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