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