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1944 December Council ProceedingsRegular Session, December 4th, 1944 193 t t n ~ ~ ~' (Official). Regular Session, December 4th, 1944. Council met at 7:30 P. M. Present-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton, City Manager Rhom- berg. Mayor Moffatt stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may pro- pex'ly come before the meeting. Notice of Claim of Mrs. Mary Cretzmeyer iu the amount of $107.51 for damages to her automobile caused from an accident with a City truck at the intersection of Loras Boulevard and Central Avenue, pre- sented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Notice of Claim of Mrs. Edward Brunskill in an unstated amount for injuries sustained in a fall at ,Fifteenth Street and Central Ave- nue, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- nxan, Wharton. Nays-1Vone. Department of Commerce. Civil Aeronautics Administration. November 18, 1944. The Honorable Mayor, City of Dubuque, Dubuque, Iowa. Subject: LEASES AND USE AGREEMENTS AFFECTING CAA- DEVELOPED AIRPORTS. We have recently received infor- mation from our Washington office which might assist your conununity in drawing up agreements and management contracts consistent with the AP-4 resolution. This reso- lution was passed by the City of Dubuque in connection with airport development work carried ou by this Administration. Very few of the airport agreements and leases subnxitted to our Washington office have been entirely satisfactory in respect to retaining the rights and privileges required by law, indicat- ing clack of understanding of CAA requirements. There is attached a sheet setting forth six suggested paragraphs which would satisfy CAA require- ments if included in such an agree- ment, provided it contained nothing inconsistent therewith. It is con- sidered necessary that the sub- stance of all those paragraphs be in- cluded in every agreement which actually leases the landing area of a CAA developed airport to pri- vate person or concern and that the substance of Paragraphs 1, 5 a.nd 6 be included in every lease agree- ment contract effecting such an air- port. It is pointed out in this comlec- tion that a lease, unlike an agree- ment which does not use lease ter- minology, grants the party which is to use the property, almost com- plete dominion and control of the premises, except as it expressly limits the rights and privileges granted and expressly imposes obli- gations upon the grantee, and there- fore must be very carefully drafted if it is not to grant greater rights and control than intended. For this reason and because a lease vests in the lessee an estate in property, with all the implied rights and priv- ileges which pass to a lessee by operation of law, it is our recom- mendation that instead of ushlg a lease to establish the rights and du- ties of the parties, this be done by means of a sinxple contract. In the event that leases have al- ready been oracle, it might be pos- sible to make the renewal in the form of a contract for the use and/ or xnanagenxent of the airport. Verp tr'ttly yours, W. E. KLINE, Regional Manager. By O. C. LeBoutillier. 194 Regular Session, December 4th, 1944 Standard Paragraphs Suggested For Inclusion In Leases of CAA- ' Developed Airports. OCTOBER 2, 1944. 1. The Lessee agrees to operate the airport for the use and benefit of the public; to make available all airport facilities and services to the public, without unjust cliscr•imina- tion; and to refrain from imposing or levying excessive, discriminatory or otherwise unreasonable charges ar fees for any use of the airport or its facilities or for any airport ser- vice. It is unclerstoocl and agreed '~~ that nothing hereto contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 303 cf the Civil Aeronautics Act. 2. The Lessor reserves the right. to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. 3. The Lessor reserves the right, but shall not be obligated to the Lessee, to maintain and beep in re- pair the landing area of the airport aucl all Publicly owned facilities of the airport, together with the right. to direct and control all activities of the Lessee in this regard. 4. The Lessor reserves the right to take any action it considers nec- essary to protect the aerial ap- proaches of the airport against ob- struction, together with the right to prevent the Lessee from erecting, or permitting to be erected, any building or other structure on the airport which, in the opinion. of the Lessor would limit the usefiihiess of the airport or constitute a hazard to aircraft. 5. During time of war or national emergency the Lessor shall have the right to lease the landing area or any part thereof to the ITnitecl States Government for military or naval use, and, if any such lease is executed, the provisions of this in- strument insofar as they are incon- sistent with the provisions of the lease to the Government, shall be' suspended. 6. This lease shall be subordinate to the provisions of any existing• or future agreement between the Lessor and the United States, rela- tive to the operation or mainten- ante of the airport, the execution of which has been or may be required as a condition precedent to the ex- penditure of Federal funds for the development of the airport. Councilman V\~har•tou moved that the communication and the Stand- ard Paragraphs Suggested For In- clusion In Leases of CAA-Developed Airports be made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Moffatt, Counci- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. American Surety Company of Ne~v York. Des lbloiues, Iowa, November 2§, 1944. City Clerk, Dubuque, Iowa, Dear Sir: We are pleased to en- close herewith, for filing, Power of Attorney No. 26557, authorizing the execution of certain hoods and uu- clertakings on behalf of this Com- pany when signed by Albert ZVhar- ton, as Attorney in Fact. Very truly yours, R. W. CLEARMt1N, Asst. Manager. Councilman Thompson m o v e cl that the communication be matte a matter of reeorci and the Power of Attorney plaeecl on file. Seeonclecl by Councilman Murphy. Carried by the following vote: Yeas-Mayor Moffatt, Council- men i\Zurphy, Thompson, Van Duel- nran, Wharton. Nays-None. Communication of the National Safety Council asking• that a state- ment or proclamation he issued by the Mayor requesting the People of the City of Dubuque to be extra careful to avoid accidents during the Clu'istmas season, presented and react. Councilman Murphy moved that the communication be received and filed and the request concurred in. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor NToffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Mrs. N. B. Joseph re- questing arefund in the amount of $50.00 on the unexpired portion of her cigarette permit No. 158 as she has discontinued business as of No- vember 20, 1944, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Mrs. N. B. Joseph to cover the amount of refund granted on the unexpired portion of her cigarette permit No. 154. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayoi• Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Petition of the Dubuque Chapter of the Iowa Tuberculosis Associa- tion requesting permission for the holding of a bangle sale day on Saturday, December 16, 1944, pre- sented and read. Councilman Thonxpson moved that the request be granted. Seconded by Couucil- mau Van Duelman. Carried by the following vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Communication of George Fall submitting for Council considera- tion aProposed Bill For An Act to Promote the public health, conven- ience and welfare by giving cities and towns the power to create housing assessment districts; to provide for the alteration, removal, repair and ixnprovemeut of unsani- tary and unsafe dwellings, houses, apartments, and tenements; to pro- vide sewer and water facilities for homes; to provide for the assess- ment and collection of the costs and expenses of such improvements aucl issuing improvement certificates or issuing and selling bonds therefor, presented and read. Councihnau Murphy moved that the communi- cation and Proposed Bill be refer- red to the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- n Wha •t Gilman Van Duehuan moved that the Council Proceedings for the mouths of April, May a,nd June, 1944 he approved as printed. Seconded by Councilman Thompson. Carried by the following vote Yeas-Mayor Moffatt, Council- man Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for jvhich warrants were drawn clueing the month of October, 1944, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-NTayor NIoft"att, Council- men Murphy, Thompson, Van Duel- man, Wharton. 1Tays-None. 1~TOVember 10, 1944 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, and City Water Works, also a list oY claims and payrolls for which warrants were drawn clueing the mouth of October, 1944. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the reports be received and placed on flle. Seconded by Coun- cilman Vau Duelman. Carried by the following vote: Peas--layor Moffatt, Council- men Murphy, Thompson, Vau Duel- mau, Wharton. Nays-None. December 4, 1944. To the Honorable lilayor and City Council, Dttbugne, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies and desire to have your approval on same for filing: nxa x on. TAXI-CAB Nays-None. Joseph J. Even (Black & White Council Proceedings for the I Cab Co.) 410 Eighth Avenue. Policy months of April, May and June, No. S. 236380, The Preferred Acci- 1944, presented for approval. Conn- I dent Ins. Co. 196 Regular Session, December 4th, 1944 EXCAVATION Curtis -Straub Co., 1069 Main Street, Policy No. MP 38698, Cen- tral Surety & Ins. Corp. Seubert and Fester, 1603 Central Avenue. Policy No. 301887, Em- ployers Mutual Casualty Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Moffatt, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. I~TOVember 10, 1944 Honorable Mayor and City Cottncil City of Dubuque, Iowa Gentlemen: In re: Petition of Mrs. Katie A. Miller for suspension of taxes on: Johnstons Sub. Lots 9 and 1Q ask- ing that the 1944 tax be suspended because of age. I recommend that said Petition be approved by the City Council of the City of Dubuque, and that notification of such approval be giv- en to the Board of Supervisors of Dubuque County, Iowa. Yours truly JOHN J. KINTZINGER, City Solicitor. Councilman Thompson moved that the reconnnendation of City Solicitor Kintzinger be approved and the Board of Supervisors to be notified of Council action. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, TVharton. Nays-IQone. November 9, 1944 In re: Claim of Miss Vivian Lee Honorable Mayor and City Council City of Dubuque, Iowa Gentlemen: I have investigated the claim of Vivian Lee filed herein on Septem- ber 29, 1944, wherein she claims that on or about August 28, 1944, in front of the premises at 1660 Un- iversity Avenue she vas injured on account of a defective sidewalk, it appearing that the defect in the sidewalk was caused Uy the roots of trees raising parts of the side- walk. That tivhile walking on this sidewalk, she tripped, fell and struck her face anti body, Ureaking anti knocking out her teeth, cutting her face anti legs, bruising and dis- figuring her body and breaking her eye glasses; and she was confined to her home, losing tithe from her employment and suffering perman- ent personal damage in the sum of $3,000. After investigation of the facts in this case, and a view of the sidewalk, I am of the opinion that the defect is very dangerous and there is a liability upon the part of the City. I consulted with her at- torneys, Smith, O'Connor, Thomas ~ Ryan anti find that her actual damages and expenses amount to $261.50. That they have agreed to settle this case upon payment to them of $625.00. I recommend that said claim he allowed in the sum of $625.00; that a warrant be issued payable to Smith, O'Connor, Thomas & Ryan, Attorneys for Vivian Lee for said amount and the same be delivered to them upon delivery to the City of Dubuque of a release properly executed. Yours truly, JOHN J, KINTZINGER, City Solicitor. Councilman Thompson moved that the reconnnendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $625.00 in favor of Stnith, O'Con- nor, Thomas & Ryan, Attorneys for Vivian Lee, 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 Wharton. Carried by the follow- ing vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. RESOLUTION NO. 98-44 Resolution and Application for Permanent Transfer of Funds Whereas, An emergency tax levy was made by the City Council of the City of Dubuque for use in sup- plementing those funds embraced in the consolidated tax levy which require debt service during the fis- cal year beginning April 1, 1944 and __ - - -- - - - I a _~ Regular Session, December 4th, 1944 197 ending March 31, 1945 upon auth- ority and approval of the State Comptroller; and Whereas, During the current year Grading Bonds in the amount of $30,000.00 and Improvement Bonds in the amount of $35,000.00 mature and Grading Bond Interest in the amount of $675.00 and Improvement Bond Interest iu the amount of $4,650.00 are clue and payable; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $16,386.00 which is avail- able for transfer to the Consoli- dated Fund for debt service; and Whereas, In order to provide for the payment of the obligations it is necessary to make a transfer of $1G,S86.00 fronx the Emergency Fund to the Consolidated Fund; and Whereas, Before any transfer may be made from the Emergency Fund to any other fund, an appli- cation must be made to the State Comptroller for authority to make the transfer and his approval se- cured thereon; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that, subject to the approval of the State Comptroller there be and there is hereby transferred from the Emer- gency Fund to the Consolidated Fund the sum of $16,886.00 and the State Comptroller is hereby peti- tioned to authorize and approve such transfer; and Be It Further Resolved that upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to ratify the Treas- urer of such transfer and such no- tification shall be accampaniecl by a copy of this resolution and the retard of its adoption. The resolution was passed, adop- ted anti approved by unanimous ac- tion of the City Council on the 4th day of December, 1944 and all mem- bers thereof signed their names thereto. W. W. MOFFATT, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN GEO. R. 11IURPHI, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Carried by the following vote: 1 eas--Iayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. RESOLUTION NO. 99-44 Resolution and Application For Permanent Transfer of Funds Whereas, During the current fis- cal year, Grading Bonds in the amount of $30,000.00 and Improve- ment Bonds in the amount of $35,- 000.00 mature and Grading Boncl In- terest in the amount of $675.00 and Improvement Bond Interest in the amount of $4,650.00 are clue and payable; and Whereas, There is now in the hands of the City Treasurer and credited to the Water tiVorks Gen- eral Fund the sum of $103,747.27; and Whereas, No water works bonds are outstanding and therefore the requirements of Section 6151.1 of the Code of Iowa have been fully met; and tiVhereas, In order to provide for the payment of the obligations it is necessary to make a transfer of $20,000.00 from Water Works Gen- eral Fund to the Consolidated Fund which includes the Grading and Im- provement Funds; and Whereas, Before any transfer ca.n be made from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved by the City Coun- cil oY the City of Dubuque that, sub- ject to the approval of the State Comptroller, there be and there is hereby transferred from the Water Works General Funcl to the Consoli- dated Fund the sum of $20,000.00 and the State Comptroller is here- by petitioned to authorize and ap- prove such transfer; and Be It Further Resolved that upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treasur- er of such transfer and such noti- fication shall be accompaxtied by a resohtion and the record of its adoption. The resolution was passed, adop- 198 Regular Session, December 4th, 1944 ted and approved by unanimous ac- tion of the City Council on the 4th clay of December, 1944 and all mem- bers thereof signed their names thereto. Mayor. W. W. MOFFATT, F. W. THOMPSOIV, FRANK VAN DUEL-TAN, GEO. R. MURPHY, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved tha adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas -Mayor Moffatt, Council- men -Zurphy, Thotnpsoii, Van Duel- man, ZVhartou. Nays-None. RESOLUTION NO. '100-44 Whereas, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has been examined: :vow Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address The Page Hotel, 73-75 East 4th St. Passed, acloptecl and approved this 4th clay of December, 19-14. W. W. MOFFATT, I1Tay or. F. W. THO-TPSO\, FRANK Vr1N DUELMAN, GEO. R. MURPHY, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconcl- ecl by Councilman Van Duelmau. Carried by the following vote: Yeas-Mayor Moffatt, Cotancil- inen Murphy, Thompson, Van Duel- man, Wharton. Nays-None. RESOLUTION NO. 101-44 tiVhereas, heretofore applications were filed by the within Warned ap- plicants for Class "B" Beer Per- mits and they have received the ap- proval of this Council; and ~Vhereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the oridnances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Leo V. Cunningham and John l~I. Thompson, (Transfer of address from 265 West 1st Street), 210 West 1s~ Street. The Page Hotel, 73-75 East Fourih Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 4th day of December, 1944. W. W. MOFFATT, Mayor. F. W. THOMPSON, FRANK VA1V DUELMAN, GEO. R. MURPHY, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconcl- ecl by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Moffatt, Council- men lTurphy, Thompson, Van Duel- man, Wharton. ivTays-hone. J. J. SHEA. City Clerl.. Approved .................................... 1945. Attest : .............................................. City Clerk.