. Mrs. Kate Capretz and Wm. Lembke, 2595 Rhomberg Avenue. John J. Baumgartner and John M. Baumgartner, 1543 Central Ave. The Great Atlantic & Pacific Tea Co., 13th & Iowa Streets. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street. Dubuque Metal Trades Council Club, 111 West 6th Street. Levi J. Roach, 330 Main Street. George Deyoe, 669 Main Street. Vincent B. Schwartz, 1106 Wal- nut Street. Morris B. Flick, 5 Eigth Avenue. Frank H. Berntgen, 2186 Central Avenue. Diamond's Grill, Inc., 900-910 Main Street. James M. Kane, 1205 Cleveland Avenue. Harold A. Cosiey and William W. Cosley, 1121 University Avenue. John Schaetzle, 2162 Central Avenue. Angela E. Martin, 280 Locusi Street. Irvin G. Hessel and William H. Potter, 2678 Central Avenue. Veterans of Foreign Wars Club, 1201 Central Avenue. Navy Club of Dubuque, Ship No. 67, 2417-23 Rhomberg Avenue. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Millard Poquette and Raymond Syke, 923 Main Street. John G, Corbett, 90S Rhomberg Avenue. Louis Anthoine, 119 West 6th Street. Jahn Glynn and Helen Glynu, 659 Centro] Avenue. Marie Ernst and Dorothv Arthofer, 701 Central Avenue. Niike Sand and Marie Sand, 2498 Central Avenue. Leonard P. Bertsch (Merchants Hotel), 304-326 Main Street. Tenenbom's Super Market, Inc., 630 Locust Street. Andrew D. Karigan, 720 Main St. Andrew D. Karigan, 401 Central Avenue. Orville P. Murphy, 435 Central Avenue. ~~ ~` fL I June tgtti, Special Session, 1948 249 Joseph J. Siege, Jr., & Ferdi- nand W. Kenniker, 2401 Windsor Avenue. Fred Herber and Annabelle Herber, 2108 Central Avenue. John F. Tench and Vincent W. Mescher, 1233 Rhomberg Avenue. Ben A. Bogue, 3198 Central Ave. Roy Grammer and Res Rrammer, 1306 Delhi Street. Kermit Meyers and Thomas Lilly, 714 Main Street. Harry Murphy and Dorothy Mur- phy, 1097 Jackson Street. Millard Poquette and Clifford G. Harker, 951 Main Street. R'alter Mengis, 1618 Central Ave. Ione Miller and Glen Miller, 1325 Central Avenue. Sidney J. Tyrrell and Eugenia P. 'Tyrrell, 1564 Central Avenue. Gilbert J. Nicks and Josephine Nicks, 201 East 22nd Street. Frederick Landolt, 690 West Locust Street. William Savory and Viola Savory, 827 Dodge Street. George Ragatz, Jr., 1996 Cen- tral Avenue. Joseph C. Schneider, 2900 Cen- tral Avenue. George J. Zillig, 235 West 9th Street. National Tea Company, 1604 Cen- tral Aveuue. National Tea Company, 896-898 Main Street Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue. Joe Harris, 2117 University Ave. Walgreen Company, 813 Main St. Arthur H. Eichman, 2119 Rhom- berg Avenue. Donald C. Moes and Leo J. Weber, 698 Central Avenue. Mrs. Marie Clancy, 177 Main Street. Clifford Calvert and Bertha Cal- vert, 185 Main Street. Tom J. Hickey and John 3. Hickey, 55 Locust Street. Loras College, 655 Loras Blvd. Albert G. Peryon, 267 Eighth Ave. Peter Klauer, 2700 Jackson St. Fred C. Potterveld and Winifred S. Potterveld, 1687 Delhi Street. Earl J. McNamara, 1046 Univer- sity Avenue. Hartig Drug Company, 730 Main Street. Hartig Drug Company, 2376 Cen- tral Avenue. Hartig Drug Company, 97 Locust Street. Page Hotel Company, 73-75 East 4th Street. Gus L. Manternach, 1105 Loras Blvd. John J. Ludescher, 1897 Semi- nary Street. George C. Kruse, 2418 Centro{ Ave. John Henkel and Alma Henkel, 2222 Central Avenue. R. D. Hughes, 1006 Central Ave. Anton Fortmann Co., 253 Main Street. William Trimpler, 1563 Central Avenue. Otto J. Dunbar, 2401 Jackson Street. , Nick F. Wathier and Nlarie A. Wathier, 67S Central Avenue. M. J. Ludwig, 1545 So. Grand- view Avenue. Wm. C. Leik, 501 Rhomberg Ave. B. A. Ruegnitz, 629 Rhomberg Avenue. Jack Soloman, 555 Main Street. Arthur J. Trapp, 1266 Central Avenue. Ray Irwin and Paul Megonigle, 101 Nlain Street. John J. Haley and Fay H. Haley, J.298 Main Street. Ernest W. Pfalzgraf, 1300 Cen- tral Aveuue. Milton Fink, 3165 Central Avenue. Dubuque Cycle Club, 720 Iowa Street. Roshek Brothers Company, 700- 798 Locust Street. United Cigar-Whelan' Stores Corporation, 805 Main Street. Mrs. Josephine Burke, 1091 Main Street. Arthur Apel, 1176 Iowa Street. John Grutz and Clara Grutz, 2991 Central Avenue. John Nleisenburg and Carl E. Blosch, 450 West Locust Street. Lester Shetler and Sylvester Shetler, 1638 Central Avenue. James P. Kachevas, 493 Main St. Mrs. Margaret Barrington, 244 West 1st Street. North End Choral Club, 2774- 2776 Jackson Street. Lawrence Schwartz, 500 Rhom- berg Avenue. J. Louis Spielman and Susan Spielman, 601 Rhomberg Avenue. Clarence J. Bowen and Robert L. Hanson, 1590 Elm Street. Leo M. Kraus, 1096 Central Ave. B.P.O.E. Lodge No.297, 7th & Locust Streets. une ~cjtii; 250 Special Session, 1948 Joseph Collins, 397 East 20th St. Joseph J. Ott, 2003 Washington Street. Carl Van Duelman, 590 Semniary Street. George Kanavas, 1689 Elm Street. Union League Club, 400 Iowa St. Audrey J. Fesler, 553 Eight)j Avenue. Oasis Club, 998 Central Avenue. Mrs. Rosemary Hird, 2220 Univer- sity Avenue. Phillip Mihalakis, 800 East 16th Street. Merlin Apel, 1195 Dodge Street. Russell G. Kissling, 1586 Delhi St. Ann Burke and Mrs. R. F. Trapp, Mercy Hospital, James & Peabody Streets. Harry A. Rawson, 342 Main St. Triangle Cafe, 926 Main Street, Frank W. Thompson and John F. Thompson, 250 West 1st Street. Ray Hutchins and Paul A. Leonard, 239 West 6th Street. W. C. Crahan, Cor. Dodge & Bluff Streets. George J. Scherer, 1187 Iowa St. Wm. E. Wadrich, 1101 Rhomberg Avenue. Hiawatha Club, 576 Central Ave. Ray J. Nicks, 521 East 22nd Street. Henry Torrey, 205 Kaufman Ave. Fraternal Order of Oricles, 1600 Central Avenue. Hawkeye Lodge of City of Dubuque, Iowa, 1382 Central Ave. Mrs. Anna Heiar, 1900 Washnig• ton Street. John E Noel and June Noel, 2400 Central Avenue, Clifford Steffen and Helen Stef- fen, 1046 Central Avenue. William Maas and Elizabeth Maas, 1401 Elm Street. Dr. Pepper Bowling Lanes Club, 880 Locust Street. Zeno A. Tranel, 598 Main Street. George Miller, 400 Central Avenu Thos. R. Peed and Raymond G. Wunder,L36 West 7th Street. Sylvester Weiner and Dolores Weiner, 201 East 22nd Street. George Lanser and Helen Lanser, 3165 Central Avenue. Joseph Hillard and Bernice Hil- lard, 431 Rhomberg Avenue. Wm. Wagner, 1501 Rhomberg Avenue. Roy A. Wright, 2600 Jackson St. Frank J. Pusateri, 1296 Central Avenue. Central Avenue. John C. Beck, 1501 Central Ave. Theodore T. Kies, 1362 Central Avenue. John P. Manders, 2541 Central Avenue. N. J. Kopp, 253 East 21st St. Mrs. Wilma Gloeckuer, 343 Eigt): Avenue. Louis J. Winkler, 626 Central Avenue. Melvin C. Lynn, 424 West Locust Street. Victory Club, 326 Main Street. Merlyn L. Weber, 1904 Central Avenue. Francis O'Toole and Arlene. Pauly, 280 Main Street. American Legion, Dubuque Post No.6, 494 Main Street. Amy Haley, 815 West 5th Stree#. Charles Pochter and Ruth Pochter, 342 Eigth Avenue. Peter Petrakis, 1401 Central Ave. Leo A. Booth and Alice E. Booth, 560 Nevada Street. Vincent J. Hogan, 231 West 2nd Street. 6Vm. Vnn der Meulen and Sophie McMann, 2327 Central Avenue. George Westercamp, 1399 Jaek- son Street. Henry L. Kress, 731 Rhomberg Avenue. Fred H. Cooper and Leo V. Cun- ningham, 250 West 6th Street. Kenneth Ring and Louis A. Ring, 1500 Oentrai Avenue. Louis A. Ring, 155 West 11th St. Dolores Chapman and Thelma Mardauss, 349 Eighth Avenue. Ralph W. Pankratz, 1091 WhitA Street. Anthony Schmit, 1048 Main St. Hollywood Grill, 500 Main Street. Clarence C. Buelow, 1555 So. Grandview Avenue. Joseph L. Wingert and Joseph- ine Wingert, 400 Rhomberg Ave. Dubuque Packing Company, 16th and Sycamore Streets. Frank M. Kelly and Francis E. Ke11y, 10't5 Dodge Street. American Veterans of World War II, Dubuque Post No.3 (Am..- vets), 429 Main Street. Dale Duncan, 132 Eigth Avenue. 'Mrs. Florence Helmer, 3203 Jack- son Street. Earl T. Avery, 1602 Lincoln Ave. Peter J. Apel, 265 West 1st St, William White, 1995 Asbury St. J. F. Stampfer Company, 80~ Nlain Street. II4~ iP 4 une E9th, Special Session, 1948 251 A. J. Ender, 534 Rhomberg Avenue. A. J. Ender, 1703 Maple Street. Robert A. Lange and John D. Paine, 2616 Windsor Avenue. Alfred Hedley and Lillian Hedley, 579 Eigth Avenue. ' Frank Klein and Anna Klein, 600 Central Avenue. Frank Sand and Elsie Sand, 2364 Washington Street. Raymond McLaughlin, 115 East 22nd Street. Isadore and Dorothy Blum, 2412 Central Avenue. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Leo P. Manahl, 785 Groveland Place. Clarence Pregler, 2403 Central Avenue. Mary Abersold, 120 West 4th St. Robert J. Bowen, 1105 Univer arty Avenue. Harry Kopple, 1098 University Avenue. The Rex Club, 127 West 6th Street. Stanley Meis, 605 West Locust Street. Robert McFarlane, 1798 Centrai Avenue. Robert E. Sullivan, 620 So. Grandview Avenue. Harold A. Casey, 655 Seminary Street. Hazel Bradberry, 2026 Central Aveuue. Raymond M. Galliart and Evelyn N1. Galliart, 1405 Dodge Street. Clarence J. Pfeiffer, 1555 Cen- tral Avenue. Paul J. Glancy, 241 Main Street. Disabled American Veterans Club of Dubuque, Iowa., 951 1-2 Main Street. Fred Weiner, 1101 White Street. Ellas Ntihalis, 574 East 16th St. Arthur W. Pins, 408 West Locust Street. William Hochberger, 1701 Asbury Street. Charles Falkenhainer, 1097 Uni- versity Avenue. George P. Arvanitis, 1958 Central Avenue. Melvin H. Maas, 700 East 16th Street. Frank Reis, 509 Eigth Avenue. John M. Kane, 29 Eigth Ave. Louis Bournias and Rhea Bournias, 2284 University Avenue. NIyrtle A. Chapman, 53 West 12th Street. William L. Johanningmeier, 1879 Central Avenue. John J. Ward, 1876 Central Ave. Thomas E. Nacos, 1598 Jackson Charles S. Dugan, 390 East 12th Street. Arthur F. Herber and Theresa Herber, 2319 Prince Street. Steve Cole, 402 Main Street. Martin Meyer and Vernon Meyer, 530 East 22nd Street. Leo F. Link. 1487 Central Ave. Dell Warren and Ralph Warren, 1700 Central Avenue. Melvin B. McDonough, 305 Eigth Avenue. Wm. F. Barrington and Walter J. Duccini, 176 Locust Street. Paul C. Wright, 2987 Jackson St. Charles T. Snyder and Elsie Snyder, 543 Eighth Avenue. Joseph Walsh, 21 West 7th St George T. Vrotsos and Spiros D. Coven, 605 Main Street. ltod and Gun Club, 1103 'rows St. Harry J. Smith, Sr., 2239 Univer• arty Avenue. Bert Zelens, 401 Main Street. Eugene McCann, 802 Iowa Street. Mildred M. Schaller and Clara R. Schaller, 378 Main Street. Louis O'Meara, 1655 Delhi Street. Frank J. Paar, 1828 Central Ave. Myron C. Vincent, 1875 Univer- sity Avenue. Luxemburg Club of Dubuque, 1862 Central Avenue. Edmund N. Manders, 1001 Rhom- berg Avenue. Arnold B. Osterhoff, 1415 Rhom- berg Aveuue. Oruro A. Alba, 2601 Jackson St. Joseph A. Paradiso and Frank Paradiso, 1142 Iowa Street. Harry N. Gantert, 1301 Rhomberg Avenue. R. Daniel Winders, 2204 Central Avenue. Opal Gilmer, 310 East 30th St. Anna Hamilton, 1080 University Avenue. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. this 29th day of June, 1948. FRANK VAN DUELMAN Passed, adopted and approved Mayor. F. W. THOMPSON GEU. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. June t9tti, ~S~ Special Session, •~ 1948 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. RESOLUTION N0. 137-48 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be granted 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 Walter Mengis and Mathilda Mengis. 1618 Central Avenue. Andrew D. Karigan, 720 Main St. Mrs. Kate Capretz and Wm. Lembke, 2595 Rhomberg Avenue. Daniel McDonald and Loretta McDonald, 216 West 1st Street. Jahn Meisenburg and Carl E. Blosch, 450 West Locust Street. George Kanavas, 1689 Elm St. Fred Herber and Annabelle Herber, 2108 Central Avenue. Albert M. Meyer, 779 Iowa St. Harold A. Cosley and William W Cosley, 1121 University Avenue. John M. Thompson and Clarence E. Thompson, 210 West 1st Street. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue. Klauer-Julian Hotel Co., 2nd &. Main Streets. William Savory and Viola Savory, 827 Dodge Street. Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue. R. D. Hughes, 1006 Central Ave. Mike Sand and Marie Sand, 2498 Central Avenue. Joh^ J. Haley and Fay H. Haley, 1298 Main Street. George J. Zillig, 234 West 9th St. James P. Kachevas, 493 Main St Clifford Steffen and Helen Steffen. 1046 Central Avenue. Anton Fortmann, 253 Main St George Westercamp, 1399 Jack- son Street. George J. Scherer and Emma Scherer, 1187 Iowa Street. Harry A. Rawson and Grace Rawson, 342 Main Street. William Maas and Elizabeth Maas, 1401 Elm Street. Donald C. Moss and Leo J. Weber, 698 Central Avenue. Joseph L. Wingert and Joseph- ine Wingert, 400 Rhomberg Ave. Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Ave. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. George Lanser and Helen Lanser, 3165 Central Avenue. Charles Pochter and Ruth Poch- ter, 342 Eigth Avenue. Frank Sand and Elsie Sand, 2364 Washington Street. Thomas R. Peed and Raymond G. 1Vunder, 236 West 7th Street. Raymond McLaughlin, 115 East 22nd Street. Frank Klein and Anna Klein, 600 Central Avenue. William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue. Dale Duncan, 132 Eighth Avenue. Isadore Blum and Dorothy Blum, 2412 Central Avenue. Melvin H. Maas, 700 East 16th Street. John M. Kane, 29 Eighth Ave. Charles S. Dugan and May E. Dugan, 390 East 12th Street. Anna Hamilton, 1080 University Avenue. Cxlen Miller and Ions Miller, 1322 Central Avenue. John E. Kringle, 64 Locust St. CLASS "B" PERMIT FOR PRIVATE CLUB NAME AND ADDRESS Longview Ski Club, 34.36 Wesl 4th Street. The American Legion, Dubuque Post No.6, 494 Main Street. Benevolent & Protective Order of Elks, Dubuque Lodge No.297, N.W. Cor. 7th & Locust Streets. Fraternal Order of Orioles, Dubuque Nest No.11, 16th & Cen- tral Avenue. The Dubuque Club, 9th & Main Streets. Veterans of Foreign Wars, Inc., Leo A. Schwind Post No.508, 1201 Central Avenue. Dubuque Cycle Club, 720 Iowa Street. The Rex Club, 127 Weat 6th St. Fraternal Order of Eagles, Aerie No.568, 6th & Locust Streets. CLASS "C" PERMIT Harold A, Casey, 655 Seminary Street. bane tgth, 1 8 53 Special Session, ~~ 94 Roshek Bros. Company, 700-798 Locust Street. Vincent J. Hogan, 231 Westi 2nd Street. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Otto J. Dunbar, 2401 Jackson St. Arthur W. Pins, 408 West Locust St Passed, adopted and approved this 29th day of June, 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. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 138-118 W"HEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have Ueen inspecied 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- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following na!ned applicants a Beer Permit. CLASS B" PERMIT ATAME AND ADDRESS Walter Mengis and Mathilda Mengis, 1618 Central Avenue. Andrew D. Karigan, 720 Main St. Mrs. Kate Capretz and Wm• Lembke, 2595 Rhomberg Avenue. Daniel ID1cDonald and Loretta McDonald, 216 West 1st Street. John 1vIeisenburg and Carl E. Blosch, 450 1Vest Locust Street. George Kanavas,16S9 Elm Street. Fred Ilerber and Annabelle Herber, 2105 Central Avenue. Albert M. Meyer, 779 Iowa Street. Harold A. Cosley and William V, Cosley, 1121 University Avenue. John M. Thompson and Clarence E. Thompson, 210 West 1st Street. Fra!!k H. Berntger. and Marion Berntgen, 2186 Central Avenue. Klauer--Julian Hotel Co., 2nd & Main Streets. William Savory and Viola Savory, 827 Dodge Street. I,eo M. Sadler and Dorothy Sadler, 2600 Central Avenue. R. D. Hughes, 1006 Central Ave. Mike and Marie Sand, 2498 Central Avenue. John J. Haley and Fay H. Haley, 1298 Main Street. George J. Zillig, 234 West 9th St. James P. Kachevas, 493 Main at. Clifford Steffen and H e l e n Steffen, 1046 Central Avenue. Anton Fortmann, 253 Main St. George Westercamp, 1399 Jack- son Street, George J. Scherer and Emma Scherer, 1187 Iowa St. Harry A. Rawson and Grace Rawson, 392 Main Street. William Maas and Elizabeth Maas, 1401 Elm Street. Donald C. Moes and Leo J. Weber, 698 Central Avenue. Joseph L. Wingert and Joseph• ins Wingert, 400 Rhomberg Ave. Clarence C. Buelow and Adele Buelow, 155 So. Grandview Ave. Wm. Van der Meulen and Sophie McMaun, 2327 Central Avenue. George Lanser and Helen Lanser, 3165 Central Avenue. Charles Pochter and Ruth Pochter, 342 Eighth Avenue. Frank Sand and Elsie Sand, 2364 Washington Street. Tho!nas R. Peed and Raymond G. Wunder, 236 West 7th Street. Raymond McLaughlin, 115 East 22nd Street. Frank Klein and Anna K1ein,600 Central Avenue. William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue. Dale Duncan, 132 Eighth Avenue. Isadore Blum and Dorothy Blum, 2412 Central Avenue. Melvin H. Maas, 700 East 16th Street. Jahn M. Kans, 29 Eighth Avenue. Charles S. Dugan and May E. Dugan, 390 East 12th Street. Anna Hamilton, 1080 University Avenue. Glen Miller and Ions Miller, 1322 Central Avenue. ~'une sgtt; 25~ Special Session, J~ 1948 CLASS "B" PERMIT FOR PRIVATE CLUB NAME AND AllDRESS The American Legion, Dubuquo Post No.0, 494 Main Street. Benevolent & Protective Order Car. 7th & Locust Streets. Fraternal Order oP Orioles, Dubuque Nest Noll, 10th & Ceu- tral Avenue. The Dubuque Club, 9th & Main Veterans of Foreign Wars, Inc., Leo A. Schwind Past No.508, 1201 Central Avenue. Dubuque Cycle Club, 720 Iowa Street. The Rex Club, 127 West 6th St. Fraternal Order of Eagles, Aerie No.568, 6th do Locust Streets. CLASS G" PERMIT Harold A. Casey, 655 Seminary Street. Roshek Bros. Company, 700-798 Locust Street. Vincent J. Hogan, 231 West 2nd Street. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Otto J. Dunbar, 2401 Jackson Street. Arthur W. Pins, 408 West Locust Street. BE IT FURTHER RESOLVED that the bonds filed by such agpii- cants be and the same are hereby approved. Passed, adapted and approved. this 29th day of June, 1948. FRANI{ VAN 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 Moffatt. Carried by the following vote: Yeas - 11I a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 1398 ..... Whereas, atr Aviation Dealers Airport Lease Agreement by and between the City of Dubuque as lessor and Ben C. Arquitt of Far- ley, Iowa, as tenant has been pre• pared and recommended to this Council for execution, and Whereas, this council has con- sidered the matter and is of the o- pinion that it is in the public in• terest to enter such agreement. NOW, THEREFORE, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the lease agreement be tnada by and between the City of Dubu• que as lessor and Ben C. Arquitt of Farley, Iowa as tenant and the Mayor and Clerk of said City be and they are hereby authorized and directed to sign the lease agree- ment for and on behalf of the City of Dubuque, Iowa, Passed, adopted and approved this 29th day of June, 1948. FRANK VAN 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 Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murpny, Thompson, Wharton. Nays -None. AVIATION DEALERS AIRPORT LEASE AGREEMENT THIS LEASE, made in the City oY Dubuque, State of Iowa on the 29th day of June, 1948, be• tween the City of Dubuque, State of Iowa, herein called the "Les• sor", and Ben C, Arquitt, oY Far- ley, Iowa, herein called the "Ten- ant." WITNESSETH: DESCRIPTION OF PROPERTY. That the Lessor hereby leases to the Tenant, and the Tenant hereby hires and takes from the Lessor, the following described premises situated upon the Muni- cipal Airport, located in the County of Dubuque, State oY Iowa, to•wit: dune s9th, Special Session, , 1948 258 A. The Tenant is renting a cer- lain portion of the Municipal Air- port for the location of buildings to be constructed by the Tenant. Said certain portion shall be loca~- ed in the area reserved by the Lessor For building purposes and shall measure 100 feet x 250 feet, 100 foot side 6o be frontage on the Taxi-way. The property being rented by the Tenant is lot number one as shown on the building area drawing now on file at the City Hall and made a part of this agree- ment. Together with said land, the Tenant shall have the privilege of using at no additional charge the public portion of the said airport and the public facilities there pro- vided under such rules and regula• lions as now exist or may hereafter be enacted by the Dubuque City Council. LEASE 'PERM. That this lease for land upon which the Tenant shall construct buildings as hereinhefore prov.~ed in Paragraph A, shall be for a term of twenty hears commencing on June 20, 1948, unless sooner or later terminated as hereinafter provid• ed, at the annual rent as herem• after provided and more fully de- fined, and to be Paid as hereinafter provided. L1SE OF PREMISES. That during the lease term the leased premises shall be used and occupied for any proper and lawful business activity except the follow- ing: arestaurant, lunch counter, drug More, noshes shop, hotel, o- vetnight cabins, theater, or for the sale of intoxicati .g liquors. How• ever, nothing contained herein shall be construed to prevent the Les sor and the Tenant from enter- ing into a separate mutually accept- able agreement allow of theeabove ant to engage in any excluded business activities. That, in consideration of the foregoing letting, it is mutually covenanted and agreed: _ DILIGENCE BY THE TENANT. FIRST: That the Tenant, on the leased premises shall be dili- gent in the prosecution of the Ten- ant's business on the said premises, and will do those things necessary and proper to serve the public ' Pairly in the fields of commercial activity engaged in by the Tenant, i and the Tenant will conduct its business in such a manner as will not reflect discredit upon the Les• sor or cause the Lessor loss or damage. However, no provision of this lease shall be construed to give the Lessor power to deter- mine charges or prices to be charged by the Tenant far goods or services delivered or sold by the Tenant, but it is understood and agreed that said charges and prices shall not be dissimilar to generally accepted good practice on similar airports in this area. TENANTS COMMITMENT TO CONSTRUC'P BUILllINGS. SECOND: Phat on the loosed premises the Tenant shall cou• struct, or shall cause to be con• structorl, at no cost to the Lessor, such buildiugs, structures or im• provements as may be needed by the Tenant in the conduct of the Tenant's business. The plans and specifications for such buildings, structures or improvements must be approved by the proper agents of the Lassos and the construc- tion will be subject to the inapec• lion and approval of the Building Commissioner of the City of Du- buque. The Lessee agrees to erect a hangar in substantial conformity to the plans and specifications at• tacked to this lease as Exhibit A which plans and specifications are hereby incorporated as a part of this lease. It is further agreed by the Lessee that construction of this hangar will begin within ten (10) days from the date of this lease. RENT. THIRD: That the rent for the leased premises which the Tenant shall well and truly pay as here- inafter specified, shall be as fol- lows: The Tenant shall pay as rent, a sum equal to the total of the fol- lowing percentages and portions of gross sales in and from the entire leased premises, as follows: 8 percent of the gross sales of storage sold. to customers, plus, 1.5 per cant of the grass sales of repairs, including sales of parts ffistalled, plus, 2 per cunt of the gross sales at retail of accesories, merchan• dise and parts sold over the coun- er", Plus. 6.10 of 1 per cent of the gross sales at wholesale of accessories, „ llt1C 28th, z56 Special Session, 1948 merchandise and parts sold "over the counter", plus, 1.5 per cent of the gross sales of all other services performed for and -or sold to customers, including air- plane rentals, sale of flight in- struction and charter flight sales, P1As, 8-10 of 1 per cent of the gross sales of airplanes, or other single items of merchandise of a similar character which sells at eetail for an amount in excess of $200.00 per item, purchased and sold at re- tail, either new or used but not in- cluding trade-ins, plus, 2 cents per gallon on each gal- lon of gasoline (or other airplane or motor fuel) dispensed from the leased premises whether used by the Tenant or sold to others, plus, 10 cents per gallon on each gal- lon of lubricating oil dispensed from the leased premises whether used by the Tenant or sold to others. In the event that the yearly rent determined by the foregoing pet•- centages and portions of gross sales in and from the leased prem- ises shall be, in the aggregate, less than $1,250.00 per year, thou, and in that event, the Tenant shall gay at the end of each year a sum equal to the difference between the rent to determined and the sum of $1,250.00 per year. It is un- derstood that this $1,250.00 is a franchise charge for the tenant's presence on the airport, and is not related to the square footage of building area space allocated to the tenant. DEFINITION OF GROSS SALES. FOURTH: That the term "gross sales", as herein used, shall mean '~ the gross amount of all sales and deliveries and credits of every kind and nature in and from the leased premises and the business conducted thereon by the Tenant, or by any licensees or subsidaries or sub-lessees of the Tenant, or any other person, or corporation, sell- ing mercha•udise, or performing services for customers, in, or from, reny part of the leased premises, including orders received in the leased premises and delivered from any other place, or place of business, and including orders re- ceived at any other place, or place of business and delivered front the leased premises, and Payments re- ceived for services performed for customers, less all returned sales, sales allowances and bad debts created out of sales. ACCOUNTING SYSTEM. FIFTH: Tltat the Tenant, at all times during the term of this lease shall keep at the leased premises, in a system acceptable to the Certified Public Accountant re- ferred to in Paragraph "NINTH", accurate books, accounts, records, and receipts, showing the gross sales of the business conducted on the leased premises and shall pre- serve the same until a final ad- ;ustment, as hereinafter set forth, shall have been made. MONTHLY SALES REPORT. SIXTH: That the Tenant further agrees to furnish the Lessor, on or before the `loth day of each and every calendar month, during the entire term of this ]ease, with a complete report for the preceed- ing calendar month. Such report shall show, in detail, the gross sales of the preceeding calendar month, and shall be certified in a manner satisfactory to the Lessor as being a true, correct and com- plete statement of all grass sales, as here-in-before defined, from the said premises, for such preceeding month. SEVENTH: That if it shall ap- pear from any report that in ac- cordance with Paragraph Third "A", a sum of rent is due the Less- or, then, and in any such event, the Tenant shall pay to the Lessor a sum equal to such rent. The rent so ascertained, if any, shall be paid without demand, by the Ten- ant to tY.e Lessor within five (5) days after the final date on which said monthly report is herein, re- quired to be furnished by the Ten- ant to the Lessor. ANNUAL SALES AND RENT AUDIT. EIGHTH: (al That, within thirty (30) days after the close of each rental year under the terms of this iease, a final adjustment and ac- rounting for such year shall he had to determine the gross sales for the preceeding year, and the a- mount of total rent paid monthly by the Tenant under the terms of Paragraph Third "A" during such preceeding year. In the event that such accounting shall show that the total rent paid by the Tenant dur- dune 29th, Special Session, ~~, 1948 X57 ing such preceeding year was less t!tan the minimum rent of $1,250.00 per year, then, the Tenant, at that time, shall pay the Lessor the a- mount by which the total rent paid by the Tenant was less than the sum of $•1,250.00. (b) That insofar as rent pay- menu are concerned, each rental year shall be computed separately, so that the rent payable under this lease for any one rental year shall not decrease, or increase, or af- fect in any way, the amount of the rental payments made for any previous rental year, or to be made for any subsequent rental year. LESSOR TO INSPECT RECORDS. NINTH: (a) That a Certified Public Accountant acceptable to the Lessor and the Tenant and working for both the Lessor and the Tenant at their joint expense shall have the right, at all times, during business hours of the Ten- ant, to inspect the books, account, records, and receipts of all sales in and from the leased premises. TENTI3: That if the Lessor shall not be satisfied with any statement rendered to it by tl:e Tenant, it shag, within ten (10) days of the receipts of such state• tnent, give notice in writing to ~,_ the Tenant of its specific dissatis- faction, Unless within ten (10) days ' of the receipt of such notice, the Tenant shall have satisfied the Lessor as to such statement, tl.e Lessor shall be entitled to an audit of the hooks of account of ~' the Tenant to be made by account- ants acceptable to the Lessor and the Tenant at the joint expense of the Lesser and the Tenant. The result of ouch audit shall be final and binding upon both parties. BUILDING CONSTRUCTION, MAINTENANCE, MORTGAGE. ELEVENTH: That such build- ings, structures or improvements as are constructed on the leased premises shall conform to such building codes and zoning ordinan- ces as may be in existence ~appli- ~~~, cable to the airport, at the time any such constru.etion is started, and that the buildings, structures, or improvements on the leased premises shall be kept by the Ten- ant in a safe, clean, neat and or- derly condition. The tenant shall have the right to construct such buildings, structures or improve• tneuts as the 'Penant may deem necessary or desirable subject to the limitations as herein otherwise provided. The Tenant shad have the right to mortgage, subject to the pro- visions of paragraph Seventeenth hereof, the Tenant's equity in any buildings, structures, or improve- ments, constructed by the Tenant on the leased premises. LIENS. TWELFTH: That whenever and as often as the Tenant shall cause to have erected any building, struc- ture, or improvements en the said leased premises, and whenever and as often as it shad repair, rebuild, alter, enlarge or extend any build- ing, structure, or improvement which may, from time 'o time, be on the leased premises, it will, in each instance: (a) Pay for all labor performed and materials furnished in and upon such erection, repairing, re- building, alteration, enlargement or extension. (b) Keep said buildings and every building, structure, and im- proven;ent on said premises free and clear from all liens for labor performed and materials furnished therefor. (c) Defend, at its own cost and expense, each and every lien as- serted or filed against said land, or any part thereof, or against any building, stt~tcture or improvement thereou,and.pay each and every judgment made or given against said land, or building, or any part thereof. (d) Ihdemnify and save harmless the Lessor from each and every claim, demand, action, and cause of action (inchtding counsels' and attorneys' fees), arising out of or in connection with any act or o- mission of the Tenant, or of any agent, employee, or contractor of the Tenant, in or above the re- largement, or extension of any building, structure, or improve- ment thereon, INSURAPICE ON BUILDINGS. THIRTEENTH: That the Ten- ant will keep all buildings on the leased premises, continuously in- sured during the term of this lease against fire and windstorm loss or damage for an aggregate a- mount equal to 80 per cent of their 258 Special Session, 1948 fair market value, and any money received from said. insurance shall be divided between the Tenant and the Lesson as their interests may appear. PUBLIC LIABILITF AND PAOP• ERTY DAMAGE. FOURTEENTH: (a) That the Tenant agrees to hold harmless the Lessor for loss, damage or in- jury from act or omission of the Tenant or its employees or agents, white on or about said airport, to the person or property of the por• ties hereto and their employees, and to the person or property of any other person or corporation.. (b) That the Tenant shall carry Owners-Landlords and Tenants liability insurance of the following atirimum amounts and shall carry aircraft liability insurance of the following minimum amounts on each aircraft owned and-or operat- ed by the Tenant on the Dubuque Municipal Airport. All such insur- ance policies shall be acceptable to the Lessor, and a duplicate copy of each policy shall be filed with the Lessor. 1. Owners-Landlords and Ten• ants bodily injury insurance of ~IO,OOD.00 for all damages arisiug out of bodily injuries to, or death of, one person and $20,000.00 fcr all damages arising out of bodily injuries to, or death of, two or more persons in any one accident. 2. Uwners-Landlords and Ten- ants property damage liability in- surance of $5,OOOAO. 3. Aircraft bodily injury liability insurance of $l0,OD0.00 for all dam- ages arising out of bodily injuries to, or death of, one person and $2QOOO.DU for all damages arisiug out of bodily injuries to, or death of, two or more persons in any one accident. 4. Aircraft passenger liability in• surance of $IO,000.OD for each pas- :enger seat. 5. Aircrafi property damage lia- bility insurance of $5,000.00. TENANT TO COMPLY WITH RULES MADE BY LAWb'UL Ai1- Z'HORITIES. FIFTEENTH: That the Tenant shall comply with all rules and field regulations with respect to control of ground and air traffic and use of the airport which shall be set up from time to time by the Dubuque City Council, and that the Tenant shall abide by all rules and regulations and orders Aeronau- tics Department and the Civil Aeronautics Administration and other lawful authorities with re- spect to aircraft operations on the said airport and with respect to the use of the leased premises. PAYMENT OF TAXES. SIXTEENTH: That the Tenant will pay all taxes, assessments, license fees or other charges that may be levied or assessed during the term of this agreement upon or against say improvements or e• quipment on said leased premises, or on account of the transacting of business thereon by the Tenant. RIGHT TO REMOVE BUILD- INGS AT END OF LEASF. PERIUD. SEVENTEEN'PII: That at the termination of this lease, if the Tenant shall have paid all taxes, assessments and rent by him pay- able ir. this lease, and shall have kept and performed all the terms .and conditions of this lease on his part to be kept and performed, the Tenant shall have the privilege of removing from the said premises all buildings or property thereon belonging to the said Tenant and shall restore said premises to as good condition as the same were in when they were entered upon by the Tenaut, provided the Tenant does so within one (1) year after the termination of this lease. If said buildings and property are not so removes within said one-year period, the 'Penant hereby conveys the same absolutely to the Lessor and the title thereto upon the ex- piration of said one-year period shall .vest in the Lessor without further act or conveyance. AUTOMATIC EXTENSION OF LEASE. EIGHTEENTH: That in the e- vent the Tenant, through no fault of its own, shall suffer loss by rea- son of being prevented, beyond a reasonable length of time, fro;n us• iug the public portion of the said airport and the public facilities there provided for reasons other than those occasioned by meteors logical conditions, or in the event the Tenant shall suffer lass be• cause any governmental agency by virtue of its sovereign power, be• yond a reasonable length of time, stops, suspends or seriously limits Special S I~48 259 the Tenant's use of the public por• LESSOR TO PROYI])E ACCESS lion of public facilities of the said ROADS. TWENTY-FIRST: That the Les• airport for reasons other than fault sot shall provide and properly of the Tenant, then or in any such maintain suitable access roads to oveut, the Tenant during such the leased premises and will use its periods shall not be liable for auy taut providing the Leased premises best offices in attempting to pro- are not used by the Tenant or vide Public transportation to and subleases of the Tenant, and, from the airport. further this agreement and lease LESSOR NOT TO COMPETE. shall be extended beyond the ori- TWENTY~SECOND: That the ginal termination date hereinbefore Lessor shall not itself engage in stated for a further time equal to auy commercial activity upon the the sum of the periods of time said. airport which shall be similar tn~, Tenant has been so prevented in character to any commercial from using the public portion of activity engaged in on the said public facilities of the said air- airport by the Tenant, except that port as hereinbefore stated. It is the Lessor herein reserves the further agreed that in the event right to rent hangar space in muni• the Tenant is prevented from us- cipally owned hangars to non-cnm• ins the said Premises and the pub- mercial owners of aircraft. lic portion of the airport as here- FUTURE LEASES. iubefore stated, that the Tenant TWENTY-THIRD: That t h e shall not be entitled to any compen- Lessor shall be free, in its dis- sation for loss or damage from cretion, to rent cry other space or the Lessor other than the automatic concessions on the Dubuque Muni- extension of lease-time as here- cipal Airport to any other person, in provided. That in the event persons or corporations, and for this lease he terminated by consent any purpose that it desires, except of both parties, the City of Du- that airplane motor fuel and lubri- buque shall have the first right to cants shall be allowed to be sold on pm~ciiase said premises at a price the airport at retail to the. public that may he nmtually agreed upon, only by aviation dealer lease hold- or at a valuation fixed by a Board ers. However, the Lessor shall of three appraisers, one to be not lease any space on the said air- eelected by the Tenant, one to be port for commercial activity simi- selected by the Lessor, a third to jar to that engaged in by the Ten- be selected by the two appraisers ant upon terms more favorable in selected by both parties. The cost any respect to same other lessee of such appraisal shall be borne e• than are granted to the Tenant qually by the Lessor and the Ten- here-under, unless the said more ant. favorable terms are incorporated in LESSt'R TO PROVIDE ACCESS and made a part of the terms of 'PO SERVICES. this lease. If this covenant shall be breached, the said more favor NINETEENTH: That the Lessor able terms shall be considered to shall, at all times make available be included in this lease from the existing water, sewer, and elec- date that they are included in any iris service lines of capacity as re• other lease executed by the Les- quired by the Tenant for the use sot. of the leased premises and the conduct thereon of its business, and LESSORS DUTY TO GIVE NO- that the Tenant shall pay, in addi- TICE OF DEFAULT. tion to its rent, for ull water, sew- TWENTY-FOURTH: That any er; and electric service supplied to default by the Tenant in the pay- and consumed by the Tenant. went of ;tny rent or any violation in the performance of any of the LESSOR TO OPERATE AIRPORT. terms, covenants and conditions of TWENTIETH: That the Les- this lease to be performed by the sot itself shall use due and tea- Tenant, shall not entitle the Les- sor to declare a forfeiture of this sonable care to properly maintain, lease, or to terminate the term here operate and manage the Dubuque of, or to re-enter upor. the prem• Municipal Airport at all times in ices, or to institute summary pre- a safe manner, eeedings, or to take any steps fcr 260 ~ unt 2gt Special Session, ]948 the eviction of the Tenant, unless the Lessor shall notify the Ten- ant in writing, in the manner here- inafter provided, of the claimed de- fault, in tho case of the non-pay- ment of rent, within ten (10) days after such notice, and, in the case of any other default or violation within thirty (30) days after such notice, provided however, that if the default or violation (exclusive of a default in the payment of rent.) shall be of such a character that it cannot be corrected within thirty (30) days, the prompt com- mencement by the Tenant of the work of correcting such default ur violation and the diligent pro- secution of such work shall be deemed sufficient compliance with the terms of this paragraph. LESSORS RIGHTS IF DEFAULT CONTINUES. TWENTY-FIFTH; That if the 'Penant shall make default (]) in the payment of the rental reserved herein, and such default shall con- tinue for ten (]0) days after no- tice, or (2) if the observance and performance of any of the other terms, covenants and conditions of this lease, and such default or violation shall continue for thirty (30) days after such notice, or the Tenant shall have failed to con,- mence the rectification of such de- fault or violation within thirty (30) days after such notice and to diligently prosecute the same, where the same cannot be com- pleted within thirty (30) days, or (3) if a petition to reorganize the Tenant or for an atrangement of its unsecured debts, shall be filed, or (4) if the Tenant shall be ad- judicated abankrupt, or (5) if a receiver, or trustee, of the Ten ant's property be appointed by airy court and such receiver or trustee, shall not be discharged within sixty (60) days after appointment, or i (0) if the Tenant shall make a general assignment for creditors, of (7) if the leased premises shall be deeerted, or vacated, then and in any of such events, the Lessor may give the Ter-ant a notice in writing declaring that the term of this lease shall cease and expire after the expiration of ninety (90) days from the date of giving of such notice, and if the Lessor takes such action lease shall so cease and expire as tully and completely as if that day were the date origi• pally fixed in this lease for the expiration hereof, and the Tenant shall forthwith vacate the leased premises and surrender the same to the Lessor, and the Lessor shall be entitled to reenter upon the said premises by summary proceed- ings or otherwise, and the same to have again, repossess and enjoy. TWENTY-SIXTH: That any remedy specifically granted herein to the Lessor or the Tenant shall be cumulative and in addition to, and not a waiver of, every other remedy given by this Lease or now, or hereafter, existing by law, either independently of or in connection wtih, the provisions of this lease. ERECTION OF SIGNS. TWENTY-SEVENTH: That on the leased premises the Tenan shall be allowed to erect suitable advertising signs to advertise its business, but the form, type, size and method of installation of any signs shall conform with such regu- lations as may from time to time be incorporated in any airport ope- ration code or airport ordi- nance adopted by the Dubuque City Council. TWENTY-EIGHTH: That the Lessor covenants and agrees with the Tenant that, upon the Tenant's paying said rent, and keeping, ob- serving, and performing all of the terms, covenants and conditions of this lease on the Tenant's part to be kept, observed, and performed the Tenant shall, and may, peace- ably and quietly have and hold the premsies hereby leased for the term aforesaid. 'TENANTS RIGHT TO SUB- LEASE. TWENTY-NINTH: That the Tenant may, at any time, with- out the Lessor's consent, sublet the leased premises, provided however, that in the event of such subletting, Beu C. Arquitt shall remain liable for the full payment of the rent, and Ben C. Arquitt shall remain liable for any sublessee keeping, observing and performing all of the terms, covenants and condi- tions of this lease on the Tenant's part to be kept, observed and performed, with the same force and effect as if such subletting had not been made, unless specifically released therefrom. LEASE :4SSIGNMENT. THIRTIETH: That the Tenant shall not assign this lease except lvith the written consent of the (f fmt E9th Special Session, ~h 1945 261 Lessor. However, for the purpose of enabling the Tenant to mortgage buildings erected on the leased premises in accordance with para- graph Ninth hereof, the Lessor hereby allows a creditor of the Ten- ant who by due process of law as quires title to any of the Tenant's buildings constructed on tho leased premises, to own the said buildings for the purpose of selling said buildings to a rew owner who shall be acceptable to the Les- sor as a ground lease tenant. THIRTY-FIRST: That all terms. covenants and conditions of this lease applicable to the Tenant, shall be construed to apply equally to the Tenant and to any licenses subsidary, and sublessee of the Tenant. WAIVER OF BREACH. THIRTY-SECOND: That the waiver by the Lessor or the Ten- ant of any breach of any term, covenant or condition herein con- tained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, cov- enant or condition herein con• tained. THIRTY-THIRD: That if it shall be in the public interest, the Les- sor shall have the power to ter• urinate and cancel this lease even though it is itself a party to the lease. If this lease is terminated and cancelled, action shall be in- stituted in a court of proper juris- diction and the said court shall a- ward the Tenant proper damages. THIRTY-FOURTH: That, ex- cept as herein otherwise provided, the covenants and conditions here- in contained shall be binding upon, and inure to the benefit of, the legal representatives and succes- sors, respectively of the Lessor and the Tenant. NOTICES. THIRTY-FIFTH: All notices re- quired by law, or by this lease to be given to the Tenant must be written and may be given person- ally or by depositing the same in the United States mail, postage prepaid, and addressed to the Ten- ant at the Dubuque Municipal Air- port. THIRTY-SIXTH: That it is the intent of both parties hereto that the provisions of this contract shall be severable with respect to the effect of a declaration of invalidity of any provision or appli- cation thareof, THIRTY-SEVENTH: That noth- ing herein shall be construed to prevent the Lessor from making such corumitments as it desires to the Federal Government or to the State of Iowa in order to qualify for the expenditure of Federal or State funds on the Dubuque Munici- pal Airport, LEASE CHANGE. THIRTY-EIGHTH: That any of the terms of this lease can be changed upon the mutual con- sent of the Lessor and the Tenant, but to be valid, any such changes must be in writing. IN WITNESS WHEREOF, the parties hereto have executed this lease in duplicate the day and year first above written. LESSOR: CITY OF DUBUQUE, IOWA. BY: FRANK VAN DUELMAN Mayor. BY; J. J. SHEA City Clerk. TENANT: BEN C. ARQUITT State of Iowa Z SS. County of Dubuque f On this 29th day of June, A.D. 1548, before me, Geraldine L. Demkier, a Notary Public in and for the County of Dubuque, State of Iowa, personally appeared Frank Vau Duelman, Mayor, and J. J. Shea, Clerk of the City of Dubuque, Iowa, the Corporation which exe- cuted the above and foregoing in• strument, who being by me duly sworn, each for himself, did say that they are respectively the May- or and. Clerk of said Corporation; that the seal affixed to said instru- ment is the seal of said Corpora- tion and that said instrument was by them signed on behalf of the said Corporation by authority of its City Council, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them volun- tarily executed. ime gth; z6z Special Session, 1948 IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. GERALDINE L. DEMKIER. Notary Public in and for Du- buque County, State of Iowa. state of Iowa l ss. County of Dubuque f On this 29th day of June, A.D. 194b, before me Geraldine L. Demkier, personally appeared Ben C. Arquitt, to me known to be the person named in and who executed the foregoing instrument, and ac- knowledged that he executed the same as his voluntary act and deed. GERALDINE L. DEMKIER Notary Pubic in and for Du~ que County, State of Iowa. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas - 14 a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. J. J. SHEA City Clerk. Approved ............................ 1949. Adopted .......................... . 1949. `r. IC r; ~~„ ~'