The URL can be used to link to this page

Revised Book of Ordinances 1919Y� 1 Revised Ordinances of 1919 OF CITY OF DUBUQUE, IOWA COMPILED AND REWRITTEN BY • OLIVER LONGUEVILLE DUBUQUE HARDIE, THE FINE PRINTER • OFFICERS OF THE CITY GOVERNMENT OF THE CITY OF DUBUQUE FROM ITS ORGANIZATION TO 1919 TRUSTEES 1837 T. S. Wilson, Pres. T. C. Fassitt J. Plumbe, Jr. Wm. Meyers 1838 P. C. Morhiser, Pres. John Plumbe, Jr. E. Langworthy Alex Butterworth Pat'k Quigley, Pres S. D. Dickson, 1839 E. Langworthy Dr. T. Mason 1840 S. D. Dixon, Pres. Chas. Miller J. P. Farley Patrick Quigley Charles Miller Timothy Fanning • John McKenzie Benj. Rupert Loring Wheeler Thos. C. Fassitt E. C. Dougherty 4 OFFICERS OP THE CITY GOVERNMENT Jesse P. Farley Charles Miller MAYOR AND ALDERMEN 1841 CALEB H. BOOTH, Mayor ALDERMEN E. Langworthy W. W. Coriell H. Simplot Timothy Fanning 1842 SAMUEL D. DIXON, Mayor ALDERMEN James Fanning Joseph Ogilby John Thompson Jesse P. Farley Joseph T. Vales A. Cline 1843. JAMES FANNING, Mayor ALDERMEN Timothy Fanning P. C. Morhiser F. K. O'Ierrall David Slater John, H,, Thedinga Joseph Ogilby John Blake Elisha Dwelle Elisha Dwelle Robert Rogers 1844 F. K. O'FERRALL, Mayor ALDERMEN John G. Shields Robert Rogers Timothy Fanning John H. Thedinga 184$$ P. K. O'FERRALL, Mayor ALDERMEN Timothy Fanning John Blake John H. Thedinga John G. Shields r OP'F'ICERS O1 THE CITY GOVERNMENT 1846 F. K. O'FERRALL, Mayor ALDERMEN Hugh Treanor Wm. H. Robbins Amos Matthews Michael McNamara NI. Mobley Lewis L. Wood 1847 P. A. LORIMIER, Mayor ALDERMEN Michael McNamara Wm. H. Robbins Amos Matthews Morgan Curran • W. J. Gilliam Lewis L. Wood 1848 GEORGE L. NIGHTINGALE, Mayor ALDERMEN Wm. H. Robbins John .Gunn H. S. Hetherington Lewis L. Wood Hugh Treanor Patrick Finn W. D. Waples Philip Powers John G. Shields --L. - D. Randall David Decker L. Molony Caleb H. Booth 1849 WARNER LEWIS, Mayor ALDERMEN J. J. E. Norman F. V. Goodrich Thomas Hardie John Gunn 1850 J. H. EMERSON, Mayor ALDERMEN John D. Bush Robert Rogers Ed Langworthy H. V. Gildea 1851 P. A. LORIMIER, Mayor ALDERMEN Joseph Ogilby Jesse P. Farley John D. Bush Lewis L. Wood 5 6 OFFICERS OE THE CITY GOVERNMENT ; sr OFFICERS OI THE CITY GOVERNMENT M. McNamara Wm. D. Waples 1852 ' JESSE P. FARLEY, Mayor ALDERMEN James Burt Henry L. Stout Christopher Pelan George McHenry 1853 JESSE P. FARLEY, Mayor ALDERMEN James Burt Edward O'Hare Anton Heeb Thomas McCraney M. Mobley George Wilde Ben. M. Samuels . Henry L. Stout E. Langworthy M. McNamara John D. Bush John D. Bush James A. Reed . Langworthy Patrick Quigley George Connell 1854 JESSE P. FARLEY, ALDERMEN Christopher Pelan M. McNamara Thos. McCraney Anton Heeb Matthias Ham Patrick Quigley M. McNamara Morgan Curran George Connell 1855 JOHN G. SHIELDS, ALDERMEN Fred Weigel G. L. Nightingale Ben M. Samuels Christopher Pelan Mayor John King Fred Weigel Edward O'Hare Fred E. Bissell Mayor Edward Spottswood John King Matthias Ham 1856 DAVID S. WILSON, Mayor ALDERMEN M. McNamara Ben. M. Samuels . Robert Mitton J. J. E. Norman N. Nadeau Matthias Ham Morgan Curran Warner Lewis G. C. Kreichbaum G. L. Nightingale Edward Spottswood 1857 DAVID S. WILSON, Mayor GEORGE L. NIGHTINGALE, Mayor ALDERMEN M. McNamara Samuel Virden Geo. Ord Karrick J. J. E. Norman Warner Lewis G. C. Kreichbaum G. L. Nightingale N. Nadeau Anton Heeb James Woolnough Robert Mitton Adam Jaeger 1858 HENRY S. HETHERINGTON, Mayor ALDERMEN M. McNamara George McHenry N. Nadeau Hugh Treanor Franklin Hinds Robert Mitton Samuel Virden Geo. Ord Karrick Adam Jaeger John B. Lane B. B. Richards Matthias Ham Hugh Treanor Patrick Quigley John B. Lane A. Kaufmann 1859 JOHN HODGDON, Mayor ALDERMEN John Mehlhop Geo. L. Matthews Joseph A. Chapline Mathias Ham Robert Mitton John King 1860 HENRY L. STOUT, Mayor ALDERMEN Geo. Connell Geo. D. Wood Geo. L. Matthews Patrick Quigley Hugh Treanor A. Kaufmann John B. Lane 1861 HENRY L. STOUT, ALDERMEN Geo. B. Lane Geo. Connell Geo. D. Wood Patrick Quigley Hugh Treanor Geo. L. Torbert John Buttmann Fred Weigel John. King John Bittmann Mayor Geo. L. Matthews F. Weigel John Reugamer 8v •OFFICERS -OF` THE CITY GOVERNMENT Hugh Treanor Patrick Quigley M. B.. Mtnikern Peter Kietie Hugh Treanor Patrick Quigley M. B. Mulkern Titus Schmidt 1862; J. H. THEDINGA, Mayor ALDERMEN Geo. L. Torbert Geo. Connell D. S. Cumings Geo. L. Matthews J. Christman John Reugamer . 1863 J. H. THEDINGA, Mayor ALDERMEN John Russ D. S. Cumings H. L. Stout 1864 JOHN THOMPSON, ALDERMEN Patrick Quigley M. B. Mulkern J. H. Emerson H. L. Stout John. Russ D. S. Cumnigs John Reugamer J. Christman Geo. L. Matthews Peter Kiene Mayor Geo: L. Matthews H. S. Hetherington Titus Schmidt 1865 • JOHN THOMPSON, Mayor ALDERMEN J. H. Emerson L. N. Gibbs H. S. Hetherington Patrick Quigley D. S. Cumings M. B. Mulkern Henry Lembeck John King 1866 JOHN THOMPSON, ALDERMEN Patrick Quigley Benj. F. Smith Arthur McCann H. Lembeck John Lucas D. S. Cumings L. N. Gibbs John D. Bush (John D. Bush John Reugamer Mayor H. S. Hetherington: John King A. P. Jaeger OFFICERS OF THE CITY GOVERNMENT John Lucas N. C: Ryan B. F. Smith Thomas C. I assitt 1867 J. K. GRAVES, Mayor ALDERMEN D. S. Cumings M. Kingman Hilarius Pleins A. P. Jaeger H. S. Hetherington M. Wening H. P. Ward 1868 SOLOMON TURCK, ALDERMEN Joseph Gehrig Hilarius Pleins E. G. Young M. Kingman John Lucas James Rowan Thos. C. Fassitt Geo. W. Scott James Rowan John Lucas Joseph Gehrig Peter Kiene John Lucas 'N. C. Ryan B. D. Lenehan Fred. Weigel N. C. Ryan John Lucas Joseph Gehrig Thos. P. Coates Mayor Thomas P. Coates M. Wening A: F. Jaeger 1869 W. J. KNIGHT, 1VIayor ALDERMEN B. D. Lenehan Ernst G. Young Hilarius Pleins Thos. P . Coates Fred. Weigel A. F. Jaeger 1870 W. J. KNIGHT, Mayor ALDERMEN Joseph Gehrig Hilarius Pleins J. M. Robinson Thos. P. Coates Peter Kiene A. F. Jaeger 1871 JAMES BURT, Mayor ALDERMEN J. C. Chapman. J. M. Robinson Hilarius Pleins P. M. Robinson A. F. Jaeger, A. Kaiser 9 „ . . io OFFICERS OF THE CITY GOVERNMENT SOLOMON John Lucas John P. Quigley J. C. Chapman F. M. Robinson John P. Quigley A. A. Cooper John Pier James Beach 1872 TURCK and A. F. . ALDERMEN John Pier Hilarius Pleins J. B. Howard A. V. Jaeger JAEGER, Mayor W. McMaster A. H. Peaslee A. Kaiser Peter Kiene, Jr. 1873 A. H. PEASLEE, Mayor ALDERMEN J. J. Linehan J. B. Howard John Krayer A. A. A. Cooper Patrick Lagen J. J. Linehan J. O'Hea Cantillon Patrick Lagen J. P. Quigley Philip Pier John Maclay J. W. Parker A. V. Jaeger A. Kaiser 1874, H. PEASLEE, Mayor ALDERMEN Philip Pier John Krayer Henry Hune J. W. Parker John Maclay A. Kaiser George Fengler 1875 JAMES CUSHING, Mayor ALDERMEN j. J. Linehan F. T. Walker J. O'Hea Cantillon George Fengler John Wunderlich M. Blumenauer 1876 - GEORGE B. BURCH; Mayor ALDERMEN John P. Quigley - Philip Pier _ M. M. Walker Arthur McCann John Wunderlich M. Blumenauer J. J. Linehan J. O'Hea Cantillon John M. Lillig F. T. Walker OFFICERS OF THE CITY GOVERNMENT 1877 GEORGE B. BURCH, Mayor ALDERMEN Arthur McCann J. J. Linehan John P. Quigley J. O'Hea Cantillon Philip Pier Peter Fay M. M. Walker John O'Neill John P. Quigley Arthur McCann J. J. Linehan John D. Bush - John M. Lillig Louis Doerfler 1878 W. J. KNIGHT, Mayor ALDERMEN Theodore Altman Peter Fay Michael Brown John D. Bush Joseph Herod Louis Doerfler John M. Ling - 1879 JOHN D. BUSH, Mayor ALDERMEN Arthur McCann j. J. Linehan C. Leckie John O'Neill Michael Brown John M. Lillig Theodore Altman B. W. Jones Louis Doerfler Joseph Herod 1 880 JOHN D. BUSH, Mayor ALDERMEN Thos. Kavanaugh 13. W. Jones John O'Neill Toseph Herod , Theo. Altman C. Leckie J. Linehan Geo. Fengler G. Rath . Doerfler P. Clancy Joseph Herod Theo. Altman G. Rath 1881 JOHN J. LINEHAN, ALDERMEN P. W. Crawford P. C. Foley Geo. Fengler Mayor Thos. Kavanaugh L. Doerfler B. W. Jones 11 I2 OPDICDRS OF THE CITY GOVERNMENT 1882 JOHN J. LINEHAN, ALDERMEN Thos. Kavanaugh B. W. Jones John Glab Theo. Altman P. C. Foley Henry, Deckert L. Doerfler Mayor ORFICDRS OF .THE CITY GOVERNMENT �3 P. Clancy P. W. Crawford Peter Olinger 1883 FREDERICK O'DONNELL, Mayor ALDERMEN P. Clancy Peter, Olinger Thos. Kavanaugh P. W. Crawford M. H. McCarthy John Glab Theo. Altman • Chas. Hollnagel James Martin Henry Deckert 1884 FREDERICK O'DONNELL, Mayor ALDERMEN Thos. Byrne James Martin Martin Kane John P. Page M. H. McCarthy Henry Deckert Chas. Hollnagel Philip Ryder P. W. Crawford John P. Page Henry Deckert Thos. Byrne -P. W. Crawford . J. M. Byrne • A. M. Downer P. Clancy P. W. Crawford P. Olinger 1885 JOHN GLAB, Mayor ALDERMEN P. Oliger J. M. Byrne Chas. Hollnagel Thos. Byrne Martin Kane A. M. Downer 1886 JOHN GLAB, Mayor ALDERMEN J. W. Parker • C. D. Hayden Chas. Hollnagel Philip Ryder L. Doerfler John Trexler Thomas Byrne John Trexler J. W. Parker John Meyer C. 1887 . A. VOELKER, Mayor ALDERMEN Thos. Kenneally John Mulkern John Kleinschmidt C. D. Hayden D. W. Rand Louis Doerfler 1888 GEORGE B. BURCH, Mayor ALDERMEN John W. Halpin John Meyer D. W. Rand Thos. Kenneally John Kleinschmidt Bentley Rawson C. J. W. Saunders R. John W. Halpin John Wunderlich Isaiah Cleminson Prank J. Stoltz R, John W. Halpin John Babcock John Wunderlich Frank J. Stoltz R. W. STEWART John W. Halpin John Glab Mell H. Cushing ,Edw. C. Peaslee John Trexler John Mulkern V. B. Daniels 1889 W. STEWART, Mayor ALDERMEN William Coates John Trexler C. J. W. Saunders Bentley Rawson F. B. Daniels O. P. Hodge 1890 W. STEWART, Mayor ALDERMEN Isaiah Cleininson Joseph P. Lowry John Trexler P. W. Crawford O. P. Hodge C. J. W. Saunders 1891 and CHAS. J. W. ALDERMEN John Babcock John Trexler P. W. Crawford Chas. Posselmann SAUNDERS, Mayor Dennis ,Smith John P. Page C. J. W. Saunders Frank J. Stoltz 14 OFFICERS OF THE CITY GOVERNMENT CHAS. Thomas Byrne Dennis Smith John P. Page John Glab James Butler Thos. Byrne Phil Ryder John Glab J. W. Halpin Jas. Butler T. J. Shea Phil Ryder J. W. Halpin A. Cullen Phil Ryder T. J. Shea 1892 J. W. SAUNDERS, Mayor ALDERMEN Mell Cushing Peter Olinger Edw. C. Peaslee P. W. Crawford Frank Stoltz N. P. Nicks 1893 A. W. DAUGHERTY, Mayor ALDERMEN Adam Vogel J. B. Powers Peter Olinger John M. Lillig P. W. Crawford N. P. Nicks A. A. Cullen J. W. McEvoy Phil F. Ryder B. Lagen 1894 PATER OLINGIR, Mayor ALDERMEN A. Vogler A: Vogel P. W. Crawford J. B. Powers Jos. Kaufmann John M. Lillig 1895 PETER OLINGER, Mayor ALDERMEN A. Vogler John Schulte P. W. Crawford W. W. Bonson Joseph Kaufmann Theo. Bauer 1896 T. T. DUFFY, Mayor ALDERMEN Theo. Altman G. B. Albrecht W. W. Bonson C. H. Berg Theo. Bauer Frank Dennert OFFICERS OF THE CITY GOVERNMENT A. A. Callen J. W. McEvoy B. Lagen M: Stafford C. E. Wales James T. Duggan P. H. McLaughlin 1897 T. T. DUFFY, Mayor ALDERMEN Geo. B. Albrecht P. W. Crawford J. R. Jellison Frank Dennert C. H. Berg C. T. Thomas 1898.1899 C. H. BERG, Mayor ALDERMEN -AT -LARGE Rudolph Jones ALDERMEN John Flynn P. W. Crawford E. E. Frith 1900-1901 C. H. BERG, Mayor ALDERMEN -AT -LARGE Rudolf -l' Jones - J. J. Sheridan ALDERMEN • Mat. Clancy J. L. Horr Eugene Frith P. H. McLaughlin J. W. Kintzinger 1902 C. H. BERG, Mayor Recorder C. F. ARENDT -Treasurer H. W. BRINKMAN Assessor CONRAD B. SCHERR 'Auditor F. B. HOFFMAN .-Attorney G. A. BARNES -Engineer J. H. BOYCE Chief of Police EDW. MORGAN ALDERMEN -AT -LARGE John J. Sheridan Rudolph Jones ALDERMEN Matt Clancy Joseph L. Horr Eugene E. Frith Geo. N. Raymond Hugh Corrance 15 i6 Recorder Treasurer Assessor Auditor Attorney Engineer OFFICERS OF THE CITY GOVERNMENT '1903 C. H. BF,RG, Mayor C. F. ARENDT' II. W. BRINKMAN CONRAD B. SCHARR. E. B. HOFFMAN G. A. BARNES j. H. BOYCE Chief of Police EDW. MORGAN ALDERMEN -AT -LARGE, John J. Sheridan . Rudolph Jones ALDERMEN Matt Clancy Joseph J. Horr Eugene E. -Frith Geo. N. Raymond Hugh Cotrance Recorder Treasurer Assessor Auditor. Attorney Engineer 1904 C. H. BERG, Mayor C. V. ARENDT H. W. BRINKMAN - CONRAD B. SCHERR HOFFMAN J. W. KINTZINGER J. H. BOYCE ALDERMEN -AT -LARGE M. E. Lyons ALDERMEN Matt Clancy Jos. Needham P. H. McLaughlin J. A. Stumpf Recorder Treasurer Assessor CONRAD B. SCHERIZ Auditor. ,..F, B. HOFFMAN . W. KINTZINGER , J. H. BOYCE Rudolph Jones H. Corrance E. E. Frith 1905 C. H. BERG, Mayor C.t F. ARENDT H. W, BRINKMAN Attorney ..., Engineer ALDERMEN -AT -LARGE Rudolph Jones E. E. Frith M. E. Lyons Matt Clancy Jos Needham ALDERMEN J. A. Stumpf H. Corrance III I Ilf47V1 56 ' OFFICERS OF THE CITY GOVERNMENT '7 1906 H. A. SCHUNK, Mayor Recorder EDMUND A. LINEHAN Treasurer H. W. ifRINKMAN Assessor CONRAD B. SCHERR Auditor M. E. LYONS Attorney J W. KINTZINGER Engineer PAUL ILG ALDERMEN -AT -LARGE . Brad Hopkins Charles T: Thomas ALDERMEN J. A. Stumpf N. J. Closs Edward E. McEvoy Matt Clancy T. B; Hines Recorder Treasurer :Assessor :Auditor Attorney Engineer 1907 H. A. SCIIUNK, Mayor EDMUND A. LINEHAN H. W. BRINKMAN CONRAD B. SCIIERR M. E. LYONS J. W. KINTZINGER • PAUL ILG ALDERMIF,N-AT-LARGE Brad Hopkins . Charles T. Thomas ALDERMEN Matt Clancy J. A. Stumpf N. J. Closs Edward E. McEvoy Thomas BA -lines 1908 H. A. SCHUNK, Mayor EDMUND A. LINEHAN II. W. BRINKMAN CONRAD B. SCHERR M. E. LYONS :Recorder reasurer Assessor Auditor Attorney Engineer GEORGE T. LYON PAUL ILG . • James Saul John O'Rourke Peter R ALDERMIEN-AT-LARGE, • Martin Dan J. Haas ALDERMEN Wm. Singrin E. E. Frith D. W. Rand 18 OFFICERS OF THE CITY GOVERNMENT 1909 H. A. SCHUNK, Mayor Recorder EDMUND A. LINEHAN Treasurer H. W. BRINKMAN Assessor JOSEPH T. KELLY Auditor M. E. LYONS Attorney GEORGE T. LYON Engineer PAUL ILG ALDERMEN -AT -LARGE Peter R. Martin Dan J. Haas E. E. Frith James Saul John O'Rourke ALDERMEN William Singrin D. W. Rand 1910 D. J. HAAS, Mayor OTTO P. GIEGER GEO. D. WYBRANT WM. SCHAfl HAUSER M. E. LYONS GEORGE T. LYON C. H. BAUMGARTNER ALDERMEN -AT -LARGE Recorder Treasurer Assessor Auditor Attorney Engineer E. J. Sauer James Saul John O'Rourke Recorder Treasurer Auditor Attorney Engineer Assessor ALDERMEN . W. Singrin E. E. McEvoy Peter Apel R. Specht 1911 D. J. HAAS, Mayor OTTO P. GIEGER GEO. D. WYBRANT M. E. LYONS GEORGE T. LYON C. H. BAUMGARTNER U WM. SCHAIFHAUSER E. J. Sauer James Saul John O'Rourke ALDERMEN -AT -LARGE John W. McEvoy Robert Specht ALDERMEN William Singrin E. E. McEvoy -4, OFFICERS OF THE CITY GOVERNMENT 1912 M. E. LYONS, Mayor 19 Recorder J. J. SHEA Treasurer GEO. D. WYBRANT Auditor CYRIL D. LAGEN Attorney GEORGE T. LYON Engineer C. H. BAUMGARTNER Assessor FRED J. HELLER ALDERMEN -AT -LARGE Wm. P. Andresen John Heim ALDERMEN James Saul William Singrin E. E. Frith J. J. McLaughlin J. H. Wallis 1913 M. E. LYONS, Mayor Recorder J. J. SHEA Treasurer GEO. D. WYBRANT Auditor CYRIL D. LAGEN Attorney GEORGE T. LYON Engineer J. A. R. DANIELS Assessor FRED J. HELLER ALDERMEN -AT -LARGE Wm. P. Andresen ALDERMEN James Saul William Singrin E. E. Frith J. J. McLaughlin J. H. Wallis John Heim Recorder .Treasurer GEO. D. WYBRANT Auditor CYRIL D. LAGEN :Attorney M. H. CZIZEK Engineer Assessor 1914 JAMES SAUL, Mayor J. J. SHEA EDWARD C. BLAKE FRED J. HELLER ALDERMEN -AT -LARGE Thos. H. Callahan John Heim Matt Clancy J. J. McLaughlin ALDERMEN Wm. Singrin J. H. Wallis Wm. A. McIntosh 20 OFFICERS OR THE CITY GOVERNMENT 1915 JAMES SAUL, Mayor Recorder J. J. SHEA Treasurer GEO. D. WYBRANT Auditor CYRIL D. LAGEN Attorney M. H. CZIZEK Engineer EDWARD C. BLAKE Assessor FRED J. HELLER ALDERMEN -AT -LARGE John Heim Thos. H. Callahan ALDERMEN Matt Clancy Wm. Singrin Wm. A. McIntosh J. J. McLaughlin J. H. Wallis 1916 JAMES SAUL, Mayor Recorder J. J. SHEA Treasurer GEO. D. WYBRANT Auditor CYRIL D. LAGEN Attorney M. H. CZIZEK Engineer F. J. McNULTY Assessor FRED J. HELLER ALDERMEN -AT -LARGE Thos. H. Callahan John H. Strobel ALDERMEN " Louis J. Plamondon Chas. J. ' Leist E. E. Frith J. J. McLaughlin J. H. Wallis 1917 JAMES SAUL, Mayor Recorder J. J. SHEA Treasurer GEO. D. WYBRANT Auditor CYRIL D. LAGEN Attorney M. H. CZIZEK Engineer F. J. McNULTY Assessor I FRED J. HELLER ALDERMEN -AT -LARGE Thos. H. Callahan John H. Strobel ALDERMEN Louis Plamondon Charles Leist E. E. Frith J. J. 'McLaughlin J. H. Wallis OFFICERS OF THE CITY GOVERNMENT 2I 1918 JAMES SAUL, Mayor Recorder JOHN STUBER Treasurer GEO. D. WYBRANT Assessor FRED J. HELLER Auditor CYRIL D. LAGEN Attorney M. H. CZIZEK Engineer WALTER H. CULLEN ALDERMEN -AT -LARGE Wm. P. Andresen J. H. Strobel ALDERMEN Louis Plamondon Charles Leist E. E. Frith J. J. McLaughlin Jos. L. Hird 22 OF'F`ICERS OF THE CITY GOVERNMENT NT PRESENT OFFICERS OF THE CITY OF DUBUQUE 1919 JAMES SAUL, Mayor E. E. FRITH Mayor Pro Tem ALDERMEN -AT -LARGE WM. P. ANDRESON J. H. STROBEL ALDERMEN First Ward LOUIS PLAMONDON Second Ward J. J. McLAUGHLIN Third Ward CHARLES LEIST Fourth Ward JOS. L. HIRD Fifth Ward E. E. FRITH Recorder JOHN STUBER Charles E. Bradbury, Deputy Treasurer GEO. D. WYBRANT L. FKolfenbach, Deputy Auditor CYRIL D. LAGEN Fred Gantert, Deputy Attorney M. H. CZIZEK Assessor PETER J. KISS H. McCarthy, Deputy Engineer WALTER H. CULLEN J. J. Ryan, Assistant Chief of Police JOHN GIELLIS Chief of Fire Department DAVID AHERN M. Eitel, Assistant Superintendent of Water Works JOHN W. McEVOY City Electrician W. P. HIPMAN Meat and Milk Inspector DR. J. N. GRAHAM Sanitary Officer OTTO NEUMAN Desk Sergeant PHILIP DUNPHY City Weighmaster C. J. McCARTHY Police Matron BRIDGET F. BRENNAN Pond Master THOS. HACKNEY A RESOLUTION A RESOLUTION providing for the Revising, Amending and Consolidating o fithe Ordinances of the City of Dubuque, Iowa. WHEREAS, it is expedient that the ordinances of the City of Dubuque should be revised, consolidated and arranged in a manner so as to present all of the ordinances which at present affect the operation of the various departments of the city, regulate the operation of the city's business and the conduct of its citizens ; and WHEREAS, it is deemed advisable that the ordinances now in existence should be bound in book form and entitled "REVISED ORDINANCES OF THE CITY OF DUBUQUE," 1919; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all of the ordinances of the city of Dubuque should be revised and published in book form, and that such publication shall be sufficient publication and they shall be in force from and after such publication. Adopted March 6, 1919. CITY COUNCIL OF DUBUQUE, RULES OF ORDER. Rule I. The rules of procedure and order of business shall be strictly adhered to by the City Council, unless they shall be temporarily suspended by the consent of three-fourths of the aldermen present. Rule 2. The City Council shall meet regularly on the First and Third Thursday of each month, at 8 o'clock P. M. Rule 3. Special Meetings of the Council may be called at any time by the Mayor, or in his, absence by the Mayor pro tem., by giving to each member reasonable notice of such meeting, sent personally by the Marshal, or by notice in writing left at his usual place of residence or business, stating the time and place of such meeting. And it shall be the duty of the Mayor, or in his absence; of the Mayor pro tem., to call a special meeting of the Council at any time, upon the request of five members thereof. Rule 4. The Mayor, when present, shall preside at meet- ings of the Council, and shall have the casting vote and no other. Rule 5. At all meetings -of the Council a majority of all the Aldermen elected shall constitute a quorum to do business, but a minority may adjourn from day to day, and compel the attendance of absent members, by a fine .of not to exceed ten dollars for each and every such offense. Rule 6. ' At the hour of meeting, the members shall be called to order by the Mayor or Mayor pro tem., or in their absence, by the Recorder, who shall proceed to call the roll, note the absentees, and announce whether a quorum he present. If made necessary by the absence of the Mayor and Mayor ,pro tem., the members present may elect one of their number Chairman for the occasion. Upon the appearance of a quorum, 26 RULES OF ORDER and being duly organized, the Council shall proceed to the busi- ness,before them, which shall be conducted in the order follow- ing : 1. Reading the minutes of the last meeting—amendment and approval of the same. 2. Presentation of bills. 3. Presentation of petitions and communications. 4. Reports of officers. 5. Reports of standing committees. 6. Reports of select committees. 7. Unfinished business of preceding meetings. 8. Motions, resolutions and notices. Rule 7. The Mayor shall preserve order and decorum, and shall decide quest«inns of order, subject to appeal to the Council. Rule 8. While the Mayor is putting the question no member shall walk across or out of the Council room. Rule 9. No member shall leave the sittings of the Council without leave of the president. Rule ro. Every member, when desirous of speaking, shall rise from his seat, address himself to the Mayor, and say, "Mr. 'Mayor," but shall not proceed with his remarks until recognized and named by the chair. Rule 11. Persons other than members of the Council shall not address the Council otherwise than in writing. Rule 12. No member shall speak more than twice on the same general question, without the leave of three-fourths of the members present. Rule 13. While a member is speaking no, member shall entertain private discourse, or pass between him and the Chair. Rule 14. A member called to order shall immediately sit down, unless permitted to explain. If there be no appeal, the decision of the Chair shall be conclusive; but if the member ap- peal from the decision of the chair, the Council shall decide on the case without debate. RULES OF ORDER 27 Rule 15. All motions and resolutions shall be reduced to writing, if required by the Mayor or a member, and when seconded and stated by the Chair, shall be open for considera- tion; and no motion or resolution can be withdrawn after it shall have been amended or decided. Rule 16. Every member who shall be present when a question is stated from the Chair, shall vote thereon, unless excused by the Council, or unless he be directly interested in the question, in which case he shall not vote. Rule 17. If a vote is doubted, any member may call for a division, and the question shall then be decided by the mem- bers rising in their places. The ayes and noes may be called for by any one member, in which case the names of members voting shall be recorded on the minutes. Rule 18. If the question in debate contains several dis- tinct propositions, any member may have the same divided. Rule 19. When a blank is to be filled and different sums and terns are proposed, the question shall first be put upon the largest sum and longest time. Rule 20. Motions on the subject under consideration shall have precedence in the following order : I. 2. 3. 4. To lie on the table. To postpone. To commit. To amend. Rule 21. A motion to adjourn shall always be in order, except that it shall not be repeated without the intervention of some other proceeding; it shall have precedence over all other motions, and shall be decided without debate. Rule 22. A motion for the "previous question," to lie on the table, or to commit, shall, until it is decided, preclude all amendment and debate on the main question, and a motion to postpone indefinitely, or to a certain day, shall, until it is de- cided preclude all amendments on the main question. Rule 23. The "previous question" shall be as follows : "Shall the main question be now put ?" RULES OF ORDER Rule 24, A motion to reconsider shall not be entertained except on the same clay, or at the next succeeding regular meet= ing after the clay on which the vote was taken, and shall be made only by a member who voted with the majority. Rule 25. All committees shall be appointed by the Mayor, or in his absence, by the Mayor pro tem, unless otherwise directed by the Council. r' a Rule 26. Standing and select committees shall in all cases report in writing. All reports of committees shall be addressed, "To the Mayor and Aldermen," or the "City Council" of Dubuque. Rule 27. The standing committees shall be appointed an- nually, and the , person first named on the committee shall be Chairman thereof. The following shall be the' standing com- mittees, to -wit 1. On finance. 2. On ordinances. 3. On claims. 4. On streets. 5. On harbors. 6. On markets. 7. On public grounds and buildings. 8. On printing. 9. On fire and water. To. On police and light. 11. On delinquent tax.- 12. ax.12. On sewers. .13. On supplies. 14. On electrical construction. 15. On paving. 16. On executive committee; board of health. Rule 28. All appointments to office by the Council shall be by ballot or viva voce, as the Council shall determine, and a majority of the members present shall be necessary to a choice. RULES OF ORDER 29 Rule 29. All ordinances or by-laws of a general or per- manent nature shall be fully and distinctly read at two regular meetings of the Council before their final passage. No ordi- nance shall contain or relate to more than one subject, which • shall be clearly expressed in its title. Rule 3o. The City Recorder shall direct all papers to ap- propriate committees and officers, as early as the next day after the reference shall have been made and shall deliver the same. The Recorder shall attend all meetings of the Council. Rule 31. The Marshal shall have charge of the Council room, shall attend all the meetings of the Council, and assist in preserving order. Rule 32. The Council shall..keep a journal of its proceed- ings, which shall be open at all times for inspection; shall make and enforce rules for its government; compel the attendance of absent members, when necessary; punish for disorderly con- duct; and by a vote of two-thirds of the Aldermen elected may, at their discretion, expel any member. But if such member be re-elected to fill the vacancy occasioned by such expulsion, he shall not again be expelled for the same offense. Rule 33. No personalities or reflections injurious to the feelings of any member, or the harmony of the Council, shall be tolerated, and every person indulging in such personalities shall be called to order by the Chair. Boundaries General Powers TITLE I. CITY CHARTER. AN ACT for revising and consolidating the laws incor- porating the City of Dubuque. Section 1. Be it enacted by the General Assembly of the State of Iowa, that all that part of the County of Dubuque, in the State of Iowa, included within the fol- lowing boundaries, to -wit : Beginning at a point in the middle of the main channel of the Mississippi River, in the south line continued of Section Thirty-one, in Town- ship Eighty-nine, north'of Range Three east of the Fifth Principal Meridian; thence west along the south line of said Section continued, and along the south line of Sec- tions Thirty-five and Thirty-six in the same Township, of Range Two east of the Fifth Principal Meridian, to the westline of said Section Thirty-five; thence north along the west line of Sections Thirty-five, Twenty-six and Fourteen, to the north line of said Section Fourteen; thence east along the north line of said Section Fourteen and Thirteen to the range line between Townships Two and Three east of said meridian; thence north on the last mentioned range line to its intersection with the north line of Section Seven in the same township of Range Three east of said meridian; thence east along the north line of Section Seven and along said line continued to the main channel of the Mississsippi River; thence down the middle of the main channel of the Mississippi to the place of be- ginning, shall be, and, is hereby declared to be a city, and the inhabitants thereof are created a body corporate and politic, with perpetual succession, under the name and style of the City of Dubuque, and as such, and by that name, shall be capable in law of contracting and being contracted with, of suing and being sued, pleading and be- ing impleaded, answering and being answered unto, in all courts and places, in all matters whatsoever; and also of purchasing, using, occupying, enjoying and conveying CITY CHARTER real, personal and mixed estate, and may have and use a corporate seal, and may change, alter and renew the same at pleasure, and shall be competent to have, exercise and enjoy all the rights, immunities, powers and privileges, and be subject to all the duties and obligations incumbent upon and appertaining to a municipal corporation. Sec. 2. The right and power to exercise the cor- porate powers hereby and herein granted, and the admin- omcera istration of the fiscal, prudential and municipal affairs of said city, with the conduct, direction and government thereof, shall be vested in a Mayor and Aldermen, to be denominated the City Council, neither, of whom, . while holding their respective offices, shall hold any other under :.: the city government ; and in a Recorder, Auditor, Treas- urer, Marshal and City Attorney, and such other officers as are herein mentioned, as the City Council, for the better fulfillment and administration of the corporate duties and powers herein granted, may by Ordinance create and establish. Sec. 3. The Mayor, Aldermen, Recorder, Treas- Term of urer, Auditor and City Attorney, shall be elected at the Office annual election, by the qualified voters of said city, as hereinafter provided and the said Recorder, Treasurer, Auditor, and City Attorney, shall hold their offices, re- spectively, for the term of one year from the date of their election, and until their successors are elected and quali- fied. Such other officers as the City Council may by Ordinance provide for, shall be either elected by the people or appointed by the City Council, as such Ordinance may determine ; if elected by the people, they hold their offices for the term of one year, and until their successors are qualified, if appointed by the City Council, they shall hold their offices for such time as shall be fixed by Ordinance, not longer than one year, or at the pleasure of the Council. All City officers, before entering on the duties of their respective offices, shall take an oath or affirmation to sup- port the constitution of the United States and of the State of Iowa, and faithfully and impartially to perform the duties of the offices to which they may be elected or ap- pointed, and, when required by the Council, shall, except the City Judge, give bonds in such sums and with such sureties as the Council may determine and approve, for 31 Qualification of Officers 32 Elections Wards Aldermen CITY CHARTER the faithful performance of all the, duties appertaining to their respective offices. All electice officers shall be citi- zens of the State of Iowa, and qualified voters in said city. Sec. 4. The annual election for city officers shall take place on the first Monday of April in each year. Polls shall be opened in each ward under the direction of judges of election, and a clerk to be appointed by'the City Council. It shall be the duty of the Mayor, at least ten days previous to each election, to issue his proclamation setting forth the time and place at which the polls shall be opened, which shall be published in the official papers of the city. The rules prescribed by law for the regulation of township elections, shall govern as far as applicable; the election of city officers, and returns within, two `days shall be made out in the same manner as by the township trustees, and delivered in a sealed envelope to the Mayor, who shall within one week from the day of election, at a regular meeting of the City Council, or at a special meet- ing to be called for that purpose, open the returns in the presence of the Council, and the Council, upon examina- tion and comparison of the returns, shall judge and decide • the result, and these proceedings shall be entered upon the record by the Recorder in his minutes of the proceed- ings of said Council of that meeting. Every person qual- ified to vote for state or county officers in the County of Dubuque, and who shall have resided in said city for the space of six months, shall be qualified to vote at city elections in the ward where he resides. Sec. 5. The City of Dubuque shall be divided in such manner as the City Council may by Ordinance de- termine, into five or more wards, which may be altered or changed at the pleasure of the said Council ; Provided, That such change shall not effect the right of any member. to hold his seat during the time for which he is elected. Two aldermen shall be elected from each ward who shall hold their office for the term of two years; and these terms shall be so arranged that one alderman shall be elected from each ward each year. Any citizen who is a qualified • voter in said city may be elected alderman from the ward in which he resides, and a removal of his residence from such ward shall be deemed a vacation of his office. No member of the City Council shall be directly or indirectly CITY CHARTER interested in the profits of any contract or job for the city, ,and to become so interested, or being so interested when elected, shall be deemed a vacation of said office. Neither shall any' alderman vote in said Council upon any question in which he is directly or indirectly interested. Sec. 6. The City Council shall have power to judge as to the qualification of its members, and to establish rules and regulations for the government of its proceedings; and to prescribe the times and places at which the meetings of the Council shall be held; and to make all Ordinances necessary and proper for carrying into effect the powers 'herein granted, and to enforce obedience to such Ordin- ance by fine not exceeding one hundred dollars, or by im- prisonment not exceeding thirty days, or by such fine and imprisonment. Sec. 7. The City Council shall have power, and it is ,hereby made their duty. First—To fill all vacancies which may occur among the officers of said city, by appointment, the person so ap- pointed to hold office until the next succeeding April election, when the vacancy shall, if an elective office, be filled by election by the people. Second—To establish and fix the ,claries and com- Fig Salaries pensation of all officers of said city, not fixed by this act. Third—To provide all needful regulations and pre- cautions to . protect the city and the inhabitants thereof, against injuries by fire, thieves, robbers, burglars, and all persons violating the public peace. Fourth—To provide for the suppression of riots, ,gambling, and all. indecent and disorderly conduct, and for the punishment of all lewd and lascivious behavior in the streets and other public places in said city. Fifth -To prohibit the erection in any square or fraction of a square in said city of any building or of any addition to any building, except the entire walls thereof, sha11 be of stone, or brick and mortar, and to provide for he removal of any building erected contrary to the true intent and meaning of said prohibition. Sixth—go organize and establish fire companies, and Fire provde them with engines and other apparatus, and to Protection 33 City Council Powers of Council Fill Vacancies Protect the Public Punish Crimes Regulate Buildings 34 Remove Obstructions and Abate Nuisances Remove Stagnant Water Protect Public Health Establish City Buildings Restrain Animals Police Department CITY CHARTER regulate and prohibit the establishment of an independent fire company or companies, after the passage of this act. Seventh—To require and compel the removal of all obstructions of the public streets and alleys, and the abate- ment of all nuisances in said city. Eighth—To cause all grounds or lots where water shall at any time become stagnant or remain standng, to be raised, filled up or drained, at the expense of the owner thereof, and to effect this object the said Council may give notice to the owners thereof, or their agents, or in case of non-resident owners without known agents, notice may be given by publication in one or more of the newspapers published in said city, to fill up, raise or drain such grounds at their own expense, and the Council shall designate how high such grounds shall be filled up or raised, or in what manner they shall be drained; and in case the owners shall fail to fill up or drain such ground, within the time desig- nated in said notice, the City Council may cause the -same to be done at the expense of the city, and assess the expen- ses thereof against said grounds, and such assessment shall be placed in the hands of the City Collector, who shall pro- ceed to collect the same, with costs, by sale of such grounds, in such manner and under such restrictions and regulations as may be provided by Ordinance ; Provided, The owner of such grounds shall have the right to re- deem within one year after sale, by paying the purchasers the amount by them paid with To per cent interest thereon. Ninth—To make regulations to secure the general health of the city, and to cause the removal of all dirt, filth, or other nuisance, which may at any time be accumu- lated upon any lots or streets or alleys in said city, at the expense of the owners of the grounds on which it lies. Tenth—To establish hospitals, workhouses and a city jail, and make regulations for the government thereof. Eleventh—To prohibit hogs, cattle, horses and all other animals from running at large in the streets, alleys and public places in said city. Twelfth—To establish a day and night police, and punish resistance to them or any other city officers in the discharge of their duties. CITY CHARTER 35 Thirteenth—To'open, alter, extend, widen, establish streets, and vacate, and to grade, pave and otherwise improve, s aew8ika clean and keep in repair the sidewalks, .streets, alleys, wharves, docks, landings, and other public grounds of said city. Fourteenth—To establish, erect and keep in repair, bridges, culverts and sewers, and regulate the use of the same; to establish, alter and change the channel or water courses, and to wall them up and cover them over. Fifteenth—To erect market houses, establish market places, and provide for the regulation and government thereof. Sixteenth—To provide for all needful buildings for the use of the city, and for enclosing, improving and pro- tecting all public grounds belonging to the city. Seventeenth—To 'regulate the use of wharves and public landings, fix the rate of wharfage and regulate the stationary anchorage and mooring of all boats and rafts within the city. Eighteenth—To license, tax and regulate auctioneers, peddlers and traveling merchants, grocers, merchants, re- tailers, hotel keepers, and keepers of livery stables, of eat- ing houses, boarding houses, saloons and places of amuse- ment, and bankers, dealers in money, warrants, notes and other evidences of indebtedness, and works of all kinds. Nineteenth—To license, tax and regulate hackney carriages, omnibuses, wagons, carts, drays, and all other vehicles, and porters, and fix the rates to be charged for the carriage of persons, and for the wagonage, cartage, drayage or porterage of property. Twentieth—To license, tax, regulate and suppress threatrical and other exhibitions, shows and amusements, and billiard tables, ten pin alleys, and to suppress gambling louses, and bawdy houses, and houses of prostitution; also to tax and destroy dogs, to regulate the weights and measures to be used in said city; to provide for the in- spection and measuring of wood, lumber and oils, and for the inspection and weighing of coal and hay, and to pro- vide for and regulate the inspection of beef, pork, flour, butter, lard and other provisions, and to regulate the ending of meat, poultry, vegetables and other provisions. Bridges and Sewers Markets Public Buildings Wharves License— Certain Business License— Vehicles License—. Shows :36 'Rending Regulation Purchase Property Taxes Assessments for Taxation Claims License Ferries Make Ordinances Ordinances CITY CIIARTE,R Twenty-first—To establish regulations respecting character and size of the foundation and other walls of buildings in said city, and to enforce the same by the re- .moval of buildings erected in violation of such regulations at the expense of the owner or lessee of the lots upon which they are situated. Twenty-second—To purchase land or other property for the use of the city, and to dispose of all personal prop- erty of the city at the pleasure of the Council, and of the real estate of the city, when authorized so to do by the majority of the legal voters; and the Council may by Ordinance provide for submitting the question of the sale of the real estate, or any part thereof, to the voters of said city, in such manner and at such times as it may deem ex-. pedient. Twenty-third—To collect taxes to defray the current expenditures and pay the debts of the city; Provided, That the tax for any one year shall not exceed one per cent upon the assessed value of all property taxed. Twenty -fourth --To provide for the assessment of all taxable property in said city, with reference to taxa- tion for city purposes. Appeal shall lie from the assess- ment of any officer appointed by the City Council to assess property, to the City Council, whose adjudication shall be final. Twenty -fifth ---To audit all claims against the city, and order the payment of such as shall be allowed. Twenty-sixth—The City. Councilshall have the ex- clusive right to license and regulate ferries, and to estab- lish the rates of ferriage between Dubtique and the oppo- site ' bank Of the MiSsissippi River. Twenty-seventh—To make all such Ordinances as to than shall seem necessary to provide for the safety, pre- serve the health, promote the prosperity, and improve the morals, order, comfort and 'convenience of said city and the inhabitants thereof. Sec. 8. The Ordinances passed by the City Council shall take effect from and after the date of their publica- tion in such newspaper of the City of Dubuque as the Council shall designate, the date of which 'publication shall CITY CHARTE,R be.noted by the Recorder in -his record of the Ordinances, and such record shall be evidence of the time and fact of such publication ; • Provided, That the City Council may authorize the revision and publication of the Ordinances in book or pamphlet form, in which case such revised Ordinances shall take effect from and after the date of such publication; and such book or pamphlet shall con- tain the resolution of the City Council authorizing its pub- lication, and a certificate of the City Recorder that the Ordinances and Resolutions. therein contained are correct copiesfromthe records. in his office, and shall then be re- ceived without further proof, as presumptive evidence of such Ordinances and Resolutions; And, provided, further, That the City Council may provide for the taking effect of any Ordipauge, not before a day certain therein specified. All Ordinances passed by the City Council shall be signed by the, Mayor and attes.ted by the Recorder, and shall be recorded in books kept for that purpose. Sec. 9., All orders of the City Council for the pay. - Anent of money shall be signed by the Mayor and attested by the Recorder and countersigned by the City Auditor. Sec. 10., All fines and forfeitures collected for vio- ',1ations•of City,•Orclinances shall be.paid into the Treasury and.the.Mayor shall see that the same is.done without un- - .-riecessary, delay. • - Sec. 11. The Mayor is, the executive officer of the. ..1:city, and it is his duty to' be vigilant- and active at all times 2 Causing the Ordinances and regulations of the city to be put in force and duly executed, and.shall take care that all -officers under the city government comply with the law 40, Ordinauces,and; Resolutions of the Council; he is ex- • president•of; the City Council, but shall have no vote except a casting vote when there is a tie. The City ,i.nciI, shall elect a Mayor_pro tempore, who, in case of .a.bsence. or, inability of the Mayor, shall discharge all eduties. and. possess allthe powers that belong to the. Mayor. Sec, 12. The, Recorder shall' be Secretary. of the City Council and shall keep. a full record, of the proceed- ings; he shallhay.e. the custody of all the record, books. 37s, Warrants Collect Finer Mayor Recorder 38 Auditor Marshal Treasurer Attorney Bonds CITY CHARTIR and papers of the city, and of the city seal, and shall dis- charge such other duties as may be devolved upon him by law or Ordinance, and shall keep his office at such place as the City Council shall provide and designate. Sec. 13. The City Auditor shall keep, in proper books provided for that purpose, a full and fair exhibit of the finances of the city, its revenues, expenditures, in- debtedness and credits. He shall countersign all orders on the treasury drawn for money appropriated by the City Council, when signed by the Mayor and attested by the Recorder, and shall perform such other duties as the Council may by Ordinance or Resolution require. Sec. 14. It shall be the duty of the City Marshal to attend the meetings of the City Council, to execute its orders, to arrest and bring before the proper court, with or without warrant, all whom he shall find in the actual vio- lation of any Ordinance, and to perform such other duties as may be devolved upon him by law or Ordinance. The City Council may by Ordinance authorize the Marshal to appoint deputy marshals. Sec. 15. It shall be the duty of the City Treasurer to take charge of and keep the funds and moneys of the city; he shall keep the same in separate funds, to be de- nominated the "general fund" and the "road fund," and shall pay out money only upon orders from the City Coun- cil, signed by the Mayor and attested by the Recorder, and countersigned by the Auditor, which orders shall specify the fund drawn upon. He shall keep an account with each fund, and shall from time to time report his receipts and expenditures, as required by the City Council. Sec. i6. It shall be the duty 'of the City Attorney to appear for the city in the city court and all other courts; to take charge of the legal business of the city; to give his written opinion whenever called upon by the City Council ; to give legal advice to all officers of the city, and to per- forin such other duties as may be devolved upon him by law or Ordinance. Sec. 17. The City of Dubuque is authorized to bor- row money upon the credit of the city, and to issue the bonds of the city; Provided, That the proposition to bor- CITY CHARTE,R 39 row money shall first pass the City Council, and shall then, under proclamation by the Mayor, be submitted to the vote of the people, which proclamation shall state the amount of money to be borrowed, and the purpose for which the money is to be borrowed; and in case the proposition is adopted by a vote of two-thirds of the qualified electors of said city, the City Council may at any time thereafter, within the space of one year, authorize the borrowing of the money, and the issuing of the bonds. Sec. 18. The City of Dubuque is constituted a special road district, and the care and supervision of the Road Tax highways in said city is devolved upon the City Council, and the City Council is authorized, in addition to the taxes otherwise authorized, to levy a special road tax, which shall not exceed the limits fixed by law of the road tax to be assessed by the County Board of Supervisors. No county or township officer having the care or supervision of roads, is required to expend labor upon the highways in the City of Dubuque, but the duties and responsibilities imposed by law upon such officers shall, as to the streets and highways in said city, devolve upon the City Council. Sec. 19. The City Council shall have power to open, widen or extend any street or alley in said city, and under such regulations as may by Ordinance be prescribed, may cause a jury to be summoned, who shall apportion and assess the datnages and benefits which any person may sustain by reason thereof, upon the lots or lands adjoining, or in the immediate vicinity, which may be benefitted thereby; and such apportionment and assessment shall be returned to the City Council, and shall be collected and paid into the city treasury. Notice must be given to all persons whose property is appropriated, in writing o -r by publication, or they will not be bound by the proceedings. The damages assessed to any persons constitute a valid claim on the part of such person against the city, and may be sued for and collected as any other claim. The date at which any property shall be considered as appropriated, 'shall be at the time of the passage of a resolution by the City Council, ordering the laying out and establishment of the street, and the jury shall be summoned to assess the damages at least within one month thereafter, and their Streets and Alleys 4oy Notice Special Tax for Grading and Improving Public Buildings Additions to City CITY CHARTER apportionment shall not be subject to be quashed by the City Council, but may he returned to the same jury. for the correction of any irregularities or informalities. Sec. 20 The Marshal shall notify the owners of all lots and grounds against which any sum shall be appor- tioned, to pay the same within thirty days. In cases where neither such owners nor any agents shall be residents of the City of Dubuque, ,or are unknown, notice may be given by publication in any newspaper in said city for two weeks. If default of payment shall be made, the Recorder shall deliver to the collector of taxes -for. the city a statemet of the same, and he shall proceed to collect the same by sale of the property as may he prescribed by Ordinance. Sec. 21. The city may levy a special tax on any lot on lots, or the owners thereof, on any alley, street or high- way, or any part thereof, for the purpose of grading, paving or macadainizing the same, or for the purpose of grading , paving or curbing the sidewalks, and may collect the sante under such regulations as may be prescribed by Ordinance. Sec. 22. Theeity may. appropriate lands for the pur- pose of using the same for jails, workhouses, -markets and other public buildings, and to provide for supplying the city with water by constructing acqueducts, reservoirs, aiid other conveniences; and compensation therefor to be as- certained as provided by law.' Sec; 23. No addition to the City of Dubuque shall be lawful unless it is first submitted to the City Council for 'their approval, who shall have exclusive authority to provide for and regulate the width of streets and alleys in - such addition; and when.the same shall be so approved of, it shall be admitted to record on the records 'of the city, and shall thereafter become a. lawful addition thereto; Provided, That the owner or owners of the land included' in said addition shall furnish; for the use of the city, a correct map of the same for public reference; and the provisions of the statutes of Iowa shall also be complied with in all such cases, so far as the same are applicable and not inconsistent with this: act. a CITY CHARTER Sec. 24; Actions,for the violation of:city Ordinances sliallbe brought in the name of the State of Iowa, for• the use of the City of'Dubuque. The pro&edings shall be by information sworn to, which shall -be filed with any justice •of the peace having his office within said city, whereupon . said -justice of the peace shall issue a warrant for the ap- prehension of- the accused. But the City Council may by Ordinance provide that certain designated officers may arrestany person actually found violating any Ordinance,. and commit them for trial without warrant; the trial shall be in a summary manner, and without the intervention,of a;jury, unless demanded -by the defendant. - Sec. 2.5-. The City of Dubuque shall be and hereby, rty is=invested as the lawful owner and proprietor, with all the pvreeereped. real, personal and mixed estates, and all the rights and privileges thereof, together with. all the property; funds and revenues; and all the moneys, debts, accounts and de- mands due and owing, or in any wise belonging to the City of:Dubucque, under any previous act of incorporation, and all' rights, interests, claims and demands against or in favor. of . said city, may be continued, prosecuted; de fended' and collected in the same manner as ; though this. act had never been passed. • Sec. 26. The City Council shall provide by Ordin- Preferring ance for the mode in which charges may be preferred' Charges against anyofficerunder the city government, and for the hearing of the. same, and they may remove any city officer, from office, as provided in the next Section. Sec, 27. Any member of the City Council may be expelled or removed from office by a vote of two-thirds Expulsion of all the aldermen elected ;but not a second time for the -1-.13 mbvai same offence; and any officer under the city government, appointed by the City Council, may be removed from :office by a vote of a majority of all.the aldermen elected; but is shall require a vote of two-thirds .of•all the aldermen elected to said Council to remove any officer elected by he -voters -of. the city, or_ of_anyward,or district. Sec 28. The City Council are authorized to levy in_ on Be ds each year a special tax; to pay the interest on such loans as are authorized by the Seventeenth Section of this act. See. 2g, The Aldermen of the City of Dubuque and Officers Not all other officers now elected, shall hold and exercise their Affected ffices for and during -the -term. for which they are chosen. 41 Prosecutions Former Acts Repealed Public Act Publication and Vote on Charter CITY CHARTER Sec. 30. All acts and parts of acts heretofore passed relative to the incorporation of said City of Dubuque shall be, and the same are hereby repealed, as far as the same come within the purview, of this act. All Ordinances passed tinder prior acts of incorporation of said city, and heretofore in force, not inconsistent with the provisions of this act, shall continue in force until altered or re- pealed, and shall be deemed in compliance with the re- quirements of this act as far as applicable. Sec. 31. This act shall be taken and viewed in all courts as a public act. Sec 32. This act shall be submitted for the approval of the electors of the City of Dubuque at an election to be held on the first Monday in March, A. D. 1857; but prior. to said election the whole act shall be published in the Northwest, the Tribune, the Express and Herald, the National Demokrat, the Republican and Staats Zeitung newspapers, at the expense of said city. The tickets which shall be polled at such election shall contain either the words, "For the Amended Charter," or "Against the Amended Charter." And if a majority of all the legal votes at such election shall be in favor of the amended charter, then this act shall be in force from and after its publication in the Northwest and Express and Herald newspapers, without expense to the State. If a majority of such electors shall vote against the amended charter, then this act shall not be in force after the next session of the General Assembly of the State of Iowa. Approved January 28, 1857. I hereby certify that the foregoing was published in the Northwest, February 24, 1857. ELIJAH SELLS, Secretary of State. Note : General Statutes are not applicable to cities under Special Charter. Code, Sec. 933. A Statute relating to cities and town contained no reference to Special Charter cities does not ap- ply to such cities. Reed vs. Cedar Rapids, 136 Iowa 191. Courts will take judical notice of the provision of a Special Charter. Steir vs. Oskaloosa, 41 Iowa 353. REVISED CITY ORDINANCES TITLE II. WARDS AND PRECINCTS. 43 Ordinance No. r. An Ordinance Dividing the City into Wards and Establishing the Ward Boundaries. Be it Ordained by the City Council of the City of Dubuque : § 1. F'iv> WARDS. Section 1. That the territory em- braced within the city limits of the City of Dubuque shall be and is divided into five wards. § 2. How DIVIDED. Sec. 2. The First Ward shall include all that portion of the city south of the following line, to -wit : Commencing at a point where the center line of Third Street extended would intersect the main channel of the Mississippi River; thence running west along Third Street and West Third Street to the end of said street; thence westerly to a point on the western boundary line of the city where the center line of West Third Street extended would intersect said western boundary line of the city. The Second Ward shall include all that portion of the city north of the first ward and east of Grandview Avenue and south of the following line, to -wit : Commenceing at a point where the center line of Eighth Street extended would inter- sect the main channel of the Mississippi River; thence running westerly along the center line of Eighth Street and Julien Avenue to the intersection of said center line of Julien Avenue— with the intersection of the center line of Mount Pleasant Avenue; thence along the center line of Delhi Street to a point where the center line of Delhi Street intersects the center dine of Grandview Alvenue. 44 REVISED CITY ORDINANCES, The Third Ward shall include all that portion of the city situated north of the Second Ward and east and south of the fol- lowing described line, to -wit : Commencing at a point where the center line of Main Street intersects the center line of Eighth Street, running northerly along the center line of Main Street to a point where it intersects the center line of Seven- teenth Street; thence easterly along the center line of Seven- teenth Street to a point where the center line of Seventeenth Street intersects the center line of Seminary Street; thence northerly along the center line of Seminary and Heeb Street to a point where the center line of. Twentieth Street extended in a westerly direction would intersect the center line of Heeb Street; thence east along a line .extended from that point to the intersection of the center line of Twentieth Street and the center line of Couler Avenue; thence from that point easterly along the center line of Twentieth Street to the end of said street; thence easterly to a point where the center line of Twentieth Street extended would intersect the main channel of the Mississippi River. The Fourth Ward shall include all:that portion of the city situated north of the northerly. boundary line of First and; Second"Wards, from the western boundary line of the city to the westerly boundary lin e of Third Ward and south of a line described- as follows Commencing at- the northwesterly - corner of the Third Ward and running westerlyfrom that - point to the northwesterly corner of Cox's Addition; thence. extending westerly along the northern boundary of said' ad- dition to a point where that line extended would- intersect the center line of Clifford Street ; thence wester"ly • along a line ex- tended from that point to the northwest corner of Littleton and: Sawyer's Addition; thence westerly to a point on- the western boundary line of the city where the- northern line of -Littleton and Sawyer's Addition; extended "would, intersect the western boundary.line of, the city: The Fifth Ward shall include. all that" portion of the city lying north of the northern boundary -line of Third and Fourth Wards. Note: City shall be divided into: five or: more wards by, Ordinance, which may be altered or changed. by Council— Charter: Section 5. Code (1913) Section 641. • REVISED CITY ORDINANCES 45 Ordinance No. 2. An Ordinance Dividing the Wards. into Election Precincts and Prescribing their Boundaries. Be it Ordained by the City Council of the City of Dubuque : 3. WARDS SHALL, BE DIVIDnD : Section i. That for the convenience of its citizens and to facilitate the casting and • counting of ballots at election the wards of the city shall be divided into election precincts. § 4. FIRST WARD. Sec. 2. The First Ward shall be di- vided into -two precincts, as follows : All that portion ,of said ward lying east and north of a line commencing at the westerly rend of the present boundary line between the First and Fourth_ Wards and extending easterly along said boundary line to a point where said boundary line intersects the center line of Booth • Street; thence southerly along the center line of Booth Street to" a point where the center line of Booth Street intersects thg center line of Dodge Street; thence easterly and southerly along the center line of Dodge Street to a point where said center '"line of Dodge Street intersects the center line of Rising Ave- nue; thence southeasterly along the center line of Rising Ave= • nue to a point where the center line of Rising Avenue inter- sects the center line of Union Street; thence southerly along -the center line of Union Street to a point where the center line of Union Street intersects the center line of Quinn Street; thence southeasterly along the center line of Quinn Street to a point where the center line of Quinn Street intersects the center line of Valley Street; thence southwesterly along the center line of Valley -Street to a point where the center line of Valley Street intersects the center line of Mt. Loretta Avenue; "thence westerly along the center line of Mt.' Loretta Avenue to a point where the center line of Mt. Loretta Avenue inter - "sects the center line of English Lane; thence southerly and --easterly along the center line of English Lane to a point where the center line of • English Lane intersects the center line of Southern Avenue; thence southeasterly along a line extending from said point to the southwest corner of Mineral Lot 38; thence easterly along the south line of Mineral Lot 38 to a point where said line extended would intersect the main channel • of the Mississippi River ; shall constitute and be known as the First Precinct ; and all that portion of said ward lying south and .west of said boundary lines shall constitute and be known as the Second Precinct. 1 1 46 REVISED CITY ORDINANCES § 5. SJCOND WARD. Sec. 2. That the Second Ward of said city shall be divided into two election precincts, as fol- lows: All that portion of said Ward east of the center line of Locust Street shall constitute the First Precinct and all that portion of the Ward west of the center line of Locust Street shall constitute the Second Precinct. § 6. THIRD WARD. Sec. 3. That the Third Ward shall be divided into three precincts as follows : All that portion of said Ward between the center line of Eighth Street and the center line of Twelfth Street shall constitute the First Precinct; all that portion of said Ward between the center line of Twelfth Street and the center line of Fifteenth Street shall constitute the Second Precinct; all that portion of said Ward north of Fifteenth Street shall constitute the Third Precinct. § 7. FOURTHS WARD. Sec. 4. The Fourth Ward shall be divided into three election precincts as follows : All that portion of said Ward south of the center line of Fourteenth Street and West Fourteenth Street and east of the center line of Alta Vista Street shall constitute the First Precinct; all that portion of the Ward west of the center line of Alta Vista Street and south sof the center line of West Locust and Arch Street to the city limits shall constitute the Second Precinct; all that portion of said Ward north of the center line of Fourteenth and West Fourteenth Street and east of the center line of Alta Vista Street extended to intersect with the center line of West Locust Street and all north of the center line of West Locust Street and Arch Street to the city limits shall consti- tute the Third Precinct. § 8. FIFTH WARD. Sec. 6. The Fifth Ward shall be di- vided into. four election precincts, as follows : All that portion of said Ward lying west of the center line of Couler Avenue shall constitute the First Precinct; all that portion of said Ward north of the center line of Twentieth Street, east of the center line of Couler Avenue, south of the center line of Sanford Street and west of the center line of Windsor Avenue shall constitute the Second Precinct; all that portion of said Ward east of the center line of Windsor Avenue and north of_ the center line of Twentieth Street shall constitute the Third Pre- cinct; all that portion of said Ward north of the center line of Sanford Street between the center line of Couler Avenue and the center line of Windsor Avenue to the city limits shall con- stitute the Fourth Precinct. Note : Code (1913), Section 1090. REVISED CITY ORDINANCES TITLE III. CITY OFFICIALS. 47 Ordinance No. 3. An Ordinance Providing for the Election and Qualification of Certain Officers, Fixing their Term of Office and Relating to Vacancies in such Offices. Be it Ordained by the City Council of the City of Dubuque: § 9. O1'rIC RS TO B ELTCT D. Section 1. That, at each regular City election there shall be elected a Mayor, Recorder, Auditor, Treasurer, City Attorney, Assessor, Engineer, two , Alderman -at -Large and an Alderman from each Ward. § 10. TF'RM of ORRICE.. Sec. 2. The term of office of all such elective officers, except the Mayor, Aldermen and Assessor shall commence on the first day of May following their election and shall continue for two years. The term of the office of the Mayor and Aldermen shall commence when they have taken the oath of Office as hereinafter provided, and shall continue for two years, and the term of office of the Assessor shall commence on the ist day of January following his election, and shall continue for two years from such time. § 11. SHAL1, GIVE BOND. Sec. 3. That before entering upon the duties of his office, each officer, execept Aldermen, shall present to the City Council for its approval, a bond, in the sum fixed by the Council by resolution, which bond shall be signed by the officer and by two resident property owners or by a reputable surety company, as surety, for its performance, which bond shall be payable to the City of Dubuque, and shall provide; that the person named shall faithfully perform the 48 REVISED CITY ORDINANCES duties of the office to which he was elected; that he will prompt- ly pay over all moneys coming into his hands by virtue of his office to the person or officer entitled thereto ; that he will promptly account for all money remaining in his hands at the termination of his office; that he will exercise all reasonable diligence and care in' the preservation of all books, papers and other property belonging to said City, and pertaining to his office, and will deliver the same to his successor or other person authorized to demand and receive the same. That said bond shall be approved or rejected by the City Council, and if ap- proved it shall be endorsed by the Mayor or Mayor Pro tem of the Council, showing the date when approved and shall then be delivered to the Recorder who shall enter it in the Bond Book of the City and file it as part of the records of his office. The bond of the Recorder, after being entered in the Bond Book shall be delivered to the Auditor and.be kept as part of the records of his office. § 12. ACTION ON BONDS. Sec. 4. Whenever it may be necessary to commence action upon the official bond of any City 'officer, such action shall be commenced in the name of the City against the surety or sureties 'upon such bond in a Court of competent jurisdiction and the money recovered or paid shall become ;part of the general fund. of the -City, § 13. SHALT, 'TAKE OATH. Sec. 5. That each officer, before entering upon the duties of his, office shall take the oath of office which shall be administered by the Mayor or the `Mayor Pro tem of the Council at a regular meeting of the Council, which oath shall be as follows: I do solemnly swear and affirm that I will support the constitution of the United States and of the State of Iowa, and that I will faithfully and impartially perform the duties of the office to which I have been elected (or appointed). So help me God. § 14. VACANCIES. Sec. 6.' If at any time, a vacancy shall occur in any elective office, except that of Alderman, through the death, resignation, removal or disability of the officer, the Council shall have authority to fill such vacancy by appointment. The person appointed to fill such office shall act . until the next regular election, when the vacancy shallbe filled REVISED CITY ORDINANCES 49 by election. If a vacancy occurs in the office of Alderman, more than 6o days prior to a regular City election, such vacancy shall be filled by special election as provided by the laws of Iowa. Note : Election and Qualifications. Charter Section 3. Term of Office. Code Section 94o. • Officer shall give bond and take oath. Charter Section 3. Vacancies. How filled. Charter Section 7. Vacancies in council shall be filled by special election. Code (1913) . Section 937. Ordinance No. 4. An Ordinance Providing for the Appointment of Deputies or Assistants to Certain Officers and Defining their Duties. Be it Ordained by the City Council of the City of Dubuque : §-15. APPOINTMENT How MADE. Section i. The Re- corder, Auditor, Treasurer, Attorney, Assesor and Engineer shall have the power to appoint one or more deputies or assist- ants subject to the approval of the Council. The term of office of such deputies or assistants shall be the same as that of the officer making the appointment and no deputy shall be removed except by action of- the Council upon recommendation .of the officer making the appointment, or by resolution. That in ad- dition to such deputies or assistants, the Council may appoint clerks in any office whenever it may be necessary for the proper performance of the duties of the office, and such appointee shall serve at the pleasure of the Council. § 16. COMPENSATION of DEPUTIES AND ASSISTANTS. Sec. 2. That deputies or assistants shall receive the compen- sation fixed by the Council, which compensation shall not be increased or reduced during the term of office of any such deputy or assistant. § 17. DUTIES. Such deputies or assistants shall assist the officer by whom he was appointed, in performing the duties of his office, and when said officer is absent or unable to per- form his official duties the deputies shall act for him and shall be responsible for the proper performance of the duties of the office. Whenever a vacancy shall occur in any elective office 50 REVISED CITY ORDINANCES the deputies shall perform the duties of the officer until a suc- cessor is appointed or elected. § 18. SHALL GIVE BOND AND TAKE OATH. Sec. 4. Deputies, when required by the Council, shall file a bond be- fore taking office and take the oath of office as provided in Ordinance No. 3, and all of the provisions of such ordinance relating to elective officers is hereby made to apply to the deputy or deputies of such officer. Ordinance No. 5. An Ordinance Relating to the Removal of City Officers and Prescribing the Manner of Preferring Charges and Hear- ings, and Determining the same. Be it Ordained by the City Council of the City of Dubuque : § 19. GROUNDS VOR REMOVAL. Section I. Any officer of the City, whether appointive or elective, including members of any board or commission, whether they receive compensa- tion for their services or not, may be removed from office upon being found guilty of any of the following offenses, to -wit : For habitual or wilful neglect of duty; for gross partiality; for extortion; corruption or oppression' in. office; for wilful mis- feasance or malfeasance in office; for failure to account'.for public funds or property in his.hands, when called upon to do so, by an officer having authority to demand the same, and for any disability preventing the proper discharge of the duties of his office, when such disability is • due to habitual drunkenness or immorality. § 20. How CHARGES SHALL BE PREVERRED. Sec. 2. All charges preferred against any officer; sof the City of Dubuque, under this ordinance shall be by complaint made in writing, signed and sworn to by some resident of the City of Dubuque and directed to'the City Council of the City of Dubuque; which complaint shall briefly set forth the name of the person charged and the facts which constitute the charge preferred, and shall be presented to the City Council at any regular or special meet- ing thereof.. If - in their opinion the matter set forth in such complaint warrants an investigation and trial of the party there- in charged, the Council shall appoint a time for the hearing, giving the defendant not less than three nor more than ten days notice of the time and place of such trial; such notice shall REVISED CITY ORDINANCES 51 be in writing, signed by the Mayor and shall, together with a copy of the complaint, be served on the defendant by the Chief of Police or any other peace officer in like manner as original notices are served under the laws of Iowa. The City Recorder shall issue subpoenas for witnesses and the City Council may require the production of the books and papers. § 2I. How HEARING SHAI,1, BE CONDUCTED. Sec. 3. At the time set for trial the Council will proceed to the hearing of the case, unless for good cause shown by either party the Council shall deem it just to continue the hearing to a future day. Upon the trial, the City Attorney, or such other person as may be designated by the City Council, shall conduct the prosecution, and the defendant may be heard by himself or his attorney. If the defendant after being notified fails to appear and answer to the complaint, or if he admits the truth of the matter set forth in the complaint, the Council may, on their own motion, hear evidence in the matter, or at once pro- ceed to a final vote as hereinafter provided. All questions arising in the progress of the hearing shall be determined by a majority vote upon the ayes and nays. As soon as the hearing of the case is closed, the presiding officer shall put the question : "Is the defendant guilty?" the vote to be taken by the ayes and nays. If more than one charge is preferred in the complaint, the question shall be put separately on each. It shall require an affirmative vote of two-thirds of all members elected to the Council to find him guilty. If the defendant is found guilty as herein provided, the Mayor or presiding officer shall forth- with declare : "That by judgment of the City Council the de- fendant is removed and expelled from the office heretofore held by him." § 22. RECORDER SHALL PRESERVE RECORD. SCC. 4. It is hereby made the duty of the Recorder to enter upon his records a copy of all complaints filed under the ordinance, with a brief statement of the proceedings had in each case, and the final vote and decision with the ayes and nays thereon. § 23. REMOVAL Dcws NOT RELEASE BOND. Sec. 5. The removal or expulsion of any officer of the City under the pro- • visions of this ordinance shall not exempt him nor his sureties from liability on his official bond. Note: Charter Section 26, 27. Code Section 258. Laws governing Title VI, Chapter 8. 52 REVISED CITY ORDINANCES Ordinance No. 6. An Ordinance Fixing the Salary and Compensation of Officers and Deputies and of Appointees of the City. Be it Ordained by the City Council of the City of Dubuque : § 24. SALARIES FIXED VOR F' I,'1CTIVE OF'F'ICERS. Sec- tion 1. That after May 1, 1920, the elective officers of the City shall be paid as salary the following sums: Mayor $2,500.00 per annum Aldermen (each) 600.00 per annum Treasurer 2,000.00 per annum Auditor 1,700.00 per annum Recorder 1,700.00 per annum Assessor I,7oo.00 per annum Attorney 2,500.00 per annum Engineer 2,400.00 per annum That the deputies or assistants to such elective officers shall receive such salaries as the Council may fix by resolution. § 25. SALARIES SHALL NOT BE CHANGED DURING TERM. Sect. 2. The emoluments of any elective officer or deputy shall not be increased or diminished during the term for which he shall have been elected or appointed, nor shall any change of compensation effect any officer during his term of office, unless the office be abolished. No person, who shall have resigned or vacated any office, shall be eligible to appointment to the same during the time for which he was elected or appointed, when during the same time the emoluments have been increased. § 26. How SALARIES FIXED F'OR APPOINTEES. SCC. 3. Appointive officers shall receive such salaries .as the Council may by resolution fix for each office. The salary of appointive officers shall be fixed by the month and the same may be in- creased or reduced, or such office may be abolished at the pleasure of the Council, unless otherwise provided by the ordin- ances of the City or the laws of Iowa. Note : Council shall fix salaries. Charter 7, Par.' 2. Code Section 943. Compensation of Mayor. Code 945. Compensation of other officers. Code 946. 38 G. A. Chapter 177-178. REVISED CITY ORDINANCES 53 Odinance No. 7. An Ordinance in Relation to Appointive Officers of the City. Be it Ordained by the City Council of the City of Dubuque : § 27. POWER TO APPOINT. Section i. That all appointive officers provided for by ordinance or the laws of Iowa shall be appointed by the Council or Mayor in the manner provided by such ordinance or law, but no appointive shall be of any force or effect until the same has been reported to the Council in writing, which report shall state the amount of compensation such ap- pointee shall receive and the length of time for which such appointment is made. • § 28. COMPENSATION. , Sec. 2. The compensation of appointive officers. shall be the amount fixed by resolution of the Council and no one appointing an officer shall have author- ity to fix any other compensation. § 29. REMOVAL. Sec. 3. The Council shall have the. authority to remove any appointive officer or to abolish his office at any time, unless otherwise provided by ordinance or the laws of Iowa. Note : No appointment shall be for more than two years. Code 94o. Appointive officers shall give bond. Charter Section 3. Ordinance No. 8. An Ordinance Defining the Duties and Powers of the Mayor and Mayor Pro Tem. Be it Ordained by the City Council of the City of Dubuque: § 3o. GENERAL, POWERS. Section i. The Mayor shall have and exercise all powers and perform all the duties pre- scribed by law and by the Ordinances and Charter of the City. He shall be the chief executive officer of the city and shall have general supervision over all departments and offices of the city. § 31. SPECIAL DUTIES. Sec. 2. He shall sign all con- tracts and agreements on behalf of the City, and shall have charge of and cause to be prepared and published all statements and reports required by law, or by ordinance or resolution of the City Council. 54 REVISED CITY ORDINANCES § 32. SHALL PRESIDE OVER COUNCIL. Sec. 3. He shall not be a member of the Council but shall preside at Council meetings, with the right to vote only in case of a tie; and he shall call regular and special meetings of the same as pro- vided by ordinance or the rules of order adopted by the Coun- cil. § 33. MUST SIGN ORDINANCES. Veto. Sec. 4. He shall •sign every ordinance or resolution passed by the Council before the same shall be in force. If he refuses to sign any ordinance or resolution, he shall call a meeting of the Council within 14 days thereafter and return the same, with' his reasons therefore. If he fails to call a meeting within the 14 days or fails to return the ordinance or resolution, with his reasons, as herein re- quired, such ordinance or resolution shall become operative without such signature, and the Recorder shall record it in the Ordinance book, with a minute of the facts making it opera- tive. Upon the return of any such ordinance or resolution by the Mayor to the Council, it may pass the same. over his ob- jections, upon a call of the ayes and nays, by not less than a two-thirds vote of the Council, and the Recorder shall certify on said ordinance or resolution that the same was passed by a two-thirds vote of the Council, and shall attest it as Recorder. § 34. MAY REQUIRE REPORT. Sec. 5. He shall have authority to examine into the condition of any department or office of the City and to require officers to prepare reports or statements relating to the affairs of their . office whenever he may deem it necessary, for the proper administration of the business of the City. § 35• SHALL CONSERVE THE PEACE. Sec. 6. He shall be a conservator of the peace within the City and has power to call upon the police force of the City, or if necessary, to call. any citizen to aid him in preventing any breach of the peace. He shall assist in the enforcement of the laws of the State and the ordinances of the City, and he may exercise all jurisdiction given him by the laws of the State in the enforcement of crimi- nal statutes. § 36. SHALL HAVE AN OF'F'ICE. Sec. 7. The Mayor shall maintain an office in the City Hall for the transaction of all business relating to the City . REVISED CITY ORDINANCES 55 § 37. BOARD OP HEALTH. Sec. 8. He shall he ex -officio chairman of the Board of Health of the City and shall possess all of the powers and perform all of the duties pertaining to the Board of Health, which are now or may hereafter be re- quired by the laws of Iowa and the ordinances of the City. He shall sign all notices of quarantine and releases from the same. § 38. MAYOR PRO TEM. Sec. 9. The Council shall at the first meeting after each regular election choose one of the Alderman to act as Mayor Pro Tem in the absence of the Mayor, or when, for any reason the Mayor is unable to perform his official duties. The Mayor Pro tem shall, while acting as Mayor, exercise all the powers and perform all the duties of the Mayor, and all of his official acts, while so acting, shall have the same force and effect as if the same had been performed by the Mayor. Note : Duties prescribed. Charter Section i L. Shall be member of Board of Health. Code Section 1026. Mayor 'has same jurisdiction as Justice of Peace. Code 1913, Section 691. Jurisdiction of Mayor extends to both civil and criminal actions for violation of ordinances. Ottumwa vs. Scott, Iowa. Mayor shall sign all ordinances and resolutions. Code Section 685. Altman vs. Dubuque, III Iowa, 105. Not a member of Council. 38 G. A., Chapter 185. • Shall vote only in case of tie. 38 G. A., Chapter 185. .Ordinance No. 9 An Ordinance Defining the Duties and Powers of the Recorder. Be it Ordained by the City Council of the City of Dubuque: §'39• " CLERK OP COUNCIL. Section L. The Recorder shall act as clerk of all meetings of the Council, and shall keep a complete record of all proceedings had at said meetings. He shall receive and file all petitions, communications, and other papers or records which are brought before the Council in the administration of its business. He shall make a record of all resolutions, laws, and ordinances offered or adopted, and of all other business transacted at each ,meeting. REVISED CITY ORDINANCES § 40, SHALL PUBLISH RECORD. Sec. 2. He shall pre- pare and publish all records of the proceedings of the Council, both in the official papers and in the monthly and yearly official record as provided in Ordinance;..No. 82. § 41. CUSTODIAN O1 RECORDS. Sec. 3. He shall have custody of all ordinances, resolutions and orders passed by the Council, also all reports of officers or committees, and all other papers and records filed With him or with the Council, in- cluding notices served upon the City, all of which shall be endorsed with his signature, and the date when filed or served. He shall place all such instruments of record in his office in the books provided for that purpose, which shall be the permanent record of all such instruments, and he shall publish such in- struments when required by the ordinances of the City or the laws of Iowa. He shall not allow any papers, records or documents filed in his office to be taken therefrom, except by an officer entitled to the possession of the same, and he shall re- quire such officer to receipt to him for the same. He shall fur- nsh a certified copy of any paper, record, or document filed in his office to any officer when the same is necessary, without charge, and he shall furnish a certified copy to any other person when requested; for which he shall receive 25 cents per folio, which shall be paid into the general fund of the City. § 42. SHALL SERVE NOTICES. Sec. 4. He shall serve all notices on behalf of the City in the manner provided and as required by resolution, ordinance, or the laws of Iowa, and shall secure an affidavit of publication andfile the same in his office and record the sante as part of the records of his office. § 43. CUSTODIAN or SEAL. Sec. 5. He shall have the custody of the seal of the City and shall attach the same to all deeds, contracts, bonds, or other instruments which are re- quired by law or ordinance to be attested by him as Recorder, and shall keep a record of the same in the book kept for that purpose in his office. § 44. SHALL ISsuE LICENSES. Sec. 6. He shall issue licenses upon order of the License Clerk and keep a register of all such licenses granted by the City, showing the date when issued,. and the. business or purpose for which issued, the per- son or firm to whom issued, and the date of expiration of the same. REVISED CITY ORDINANCES 57 § 45. SHALL DRAW WARRANTS. Sec. 7. Whenever the Council shall allow and order paid, any bill, account, pay roll, or other indebtedness owing by the City, the Recorder shall draw a warrant to pay the same, which warrant shall show on its face, the number, date, amount, drawee's name, and in pay- ment of what indebtedness it is drawn, and the Recorder shall attest the same to the Auditor, but no warrant shall be drawn for i}lore than one thousand dollars. § 46. CLERK or BOARD O1' HEALTH. Sec. 8. He shall act as Clerk of the Board of Health, and shall attend all of its meetings, and keep a record of the proceedings of such meet- ings. He shall make reports of the proceedings of the Board to the Council, as provided by the rules of the Board, and shall make all reports t� the State Board of Health, which may be required by ordinance or the laws of Iowa, or by the rule of the State Board of Health. All proceedings, orders, rules and regulations of the Board shall be attested by him, as Clerk of the Board, and he shall publish all notices necessary to be published by the Board as provided by ordinance or the laws of Iowa. § 47. RECORD OI' COMMITTEES. Sec. 9. He shall keep a record of all committees of the Council, except the Committee of the whole, and the business referred to them, and shall notify the members of all meetings of such committee. § 48. GENERAL POWERS AND DuriEs. Sec. Io. He shall exercise all of the powers and perform all of the duties, as pro- vided by ordinance or the laws of Iowa. He shall also exercise all the powers and duties of the City Clerk as provided by the laws of Iowa, unless otherwise provided by ordinance. Note : Duties prescribed. Charter, Section 12. Shall act as Clerk of Board of Health. Code Section 1026. Shall act as Clerk of Board of Equalization. Code 1913, Section 1371. Notices of claims for personal injury shall be filed with the Recorder. Code Section 1051. Nomination papers shall be filed with the Recorder. Code Section 1104. Recorder must sign and publish ordinances. Code Sec- tion 952-954. Shall register and attest all bonds. Code 844. 58 REVISED CITY ORDINANCES Ordinance No. io. An Ordinance Defining the Duties and Powers of the City Treasurer. Be it Ordained by the City Council of the City of Dubuque : § 48. DUTIES. Section I. The Treasurer shall receive all money payable to the City of Dubuque and disburse the same to the persons entitled thereto. The Treasurer shall make no payments from the treasury, except upon the written obligation of the City or a warrant, which has been signed by the Mayor, attested by the Recorder, and countersigned by the Auditor, or upon -the written order of an officer authorized to issue the same. The warrants presented to him shall, upon payment, be charged to the fund upon which the warrant is drawn. If a warrantshall be presented which is drawn upon a fund in which there is no money to pay the same, he shall endorse upon the warrant in red ink the date it is presented for payment and the words "no funds," and he shall keep a record of the same. That the Treasurer shall issue a duplicate receipt for all money paid into the City treasury, but no receipt issued by the Treasu- rer shall be binding upon the City until one copy of the receipt has. been delivered to the Auditor to be filed in his office, and the other copy has been .countersigned by the Auditor and delivered to the payee. § 49. SHAI,I, MAKE MONTHLY REPORTS. Sec. 2. That at the close of each 'month, the Treasurer shall deliver td the Auditor all bonds or interest coupons, and all warrants and orders paid during the preceding month, for. cancellation, to- gether with an itemized statement of the same. § 5o. DUTIES. Sec. 3. The Treasurer shall keep such books and records as may be necessary to show the receipt and disbursement of money received or paid out, and he shall enter therein all money received showing on what account received, and when, how, to whom, and for what purpose paid out, together with such other information as may be necessary to make such account complete, intelligent, and self-explanatory. The books and records of his office shall at all times be open for inspection by officers of the City, and he shall prepare state- ments of accounts or reports of the condition of the finances of the City, for such officers, when required. REVISED CITY ORDINANCES 59 §51. GENERAL, POWERS AND DUTIES. Sec. 4. The Treas- urer shall exercise such other powers and perform such other duties, including the powers and duties relating to the collec- tion of taxes of all kinds, as may be .provided by ordinance or the laws of Iowa. Note : Duties prescribed. Charter Section Is. Ordinance No. An Ordinance Defining the Duties and Powers of the City Auditor. Be it Ordained by the City Council of the City of Dubuque : § 52. SPECIAL .DUTIES. Section I. The Auditor shall be the general accountant of the City, and shall receive and preserve in his office all account books, vouchers, documents and papers relating to the accounts and contracts of the City, its revenue, debt, and fiscal affairs, whether between the City and any officer thereof, or between the City and any other person or corporation; he shall be custodian of all contracts and leases in which the City is interested, and all deeds or papers of ,, value, and of all other public records, except such as may by law or ordinance be placed in the custody of some other officer. Such records, papers, and documents shall not be removed from his office, except by an officer entitled to receive thein and then only upon such officer giving his receipt for same. § 53. SPECIAL, DUTIES. Sec. 2. It shall be the duty 'of the Auditor to examine and audit all claims against the City, for the payment of which any money may be drawn out of the treasury; to keep in proper books in a correct legible form, in double entry, the accounts between the City and all officers, persons, or corporations, who may have the right to receive or disburse money for the City; to countersign and keep a register of all warrants drawn on the treasury, specifying the date when drawn, the amount, the name of the payee, and out of what fund payable. He shall deliver all warrants drawn on the treasury to the person entitled to receive the same, taking receipts therefor, and charge the same to .the proper account; he shall keep an account of all debts due to and from the City, and a bill book in which he shall enter all bonds, notes, and 6o REVISED CITY ORDINANCES other obligations given by or payable to the City, with the - name of the person or persons, by or to whom given, • and the time when, and the place where, the principal and interest are payable, with the rate of interest. He shall keep in proper books the accounts between the City and the City Treasurer, charging him with all money received into the treasury, speci- fying the source from which said money has been received, and charging him with all warrants drawn on the treasury when paid by him. He shall keep separate accounts with the differ- ent funds in the treasury and of any revenue which may be set apart or appropriated for any particular object, by ordinance or resolution of the Council. § 54• SPECIAL, DUTIES. Sec. 3, Whenever any money shall be found by the Auditor to be due to the City from any City officer, and which money shall not be paid into the City Treasury within thirty days after payment is due, the Auditor shall certify the amount so due to the City Council at the next regular meeting thereof. He shall, when required, furnish the City Council or city officers with copies or abstracts of any book, accounts, records, vouchers, or documents in his office, and shall furnish then with information in regard to all mat- ters pertaining to his office or to the revenue of the City, and shall at all times permit any member of the City Council or City officer to examine the books, papers, or documents in his office. §55• SPrcIAI, DUTIES. Sec. 4. He shall make and pre- sent to the City Council each month, a correct statement show- ing the amount paid out during the month and the balance on hand at the end of each month, in each of the funds of the City, and he shall prepare for publication before Ajpril ist of each year a cdmplete statement of all receipts and expenditures of City money for the preceding year. 56. GENERAL, DUTIES AND POWERS. Sec. 5. That in addition to the duties and powers hereinbefore set out, he shall exercise all powers and perform all duties provided by the ordinances of the City and the laws of the State of Iowa. Note : Duties prescribed. Charter Section 13. In City election, shall perform same duties as County Auditor in County elections. Code 1913, Section 1o87a, 34. REVISED CITY ORDINANCES 61 Ordinance No. 12. An Ordinance Defining the Duties and Powers of the City • Attorney. Be it Ordained by the City Council of the City of Dubuque : § 57. - SPECIAL, DUTIES. Section i. It shall be the duty of the City Attorney : ist. To appear for the City and prosecute or defend all causes in the District and Supreme Courts of the State and the District, Appellate, and Supreme Courts of the United States in which the City is sa party or interested. 2nd. When requested to do so by the Mayor or City Council, or when in his judgment the interest of the City re- quire it, he shall appear in behalf of the City before any other Court or tribunal to prosecute or defend all actions or pro- ceedings in which the City may be a party or interested. 3rd. He shall give his legal opinion upon questions of law arising out of any ordinance, suit, claim, or demand for or against the City; and shall act as the legal advisor of the Coun- cil and of any or all of the City officers, so far as their official duties are involved; he shall give such opinion in writing if called upon to do so. IIe shall, when requested, prepare drafts for contracts, forms and other documents which may be re- quired for the use of the City. 4th. He shall keep as a part of the records of his office a docket of all cases wherein he has appeared as City Attorney on behalf of the City, and shall enter in said docket an entry of all proceedings had in such cases. He shall deliver the said docket, together with all books, papers, and documents in his possession belonging to the City, or pertaining to its business, to his successor in office. He shall keep and preserve as a part of the records of his office a copy of all printed abstracts, briefs and arguments, in all cases in which the City is a party or in- terested; and the same shall be transmitted to his successor in office. 5th. He shall prepare . and file with the City Council at the first regular meeting in March of each year, an abstract of all cases in which he has appeared as City Attorney during the preceding year, together with a statement of the result or con- dition of said cases. 62 REVISED CITY ORDINANCES 58. SPECIAI, POWERS. Sec. 2. The City Attorney shall have the power to adjust claims filed or litigation pending against the City, and to settle the same in the name of the City., with the approval of the Council. He shall also have authority to draw orders upon the Treasury for the payment of witness fees, court costs, and other expenses incidental to litigation, in which he appears as City Attorney, which orders shall be in writing and shall state the name of the payee, the name of the action, and the purpose for which the money is paid, which • orders when countersigned by the Auditor shall be paid by the Treasurer. At the- first meetnig in each month, the City At- torney shall present to the Council a written report of all orders drawn by him during the preceding month, which report shall state the amount of such orders, the name of the payee, the name of the action in which the same was paid, and the purpose for which paid. § 59. GENERAL, DUTIES AND POWERS. Sec. 3. That the City Attorney shall exercise such other powers and perform such other duties as may be provided by ordinance or by the laws of Iowa. Note : Duties prescribed. Charter Section 16. Shall be ex -officio member of Board of Trustees of Fire- men and Policemen Pension Fund. Code 1913, Section 932k. . Ordinance No. 13. An Ordinance Defining the Ditties and Powers of the City Assessor. • Be it Ordained by the City Council of the City of Dubuque : § 6o. DuTIEs. Section 1. It shall be the duty of the Assessor, each year, to list and place a valuation upon all property, both real and personal, within the City, which is subject to assessment by the City of Dubuque for general taxes. That in the discharge of his duties, the Assessor shall have all the power and perform all of the duties prescribed by the laws of Iowa, and he shall be guided in the discharge of his ditties by all of the laws relating to Township Assessors and pre- scribing their duties and powers. REVISED 'CITY ORDINANCES 63 61. SHAI,I, APPOINT ASSISTANTS. Sec. 2. That the Assessor shall appoint two or more assistants, to be approved by the Council, who shall assist him in the performance of his duties and who shall be under his supervision and control. § 62. MANNER Or MAKING ASSESSMENT. SeC. 3. The Assessor and his assistants shall commence work not later than the second Monday in January of each year and shall list each person, firm or corporation, in the City of Dubuque, owning or having control or management of any property either real or personal, which is subject to assessment for taxes by the City of Dubuque for general taxes. That every person assessed shall assist .in listing and valuing such property, when called upon by the Assessor or one of his assistants. Such listing and valuing shall be done on blanks furnished by the Assessor for that purpose. In making such assessment roll, each lot or parcel of land shall be described separately, and the name of each person, firm or corporation owning or having an interest therein shall be set out, except that real estate belonging to an undivided estate may be listed in the name of the estate. That all personal property shall be set out in detail under the proper heading in such assessment roll. That the Assessor or his assistants shall value every item set out in said assessment roll. That the Assessor shall examine all assessment rolls prepared by his assistants and shall endorse thereon an approval of the valuation therein contained. That no valuation of any proper- ty shall be made by the Assessor or his assistants without a personal inspection of the property to be valued. When an assessment roll has been completely filled out, the Assessor or his assistants shall administer the oath or affirmation printed on the assessment roll to the person listing the property, and such person shall sign such assessment roll. The Assessor or his assistant shall deliver a true copy of such assessment roll to the person signing the same, and shall notify him of his right to appear before the Board of Equalization, if he is not satisfied with the value placed upon the property listed by him, but no change shall be made by the Assessor or his assistant in such assessment roll after the same has been signed and sworn to. 63. PENALTY F'OR FAILURE TO ASSIST ASSESSOR. Sec. 4. That any person required by law to list property belonging to himself or to others, who refuses to assist the Assessor or an assistant in listing such property, or refuses to make the oath or affirmation or to sign the assessment roll after the same has 64 REVISED CITY ORDINANCES been filled out, shall be guilty of a misdemeanor and upon eon- victon shall be fined in a sum not to exceed $500.00.. § 64. PENALTY VOR I1'AI[URE TO BURNISH STATEMENT. Sec. 5. If any person, firm or corporation refuses to furnish the verified statements required by Title VII, Chapter One of the Code of Iowa, or to subscribe the oath therein provided for, the Assessor or his assistant shall proceed to list and assess such property according to the best information obtainable, and shall add to the taxable value thereof a penalty of too per cent., which valuation and penalty shall be separately shown and which to- gether shall constitute the assessment. If the valuation of the property, included in such assessment roll be changed by the Board of Equalization or upon appeal, such change shall not effect the penalty herein provided for and the same shall be added to the valuation thus fixed. § 65. SHALL PREPARE TAX Booz. Sec. 6. That when all assessment rolls have been completed, the Assessor and his assistants shall enter the same, in alphabetical order, in the book or books provided for that purpose, showing the name of the owner, the description of the property, both real and personal, and the value of every item of such property. That said work Shall be completed before the second regular Council meeting in August of each year. That at such meeting the Assessor - shall deliver his books to the Board of Equalization for review by said Board. § 66. SHALL COMPLETE TAx Booxs. Sec. 7. That when the Board of Equalization has completed its work, and the Council has levied the tax for that year, the Assessor shall at once proceed to complete the tax lists by carrying out in the tax books, the taxes levied by the Council for that year. The taxes shall be divided so as to show the tax on each piece of real estate and the tax on personal property separately, and each item shall be divided into separate columns for each tax levied. The total tax for each person, firm or corporation shall then be footed up and entered in a separate column. The work of transcribing the tax lists and making the levy shall be com- pleted on or before the first day of December in each year. As soon as the books are completed, the Assessor shall deliver the same to the Auditor. § 67. SHALL. ASSIST TREASURER,. Sec. 8'. That the As- sessor and his assistants shall, when required, assist the Auditor REVISED CITY ORDINANCES 65 and Treasurer in valtiing and assessing taxes on property omitted from the tax lists, or in which a mistake or error was made in valtiing or assessing the same. That he shall also per- form such services for the Board 'of Equalization as may be required by the laws of Iowa. Note : Code Section 939. Duties of Assessor. Code 1354-1458. Assessment of taxes. Code roll. Ordinance No. 14. An Ordinance Defining. the Power and Duties of the City Engineer. Be it Ordained by the City Council of the City of Dubuque : § 68. DUTIES. Section 1. The Engineer shall make, or cause to be made, the necessary surveys, plats, drawings, esti- mates and specifications for all public work ordered by the City Council, or necessary in the prosecution of such public work. He shall make all necessary surveys of streets, avenues, alleys and public places and mark the line therefor in some permanent and substantial manner, and shall make a plat of each survey and file the same with the field notes thereof, as a record in his office. § 69. GRADES. Sec. 2. He shall prepare and report to the Council all grades to be established on streets, alleys and public places, whenever the same shall be necessary in the prose- cution of public work, or when ordered by the Council, and shall file therewith a plat of such grade. He shall establish land marks on such streets, alleys or public places, by which the grade thereof may be readily ascertained. He shall prepare and keep in his office as a part of his record, a grade book in - which shall be recorded and shown the established grade on streets, alleys and public places in the City. § 70. AI.I, RECORDS CITY PROPERTY. Sec. 3. He shall preserve and keep in his office, in a manner convenient for reference the records of his office, and all maps, plats, surveys, books and reports pertaining to his office, and he shall deliver the same to his successor in office, together with all instruments, materials and supplies belonging or pertaining to his office. 5 66 REV SIM CITY ORDINANCES § 71. GENERAL POWERS AND DUTIES. Sec. 4. He shall exercise such other powers and perform such other duties not herein specified, as may be required of him under the ordi- nances of the City or the laws of Iowa. Note : Code Section 94o. Shall be member of Board of Public Work. Code Sec- tion 998. Shall assist Park Board. Code (1913) Section 85oi. • • Ordinance No. 15. An Ordinance Defining the Powers ond Duties of the Citi Marshal, and Providing that he shall Act as Chief of Police and Defining His Powers and Duties as Chief of Police. Be it Ordained by the City Council of the City of Dubuque: g 72. DUTIES AND POWERS. Section 1. It shall be the duty of the Marshal: 1st. He shall inquire into and report to the Mayor, all violations of the City Ordinances and the criminal laws of the State of Iowa and prosecute all persons guilty thereof. 2nd. He shall cause to be enforced, Within the City, the ordinances of the City and the laws of the State of Iowa, and he shall cause to be removed or abated, as provided by the laws of the State or the laws of the City, any nuisance found wthin the City. 3rd. He shall arrest and take into custody without war- rant or process any person, who may be found in any street, alley, market or public place, doing any act in violation of any ordinance of the City and to bring such person or persons, be- fore the Court having jurisdiction thereof, to be dealt with according to law. • 4th. He shall execute all writs, processes or orders issued to him by the Mayor.or Council and make the return thereof according to law. 5th. He shall keep a correct amount of all moneys which come into his hands by virtue of his office, stating from whom received and on what account, and he shall pay over the same monthly to the Treasurer. REVISED CITY ORDINANCES 67 6th. He. shall submit his books to the inspection of the Mayor or the Council for their examination, and report to the Council at the first meeting in each month. 7th. He shall attend the meetings of the City Council and preserve order therein.. He shall perform all other duties that may be required by the ordinances of the City or the laws of the State of Iowa. § 73. SHALL ACT As CHIEF or POT,ICE. Sec. 2. The Marshal shall be ex -officio Chief of Police, and in addition to the powers and duties as Marshal, as provided herein and by the ordinances of the City and the laws of Iowa, he shall ex- ercise such other powers and perform such other duties as Chief of Police, as may be provided by the ordinances of the City or the laws of Iowa. Note : Duties prescribed. Charter 14: Shall be ex -officio Chief of Police. Code (x913) Section 679 f. Shall .be appointed by the Mayor. Code Section 938. See Note to Ordinance No. 28. Ordinance No. 16. An Ordinance Providing for the Appointment of a Street Com- missioner and Defining his Duties and Powers. • Be it Ordained by the City Council of the City of Dubuque : § 74. How APPOINTED AND TERM Or OrvicE. Section 1. The Council shall appoint a Street Commissioner, who shall hold office at the pleasure of the Council but whose term of office shall not continue after the first of May following the next regular election, after his appointment. § 75. SPECIAL DUTIES AND POWERS. Sec. 2. The Street Commissioner shall have general supervision of the streets, avenues, alleys and public places within the City, and he shall be .responsible for the proper maintenance and repair of the same. He shall also oversee the sprinkling of the streets and shall order when and where the same shall be sprinkled. He shall inspect the streets, avenues, alleys and public places at frequent intervals and shall report to the Council any repairs that may be necessary, with an estimate of the costs of the 68 REVISED CITY ORDINANCES same, and when ordered by the Council shall see that such re- pairs are properly made. He shall inspect all improvements of streets, avenues, alleys and public places while the same are in progress and report to the Council any failure of the con- tractor to properly carry out the terms of his contract. Be shall also perform all of the duties and exercise all of the powers in relation to the filling of excavations in streets, avenues, alleys or public places as provided by the terms of Ordinance No. 49. § 76. G NERAI, Durn s AND POWERS. Sec. 3. That the Street Commissioner shall perform such other duties and ex- ercise such other powers not herein specifically set out as may be prescribed by the Ordinances of the City, laws of Iowa or by resolution of the Council. Ordinance No. 17. An Ordinance Providing for the Appointment of a Sidewalk Inspector and Prescribing his Duties and Powers. Be it Ordained by the City Council of the City of Dubuque : § 77. WHEN AND How APPOINTED. Section I. The City Council shall in April of each year appoint some competent person to the position of Sidewalk Inspector, who shall hold office at the pleasure of the Council. § 78. DUTIES AND POWERS. Sec. 2. The Sidewalk In- spector shall have general supervision over all sidewalks, cross walks and culverts, and it shall be his duty to inspect the same as often as necessary to insure there reasonable safety. He shall have power to sign and serve notices on property holders to require them to repair any sidewalk abutting their property, and he shall have authority to order defective or dangerous sidewalks to be repaired forthwith and repair the same if the owner refuses to do so within the time specified. He shall keep a record of all repairs and shall make reports to the Council each month in writing, of the location, character -)f defect, de- scription of lot and name of owner in front of which he has made repairs during the preceding month. That he shall re- port to the City Council all sidewalks which need to be rebuilt and all locations where sidewalks should be constructed, and upon being ordered by the Council, he shall serve notice upon REVISED CITY ORDINANCES 69 the owners specifying the time within which they should be constructed or reconstructed. When ordered by the Council he shall superintend the construction of any sidewalk ordered to be constructed. He shall have power to, require any person or persons to clean walks owned by them or under their control, which become or are liable to become dangerous from any •substance or thing thereon and to remove unlawful obstructions from said sidewalks. He shall report all accidents on streets or sidewalks to the City Attorney and shall perforin such other acts and duties as are usually performed by such officers of the City, and' as required by the ordinance of the City or the laws of Iowa. Ordinance No. 18. An Ordinance Providing for the Appointment of a Committee Clerk and Prescribing his Duties. Be it Ordained by the City Council of the City of Dubuque : § 79. Du'ru s. Section i. The Council shall appoint a Committee Clerk, whose duties shall be as follows : Secretary to Mayor. He shall act as secretary to the Mayor and assist him in the work of his office. Purchasing Agent. He shall act as purchasing agent for the City, and shall upon application issue written orders, to any officer, employee, or committee, having authority to receive them, authorizing such officer, employee, or committee to pur- chase personal property in the name and for the use of the City as provided in Ordinance No. 83. He shall keep a record of all orders issued, showing the person or committee to whom issued and the article or articles to be purchased, and /the fund to which the same are to be charged. Time Keeper. He shall act as time keeper for street laborers and as such shall have charge of the records showing the amount of labor performed for each ward of the City, and shall compare all pay rolls for street labor presented to the Council for payment, with his records, before payment is made. Clerk of Coinlnittee of the Whole. He shall act as Clerk of the Committee of the Whole, and as such shall attend all meetings and keep a record of all proceedings of the Com- mittee, and shall deliver a copy of the same to the Recorder. 70 REVISED CITY ORDINANCES He shall receive all petitions, confmunications or other papers or documents referred to the Committee, by the Council, and shall make a record of the same in the book kept for that purpose, with a summary of the action taken by the Committee on the same. When such action had been taken and such re- cord has been made he shall deliver • all such petitions, com- munications, or other papers or documents, to the Recorder. He shall give notice of .meetings of the Committee when or- dered by the chairman, and shall notify all persons who desire to appear before the Committee, of the time of such meetings. He shall perform such other duties as Clerk of such Committee, as may be ordered by the Committee or the Chairman thereof. License Clerk. He shall act as License Clerk, and as such receive all applications for licenses provided for by ordinance, and when the same are satisfactory shall issue an order to the Recorder to issue such license as provided by Ordinance No. 6o. Ordinance No. 19. An Ordinance Appointing a Harbor Master and Defining his Duties and Powers and Regulating Public Landings and Wharfage. Be it Ordained by the City Council of the City of Dubuque : § 80. APPoINTMtNT. Section i. That,the Council may appoint a Harbor Master, who shall hold office at the pleasure of the Council. That the Harbor Master shall give bond in the sum of One Thousand ($i,000.00) Dollars. §.8i. DuTMs. Sec. 2. It shall be the duty of the Harbor Master to superintend the levee and public landings of the City and to collect wharfage due the City, and to perform such other duties as may be provided by ordinance. That the Harbor Master shall also enforce all ordinances relating to licensing and regulating ferry boats, liveries and landings. § 82. WHAR1AGE. Sec. 3. All boats, shanty boats, boat houses, house boats and water craft of any description, landing at, or anchoring or making fast within one hundred feet of the shore line of • the • levee as herein defined, shall pay the City as wharfage and license for such privilege, the fee of 5o cents per running foot of space along said shore line so occupied. The payment of said wharfage and license fee REVISED CITY ORDINANCES 71. shall not be considered or deemed to give an absolute right to the particular space assigned by the Harbor Master, and any such vessel or craft paying said fee shall at all times be subject to change or removal, as herein provided. Any person, firm or corporation occupying any part of the shore upon the levee as herein defined, between high and low water marks, or making use of the shore line or the space within one hundred feet of such shore line, for any purpose whatever shall pay a wharfage fee of 5o cents per running foot of space so occupied. The' erection of any building, house, shanty, or structure of any kind on the levee as herein defined, between high and low water mark is hereby prohibited. Providing, however, that the Coun-. cil may grant permission for the erection of a building or other structure within the limits defined, upon such terms as it may deem advisable. That in the performance of his duties, the Harbor Master shall have authority to assign space for boats, crafts or launch houses, and no person, firm or corporation, shall land, anchor or remain within the limits prescribed for a longer period of time than 24 hours, unless a space has been assigned to him, or it, by the Harbor Master. All wharfage fees provided for by the terms of this ordinance, shall when collected, be paid into the City Treasury, and the same shall be kept in a separate fund used exclusively for the purpose of im- proving and beautifying the harbor and levee front within the boundaries defined as the levee. § 83. SALE or OII, AND GASOLIN . Sec. 4. The 'sale of gasoline, naptha, oil or other inflamable and combustable sub- stances within a distance of Ioo feet from the shore line upon the levee as herein defined, is hereby forbidden. Provided, however, that the Council may upon application, grant a license to persons, firms or corporations for the sale of gasoline, naptha and oil, within the prescribed limits. The license fee for such privilege shall be $10.6o per year. § 84. LEvEE DJrINED. Sec. 5. That for the purpose of this Ordinance the following limits shall be deemed to be the levee : The entire shore line of the river front from the north line of the Dubuque & Harbor Improvement Company's ad- dition, southerly to the southern boundary line extended of said City (including all of the shore line of the Ice Harbor), and the entire shore line of the river northerly from Seventh Avenue extended to the city limits, except the westerly 700 feet of the south side of the ice harbor of the City of Dubuque 72 REVISED CITY ORDINANCES is hereby exclusively appropriated for harboring all govern- ment steamboats during the winter season. The easterly 175 feet of the northerly side of the Ice Harbor is hereby appro- priated to the U. S. government for its steamboat ways and boat yards for repairing steamboats, as more fully shown on plat filed in the City Recorder's office of the City 'of Dubuque. § 85. PENALTY. Sec. 6. Any person who shall violate any of the terms of this ordinance shall be guilty of a mis- demeanor and upon conviction shall pay a fine not exceeding $100. Note : Charter Sect. 7 Par. 17. Power to establish wharves and fx rate of wharfage is a police power. Stout vs. Dubuque. 32 Iowa, 47. 32 Iowa, 80. Muscatine vs. FIershey, 18 Iowa, 39. Keokuk vs. K. N. L. & P. Co., 45 Iowa, 196. Private wharves : Grant vs. Davenport, 18 Iowa, 179. Keckovet vs. Dubuque, 158 Iowa, 631. REVISED CITY ORDINANCES TITLE IV. ELECTIONS. 73 Ordinance No. 20. An Ordinance Relating to City Elections. Be it Ordained by the City Council of the City of Dubuque: § 86. TIME or HoLmNo. Section i. That the City primary election shall be held on the last Monday in February in each even number year and the regular City election shall be held on the first Monday in April of the same year. Special elections shall be held at such time as may be necessary under the laws of Iowa and the Ordinances of the City. • § 87. REGISTERS. Sec. 2. That at or before the time, fixed by the laws of Iowa, the City Council shall appoint a Board of Registers in each election precinct, who shall per- form the duties prescribed in Chapter 2 of Title VI of the Code of Iowa and the Amendments thereto. - § 88. ELECTION OVVICERS. Sec. 3. That not less than • fifteen days prior to each city primary election the City Council shall appoint three judges and two clerks for each precinct. That each Alderman shall be appointed a judge in his precinct. That not more than two of such judges nor one of such clerks shall belong to the same political party. That the judges and clerks named for the city primary election shall also act as judges and clerks at the following regular election. That at the time such judges and clerks are appointed the City Council Shall select the place iri each precinct where the polls shall be located for such primary and regular election. § 89. .PROCLAMATION. Sec. 4. That not less than ten days before each primary and each regular election the Mayor shall issue and publish a proclamation as provided by Section 74 REVISED CITY ORDINANCES 4 of the Charter of the City, which proclamation shall set forth the statements required by said Section 4 and also the officers to be nomnated or elected, the place where the polis will be located in each precinct and the time for opening and closing the polls. The Mayor shall give such notice of special elections as may be required by the laws of Iowa or the Ordinance of the City. § 90. LAWS GOVERNING ELEcnoN. Sec. 5, That all other matters relating to the nomination or election of City officers, the manner of conducting such elections and the can- vassing of the votes cast shall be governed by the laws of Iowa as set out in Title VI of the Code of 1897. Note: Charter Section 3 and 4. Code Section 940. Election in Special Charter Cities shall be governed by general election laws. Code Section 936. General election laws. Code, Chapter VI as amended. In City elections Council shall perform the same duties as Board of Supervisors in County elections. Code (1913) Section 1o87a, 34. Registration of voters. Code Title 6 Chapter 2. 'Election Board. Code Section 1093. Primary election. Code (1913) Section 1o87a, 34. Ordinance No. 21. An Ordinance Governing Contested Elections and Tie Votes. Be .it Ordained by the City Council of the City of Dubuque: § 91. WHEN APPLICABLE. Section i. If any candidate, at a regular City election shall desire to contest the result of such election, he shall have the right to have the matter heard and determined by a court of contest. § 92. CONTESTANT SHALL nix smiuENT. sec. 2. The contestant shall file a verified statement with the Recorder giving notice of his intention to contest such election, which statement shall set forth the name of the incumbent, the office contested, and the grounds of contest. The grounds of contest shall be fully set out so that the other party may be fully in- formed in regard to the same. REVISED CITY ORDINANCES 75 § 93. BOND TO BE FILED. Sec. 3. The Recorder shall serve a copy of the statement of the contestant upon the other • party, who shall file a verified answer within five days after such statement has been served upon him, and at the same time shall file a bond as provided in the foregoing section. § 94, TIME or }TEARING. Sec. 4, The contest shall he heard not less than twenty nor more than thirty days after the contestant has filed his notice of contest, and the parties shall be given written notice of the time named for the hearing of the contest. No adjournments or continuance of such hearing shall be for a longer time than is necessary to give the parties in opportunity for a fair trial. § 95. COURT OV CONTEST. Section 5. The, contest shall be heard by a court of contest to be formed as follows: The Mayor shall be a member and the presiding officer, but if he is a party to the contest, then the Mayor Pro tem shall act in his place. At least one day before the time set for 'the hearing of the contest both partics thereto shall file with the Recorder a written nomination of one judge to act as a member of the Court of contest. If either of the parties fail to nominate, or either of the parties nominated fail to act, the other members of the Court shall, before commencing the hearing of the con- test, appoint a third member of the Court. When the Court has been formed, the members shall be sworn by the Recorder in the manner and form of trial jurors in a civil action. § 96. TRIAL. Sec. 6. The Court shall have power to call witnesses and to examine them under oath. Both parties May introduce oral or written testimony, and the trial shall be conducted in the same manner as a trial at law in the District Court of Iowa. The parties may appear in their own behalf or by counsel. § 97. JUDGMENT. Sec. 7. At the close of the testimony the Court shall decide who was duly elected and adjudge the person so declared elected, to be entitled to the certificate. If the judgment be against a party who has already received the certificate, the judgment shall annul the same. The judgment shall also provide for the payment of the costs of the contest, which shall include a fee of $4.00 per day for each member of the Court of contest. This judgment shall be in writing and signed by the members of the Court, and shall be filed in the office of the Recorder together with a record of the hearing. 76 REVISED CITY ORDINANCES § 98. LAWS GOVERNING. Sec. 8. All the provisions of Chapter 2 Title VI of the Code of Iowa of 1897 relating to contesting the election of county officers, so far as the same is applicable, and except as herein modified, shall apply to con- tests held under and by virtue of this ordinance, including the right of appeal to the District Court as provided in Section 1222 of the Code of Iowa. § 99. TTS VoTrs. Sec. 9. Whenever two or more can- didates, at a regular City election, receive the same and the highest number of votes for any elective office, the Recorder shall notify the persons to appear at a regular or special meet- ing of the Council to determine by lot which of them shall be declared elected. § 100. Iow DECIDED. Sec. 10. The Mayor, or if he is a party, the Mayor Pro tem, shall determine in what manner the lot is to be decided. When it has been decided by the lot who shall be declared elected, the Council shall declare that party to be the regularly elected officer and the entire proceed- ing and the result thereof shall be made a matter of record by the Recorder. Note : Parties to contest have right to appeal to District Court. Code Section 1222, Sterne vs. Off, 149 Iowa 96. REVISED CITY ORDINANCES TITLE V. BOARDS AND COMMISSIONS. 77 Ordinance No. 22. An Ordinance Relating to the Appointment of Water Works Trustees and Defining their Duties and Powers. Be it Ordained by the City Council of the City of Dubuque : § I01. APPOINTMENT. Sec. 1. The City Water Works shall be under the control and direction of the Board of Water Works Trustees, consisting of three members, who shall be appointed by the Mayor, by and with the approval of the Council, in the manner provided by the laws of Iowa, and shall hold their office for the term of years provided by law. § IO2. BOND—QUALTI'ICATIONS. Sec. 2. The said Trus- tees shall give bonds in the sum of $5,000.00, for the faithful performance of their duties and the faithful accounting for all moneys that may come into their hands or that shall in any way be earned or belong to the City Water Works. They shall be residents and qualified electors of the State of Iowa and the City of Dubuque, and the permanent removal from the City of Dubuque by either of them shall cause a vacancy in his office. When a vacancy shall occur, the Mayor shall appoint a person to fill out the unexpired term.' The said Trustees shall receive no compensation. § 103. POWERS AND DUTIES. Sec. 3. The said Board of Trustees shall have power to carry into execution the con- tract or contracts for the purchase or erection of such Water Works, and to employ a superintendent and such other em- ployes as may be necessary and proper for the •operation of such works, for the collection of water rentals, and for the con- duct of the business incident to the operation thereof. The said Board of Trustees shall require of the superintendent, and 78 REVISED CITY ORDINANCES of the other employes, as they may deem proper, good and sufficient bonds, the amount thereof to be fixed and approved by said Board, for the faithful performance of their duty; such bonds to run in: the ,name of the city and to be filed with the City Recorder and kept iii his office. All money collected by the Board of Water Works Trustees shall be deposited at least weekly by them with the Treasurer, and all money so deposited and all tax money received by the Treasurer from any source, levied and collected for and on account of the City Water Works, shall be kept by the City Treasurer is a separate and distinct fund. The Treasurer shall be liable on his official bond for such funds the same as for other funds received by him as such Treasurer. Such moneys shall be paid by the:Treasurer only on the written order of the Board of Water Works Trus- tees, who shall have full and absolute control of the application and disbursement thereof for the purpose prescribed by law, including the payment of all indebtedness arising in the con- struction of such works, and the maintenance, operation and extension thereof. Note: Code (1913) Section 1056a, 1, to 1956a, 3. Code Title V, Chapter 5, as amended. Board of Water Works Trustees has power to bind the City. Martin-Strelau Company vs. City, 149 Iowa, i. Ordinance No. 23. An Ordinance Relating to the Appointment of the Bathing Beach Commission, Defining its Duties and Powers and Providing for the Management of the Public Bathing Beach or Beaches. Be it Ordained by the City Council of the City of Dubuque : § 104. How COMPOSED. Section i. That the Bathing Beach Commission of the City shall consist of five members, one of whom shall be an Alderman of the City, and the other members shall be citizens of the City, either men or women. § 105. APPOINTMENT AND TERM OF' OF'rICE. SeC. 2. The members of the Bathing Beach Commission shall be ap- pointed by the Mayor, before May 1st following each regular City election. The term of office of the members shall be two years, commencing on May ist following their appointment. REVISED CITY ORDINANCES 79 § 106. POWERS AND DuPiEs. Sec. 3. The Bathing Beach Commission shall have control and management 'of the public bathing beach or beaches of the City, which have been or 'may hereafter be established. They shall have power to expend money appropriated by the City for bathing beach purposes, subject to the approval of the City Council. They shall have no power to incur debts or obligations in the naive of the City without the consent of the Council. . They shall prepare. and file an annual report with the Council, not later than February 28, of each year, which report shall show the work done by the Commission, and the money received or expended by it, or at its request, during the proceding year. • §io7. No COMPENSATION. Sec. 4, The members of the Bathing Beach Commission shall serve without compensation for their services. § io8. POWERS. Sec. 5. The Bathing Beach Commis- sion shall have power to make rules and regulations governing the manner of conducting the public bathing beach or beaches of the City, which rules and regulations shall not be in conflict with any City Ordinance. They shall also have power and authority to appoint one or more persons to enforce the rules and regulations, and to assist in the management of the public bathing beach or beaches, which appointees shall have all of the powers of a police officer in enforcing the rules and regulations of the Commission. § 109. CITY NOT LIABLE. Sec. 6 The City of Dubuque shall be in no way liable or responsible for accidents or in- juries to any person or persons when such accidents or injuries occur outside the limits alloted to the public bathing beach or beaches, nor shall the City of Dubuque be liable for any ac- cidents or injuries occuring inside the limits of the public bathing beach or beaches unless the same shall be caused by negligence on the part of the City. Ordinance No. 24. An Ordinance Relating to the Appointment of the Levee Im- provement Commission of the City and Defining its Duties. and Powers. Be it Ordained by the City Council of the City of Dubuque : § to. Section 1. That the Levee Improvement Com- mission of the City of Dubuque shall_ consist of the Mayor, • 8o REVISED CITY ORDINANCES who shall act • as chairman; and four members to be ap- pointed by the Mayor with the approval of the City Council. who must be residents and qualified electors of the City of Du- buque, and shall hold no other official position in said City, and whose terms of office shall be for one, two, three and four years respectively. No member of said Commission shall re- ceive any salary for his services as a member of such commis- sion. Ceasing to be residents of the City of Dubuque, or the acceptance of any other official position in said City, shall be deemed to be a resignation from the Levee Improvement Com- mission. Whenever vacancies occur in the appointive membership of said Commission, the same shall be filled by the Mayor with the approval of the Council. Before entering upon the per- formance of their duties, the appointed members of the Com- mission shall give bond for the faithful discharge of their duties in the sum of Two Thousand (2,000.00) dollars, as pro- vided for in Chapter 49 of the Acts of the 34th General As- sembly. § iii. Sec. 2. The Commission thus created shall possess all the powers and rights conferred upon such commission by the provisions of Chapter 6o of the Acts of the 33rd General Assembly, and of Chapter 49 of the 34th General Assembly of the State of Iowa, and all other acts that may he hereafter adopted by the General Assembly defining or creating the duties, powers and rights of such commission in cities acting under special charters. Note : Duties and powers of Levee Commission. Code (to13) Section 1056a, 6a, to Section 1056a, 6e. Ordinance No. 25. An Ordinance Relating to the Appointment of the Board o Trustees of the Carnegie -Stout 1 %ree Public Library and Defining Its Duties and Powers. Be it Ordained by the City Council of the City of Dubuque : § 112. LIBRARY BOARD. Section I. The Carnegie -Stout Free Public Library of the City of Dubuque shall be under the control and direction of the Board of Library Trustees. Said Board shall consist of nine members who shall be appointed by the Mayor, with the approval of the City Council. REVISED CITY ORDINANCES 81 Biennially before the first day of July, the Mayor shall appoint, with the approval of the Council, three Trustees to succeed the Trustees retiring on the following first day of July, . each of whom shall hold office for six years from the first clay of July, and until his successor is appointed and. qualified. Vacancies occuring in the Board shall be filled by appointment by the Mayor, such appointees to fill out the unexpired term for which the appointment is made. Bona fide citizens and residents of Dubuque, male or female, over the age of twenty- one years, are alone eligible to membership. The removal of any Trustee permanently from the city, or his absence from six consecutive meetings of the Board, except in case of sickness or temporary absence from the city without due explanation of absence, shall render his office as a Trustee vacant. Mem- bers of said board shall receive no compensation for their services. § 113. POWERS. Sec. 2. Said Board of Library Trustees shall have and exercise the following powers : To meet and or- ganize by the election of one of their number as president of the Board, and by the election of a secretary and such other officers as the Board may deem necessary; to have charge, control and supervision of the public library, its appurtenances and fix- tures, and rooms containing the same, directing and controlling all the affairs of such library; to employ a librarian, such assistants and employes as may be necessary for the proper management of said library, and fix their compensation;, but, prior to such employment, the compensation of such librarian, assistants and employes shall be fixed for the term of employ- ment by a majority of the members of said Board voting in favor thereof ; to remove such librarian, assistants or employes by a vote of two-thirds of such Board for misdemeanor, in- competency or inattention to the duties of such employment; to select and make purchases of books, pamphlets, magazines, periodicals, papers, neaps, journals, furniture, fixtures, station- ery and supplies for such library; to authorize the use of sucn libraries by non-residents of such cities and towns and to fix charges therefor; to make and adopt, amend, modify or repeal by-laws, rules and regulations, not inconsistent with law, for the care, use, government and management of such library and the business of said Board, fixing and enforcing penalties for the violation thereof ; and to have exclusive control of the expenditures of all taxes levied for library purposes as pro- vided by law, and of the expenditure of all moneys available 6 82 REVISED CITY ORDINANCES by gift or otherwise, for the erection of library buildings and of all other moneys belonging to the library fund. Said Board shall keep a record of its proceedings. Said Board of Library Trustees shall have power to contract with the trustees of the township or the board of supervisors of the county or of ad- jacent townships or counties, dr with the trustees or governing bodies of neighboring towns or'cities not having library facili- ties for the public, to loan the books of said library, either singly or in groups, upon such terms as May be agreed upon in such contract. • 114. LIBRARY FUND—TREASURER. Sec. 3. All moneys received and set apart for the maintenance of the library and all moneys received from any source, shall be deposited'in the City Treasury to the credit of the Library Fund, and shall be kept by the City Treasurer separate and apart from all other moneys, and paid out upon the orders of the Board of Trustees, signed by its president and secretary. A quarterly statement of all moneys paid out by the City Treasurer on account of such orders shall be made by the Treasurer and filed with the City Council, such quarterly statements to be made on the first day of January, April, July and October of each year, and said report of the Treasurer shall be in addition to the reports re- quired of the Library Board. 115. HAVE CHARGE OF' BUILDING. Sec. 4. Said Board of Trusteesc shall have charge and control of the Carnegie - Stout Free Public Library Building and all gifts and donations to the .City of Dubuque for library purposes, and see that the same are properly preserved for public use. § 116. REPORTS YEARLY. Sec. 5. Said Board of Trus- tees shall each year make to the Council a report for the year ending December 31st, giving a statement of the condition of the library, the number of books added thereto, the number cir- culated, the number not returned or lost, the amount of fines collected, and the amount of money expended in the mainten- ance thereof during such year, together with such information as may be deemed important. Note: Appointment, Code (1913), Section 728. Powers of Board, Code (1913), Section 729, 729d. Library fund to be paid out on order of Board. Code (1913) , Section 73o. Tax for library purposes. Code (1913), Section 732. REVISED CITY ORDINANCES TITLE VI. PARKS AND PARK COMMISSIONERS. 83 Ordinance No. 26. 4n Ordinance Designating Certain Parcels of Ground Owned by the City of Dubuque for Park and Pleasure Grounds. Be it Ordained by the City Council of the City of Dubtique : 117. GROUNDS SET APART. Section i. The following parcels of ground owned by the City of Dubuque and hereto- fore and now used for park and pleasure ground purposes, viz : a. The ground bounded on the east by Iowa Street, on the south by Fifteenth Street, on the west by Main Street, and on the north by lot number seven hundred forty-six (746) be- ing the property now known as Jackson Park. b. The triangular piece of ground immediately north of Fifteenth Street, and between Locust and Bluff Streets being the property now known as Grant Park. c. The public square bounded on the east by Locust Street the south by Sixth Street, the west by Bluff Street and the north by Seventh Street, being the property now known as Washington Park. d. The triangular shaped piece of ground lying northerly of Jones Street, between South Main and West Main. Streets, being the property now known as Phoenix Park. e. The lot at the northeast corner of Dodge and Booth Streets, being the property now known as the Dodge Street Play Ground. � . f. That part of the property mirth of Fourteenth Street and between Elm and Pine Streets, now used as a playground, being the property now known as the Fourteenth Street Play Ground. 84 REVISED CITY ORDINANCES g. The small triangular piece of hillside ground near the westerly end of i2th Street situated between the Grove Terrace retaining wall, and the westerly curb of that part of Grove Ter- race leading from 12th Street to Arlington Street, being the property now known as the 12th Street Hillside. h. The hillside ground, parts of Madison and North Main Streets near Madison Park, being the property now known as the Madison Street Hillside. i. The small triangular piece of ground at the corner of, College Avenue and West Fifth Streets being the property now known as College Avenue Triangle. j. All of the various parcels of ground (including the property given to the city by J. V. Rider for park purposes and now known as Madison Park) that heretofore have been or hereafter may be acquired by the Park Board or Park Corn- missioners of the City of Dubuque, for park or pleasure ground purposes and the title to which has been or may hereafter be conveyed to the City of Dubuque for park purposes; are hereby designated as grounds set apart for parks and pleasure grounds tinder the care and control of the Park Commissioners of the City of Dubuque. Note : Power to take land for public parks. Code Section 997. Arnold vs. Council Bluffs. 84 Iowa, 441. Ordinance No. 27. An Ordinance accepting the Grant of Certain Lands and Real Estate by the State of Iowa to the City of Dubuque, and Dedicating the same as a Public Park for the Use and Benefit of said City, and the inhabitants thereof forever. • Whereas, The State of Iowa by an act of the General As- sembly, approved April 4, 1896, granted and released to the City of Dubuque all the right, title and interest vested in said State in and to the lands, islands and in the beds of lakes, sloughs and ponds of water within so much of Section seventeen and eighteen in Township Eighty-nine north of Range Three cast of the Fifth Principal Meridian as lies east of a line com- mencing at a point where the south line of said Section Eighteen intersects with the west meandered line of the west shore of REVISED CITY ORDINANCES 85 Lake Pleosta, thence northerly along the meandered line of the west shore of said lake to the north line of said Section Eighteen, as shown by, and in accordance with the survey made and recorded by the, government of the United States, which said act is no/ in full force and effect; Therefore, Be it Ordained by the City Council of the City of Dubuque: § '18. Section I. That said grant by the State of Iowa be, and the same is hereby accepted, and the lands and real estate therein granted -and released, as described in said act, and in the foregoing preamble, he, and the same are hereby declared to be the property of the City of Dubuque; and it is hereby made the duty of the Mayor to cause the same to be properly entered and scheduled as such, in the appropriate record books of said city. § 119. Sec. 2. That all of the said lands and real estate granted as aforesaid by the State of Iowa to the City of Du- buque, together with such other and additional tracts contigu- ous thereto, within the 'limits of said Sections Seventeen and Eighteen, as may be hereafter acquired by the City of Dubuque for park purposes be, and they are hereby dedicated in per- petuity to the public as a park and pleasure resort for the use and benefit of the City of Dubuque and the inhabitants thereof forever. § 120. Sec. 3. That it shall be the duty of the Mayor of said city to see that the rights and interest of the city in said lands and real estate dedicated as aforesaid as a public park are properly guarded, and the property carefully protected from all injurious or antagonistic interference or encroachment. That until otherwise provided, the Marshal and the city officers under him shall have special charge and oversight of said grounds. Ordinance No. 28. An Ordinance, Providing for the Election of Park Commis- sioners and Defining their Duties and Powers and Pro- viding as to their Compensation. Be it Ordained by the City Council of the City of Dubuque : § 121. PARK COMMISSIONRS. Section I. There shall be elected as hereinafter provided three Park Commissioners who shall constitute and be known as the Park Board of the City 86 REVISED CITY ORDINANCES of Dubuque, Iowa, who shall have the jurisdiction, powers, duties and obligations created, set forth and defined in the statutes of Iowa, as they now are, and as they may be here- after amended or added to, relative to Park Boards in Cities . acting under special charters. I22. ELECTION AND TERM OR OPTP'ICE. SCC. 2. One of such commissioners shall be elected at each regular biennial municipal election in the city and the term of office of such com- missionersshall be six years. I23. COMPENSATION. Sec. 3. There shall be no com- pensation attached to the office of Park Commissioner, and all services performed by said commissioners and Park Board, shall be rendered without compensation therefor. § 124. BONDS. Sec. 4. Each commissioner shall give bond in the sum of $I,000.00 conditioned as provided by the statutes of the State of Iowa, said bonds to be approved by the City Council and if said bonds are taken out in a Surety Com- pany, the cost thereof, may be paid out of the park funds. 125. GENERAL, DUTIES. Sec. 5. Among the duties of said Park Commissioners as prescribed by the laws of Iowa, are the following: Within ten days after the election of any commissioner, the newly elected commissioner shall qualify by taking the oath of office and furnishing the bond in the amount and conditioned as hereinbefore provided, and the commis- sioners shall organize as a Board by the election of one of their number as Chairman, and another as Secretary. Said Board shall have exclusive control of all parks, parkings and pleasure grounds, acquired by it, and of all other grounds owned by the City and set apart for park and pleasure ground purposes. It shall keep a complete account of all disbursements and ex- penditures and shall make an annual detailed report of all amounts of money expended and purposes for which used to the Council at the regular April meeting thereof in each year, including a full statement of the work done and improvements made during the preceding year, Ail payments out of the Park Fund in the City Treasury shall be by orders drawn on the Treasurer and signed by the Chairman and Secretary of the Park Board, and the Treasurer is required to honor all such orders drawn as aforesaidto the extent of the money in his hands belonging to said Park Fund. REVISED CITY ORDINANCES 87 I26. RULPS AS TO CARE OP TREES AND SHRUBBERY. Sec. 6. The Park Board shall have control of all trees, shrub- bery, flowers, and grass outside of the lot or property lines, and inside of the curb lines, and upon the public streets and drive- ways in the City, and is hereby authorized and empowered to formulate and enforce rules and regulations for the proper planting, care, trimming, and protection thereof, and it shall be the duty of all persons to comply with such rules and regu- lations. I27. CARE OP TREES AND SHRUBBERY. SCC. 7. The Park Board is authorized to plant, cut, prune, remove, trans- plant, spray, care for, and maintain, all trees, shubbery, flowers and grass outside ,of the lot or property lines and inside the curb lines and upon the public streets of the City in such manner as I not to interfere with public travel and in so far as said Board exercises said authority it is authorized to receive from the owner or occupants of the property in front of which such work is done, a reasonable charge for the work so performed, the amounts so received to be used and accounted for as are other park funds, or it may pay the cost thereof or any part thereof out of the Park Fund. Note : Election and term of office of Commissioners. Code (1913), Section 991• Powers and duties of Board. Code (1913), Title V, Chapter 9. Council may by ordinance grant the right to the Park Board to have control over all trees, shrubbery, etc., upon the public streets. 37 G. A. Chapter 174. Park Fund. Code (1913), Section 85od. 88 REVISED CITY ORDINANCES TITLE VII. FIRE DEPARTMENT. Ordinance No. 29. An Ordinance Providing for the Appointment ,of members of the Fire Department and Defining Their Duties and Powers. Be it Ordained by the City Council of the City of Dubuque : § 129. How APPOINTED. Section. i. The Council shall, by resolution, fix the number of fireman which shall constitute the Fire Department of the City. The Board of Police and Fire Commissioners shall appoint a Chief of the Fire Depart- ment as provided by the laws of Iowa. The Chief of the Fire Department shall appoint the members of the department from the names certified to him by the Board of Police and Fire Com- missioners, and from the men so appointed the City Council shall choose the officers of the force and shall designate the men for special duty. That if the list so certified by the Police and Fire Commissioners shall contain less than three names than the Chief of the Fire Department may temporarily fill any vacancy until an examination is held by the Board. That in making appointments, preference shall be given to honor- ably discharged soldiers, sailors and marines of the regular or volunteer army or navy of the United States, as provided by the laws of Iowa. § 13o. How REMOVED. Sec. 2. All fireman, including the Chief of the Fire Department shall be subject to removal by the Board of Police and Fire Commissioners, for miscon- duct or failure to perform their duties as provided by the rules and regulations adopted by said board, whenever said hoard shall consider said removal necessary for the proper manage- ment and discipline of the department. The Chief of the Fire REVISED CITY ORDINANCES 89 Department may, peremptorily, suspend or discharge any mem- ber of the force for misconduct or neglect of duty or for the disobedience of orders, provided that any person so suspended or discharged may, within five days thereafter, appear before the Board of Police and Fire Commissioners who shall in- vestigate the cause of his removal or discharge and if the same shall be found insufficient he shall be reinstated. § 131. POWERS oi' CH I. Sec. 3. The Chief of the Fire Department shall have command and entire control and di- rection of all members of the Fire Department and shall devote his entire time and attention to the duties of his office. At fires, he shall have the full powers of a policeman, and in the absence of the Chief of Pblice, shall have authority to control and direct the other members of the Police Department present. § 132. POWER oF' CHIEF'. Sec. 4. The Chief of the Fire Department and the Fire Committee of the City Council shall have general supervision and control over all buildings, engines, machinery, animals or" apparatus used by the Fire Department and it shall be the duty of the Chief of the Fire Department to see that the same is at all times in good repair and condition and report to said Fire Committee any defect or injury in the same or any repairs, alterations or additions required and shall, with the consent of the Committee, cause all necessary /repairs to be made without delay. The Chief of the Fire Department shall keep a roll of all members of the department, showing the date of admission and discharge, with the rate of pay and make a report thereof to the Courn it each month in writing, together with a report of all fires that have taken place within the City, with the cause thereof, if known, and description of buildings destroyed or injured, with the name of the owner and occupant and the amount of loss. He shall certify all pay 1 olls and all bills against the City incurred for the Fire Department and shall make an annual report each year giving full information in regard to the condition of all buildings, engines, machinery, animals, or apparatus connected with or used by the Fire De- partment, including the fire alarm telegraph. § 133. POWER oi' CHIEF'. Sec. 5. The Chief of the Fire Department, during the progress of a fire, when in his judgment, it becomes necessary to check or 'control the same, shall have power to order any fence, building or erection of any kind to be cut down or removed. He shall have power to 90 REVISED CITY ORDINANCES . cause any building or erection to be blown up with powder or other explosive for the purpose of checking or estinguishing the fire. He shall also have power, with the consent of the Fire Committee to tear down any portion of any building that may remain standing after a fire and which is or may become danger- ous to persons or property. § 134. Powz Rs or CHIEF'. Sec. 6. The Chief of the Fire Department may prescribe limits in the vicinity of the fire within which no persons, except those residing therein, and members of the Fire Department and Police Department shall be permitted to come, and he may, when in his judgment it is necessary, call upon any person to assist the firemen in the dis- charge of their duty. He shall also have the power to stop any street car, locomotive or train or cars in the vicinity of a fire and shall have the power to order any telegraph, telephone or electric wire cut when the same shall be necessary for the proper performance of the duties of the Fire Department. § 135. Duras or CHIEr. Sec. 7. It shall be the duty of the Chief of the Fire Department to examine and inspect build- ings and improvements in the course of erection and to cause all ordinances and all rules and regulations of the Board of Health relating to buildings, to be strictly complied with. He shall have power to enter and examine any building within the City which has been damaged by fire and with the concurrence of the Fire Committee may condemn the same and order it re- built or repaired, if the same. shall be considered dangerous to the public safety. He shall have authority to appoint members of the Fire Department to make inspections of all theatres, public halls or other public meetng places at any time, to ascer- tain whether all ordinances relating to buildings are being com- plied with. That whenever a member of the Fire Department is detailed by the Chief to attend any theatrical performance or other public meeting, held in a theatre, opera house, or hall, the owner, lessee or manager of .such theatre, opera house or hall shall pay for such service, at the rate of 5o cents per hour for every hour such member of the Department is on duty at such theatre, opera house or hall. § 136.. CITY ELECTRICIAN. Sec. 8. The City Electrician shall be appointed by the Council from the Fire Department and in addition to the duties prescribed by ordinance, he shall be superintendent of the fire alarm telegraph and all wires and 4 REVISED CITY ORDINANCES 91 apparatus, signal stations belonging to the same. The Chief of the Fire Department shall have authority to require the City Electrician to make any repairs of the fire alarm telegraph and all wires and apparatus thereto belonging and to make in- spections of the same whenever he may deem it necessary. § 137. Rur,Es AND REGULATIONS. Sec. 9. The Council shall have power to make and enforce rules and regulations not inconsistent, with the rules and regulations of the Police and Fire Commission, relating to the duties to be performed, the hours of service, the compensation to be paid, and the conduct of members of the Department while on duty. Such rules and regulations shall be adopted by resolution and when adopted shall be enforced in the mariner provided by such resolution. Note : City has power to organize and maintain Fire Department. Charter Section 7, Par. 6. Code Section 716. Code (1913) , Section 716a. Council shall fix the number of firemen and compensation of the same. Code (1913), Section 679f. Chief of Fire Department shall be appointed by Board of Police and Fire Commissioners. Code (1913), Section 679f. . Chief shall appoint firemen from lists submitted by Board of Police and Fire Commissioners. Code (1913), Section 679g and 679h. 92 REVISED CITY ORDINANCES TITLE VIII. POLICE DEPARTMENT. Ordinance No. 3o. An Ordinance Providing for the Appointment of Members of the Police Department and Defining Their Duties and Powers. Be it Ordained by the City Council of the City of Dubuque : § 138. How APPOINTED. Section I. The Council shall by resolution fix the number of policemen which shall consti- tute the Police Department of the City. The Mayor shall ap- point a Marshal who shall be.ex-officio Chief of Police. The Chief of Police shall appoint the members of the Department from the names certified to him by the Board of Police and Fire Commissioners, and from the men so appointed the Chief of Police shall choose the officers of the Department and shall designate the men for special duty. That if the list so certified by the Police and Fire Commissioners shall contain less than three names, then the Chief of Police may temporarily fill any vacancy until an examination is held by the Board. That in making appointments preference shall be given to hororably discharged soldiers, sailors and marines of the regular and volunteer army or navy of the United States, as provided by the laws of Iowa. That the Mayor may appoint one or more women as police matrons, who shall have charge of all women and children who may be confined or detained as prisoners in the quarters for them, and who shall be members of the Police Department and subject to all the rules and regulations of the same. The Mayor may have power to appoint .special police- men or watchmen, who need not be confirmed by the Council, and who shall receive no compensation from the City. REVISED CITY ORDINANCES 93 § 139. How REMOVED. Sec. 2. The police officers, ex- cept the Chief of Police, shall be subject to removal by the Board of Police and Fire Commissioners, for misconduct or failure to perforin their duties as provided by the rules and regulations adopted by said Board, whenever said Board shall consider said removal necessary for the proper management and discipline of said Department. The Chief of Police may per- emptorily suspend or discharge any member of the force for misconduct or neglect of duty or disobedience of order, pro- vided that any person so suspended or discharged may within five days thereafter appear before the Board of Police and Fire Commissioners, who shall investigate the cause of his removal or discharge and if the same be found insufficient he shall be reinstated. § 140. DUTIES. Sec. 3. The members of the Police De- partment, while on duty, shall be under the control and com- mand of the Chief of Police, and he shall have power to issue such orders to the members of the force as he may deem proper and it shall be their duty to obey such orders. All police- men shall make daily report's to the Chief of all arrests made, daring the time they are on duty and the ma- terial facts relating thereto, and the Chief of Police shall keep a book in which shall be recorded all arrests of the Police Department and the crime for which arrested, and the Chief of Police shall file monthly reports with the Council showing the number of persons arrested by each member of the force during the month. § 141 PowERs. Sec. ach member of the Police De- partment shall have power to arrest any person in the City found in the act of violating any law or ordinance or abetting in any violation, or any person who the officer has reasonable grounds for believing has committed a public offense and who is likely to escape before complaint can be filed and a warrant issued for his arrest, and to confine such person in the City jail until the time set for trial before a Justice of the Peace or committing magistrate. They shall have power and authority in the City to serve and execute warrants and other processes for the apprehension and committment of persons charged with, held for examination or trial, or taken in execution for, the commission of a crime or misdemeanor, or the violation of any ordinance of the City or the laws of the State, in the same manner as constables, under the laws of Iowa. 94 REVISED CITY ORDINANCES § 142. COMPENSATION. SCC. 5. That the members of tile Police Department of the City shall receive such compensa- tion, as the Council may fix by resolution. Note : Power to establish and maintain Police Depart- ment. Charter Section 7, Par. 12. Code Section 938. Council shall fix the number of policemen and officers and fix compensation. Code (1913), Section 679f. Mayor shall appoint Marshal. Code (1913), Section 679f. Marshal shall be ex -officio Chief of Police. Code (1913), Section 679f. Chief of Police shall appoint members of the Department. Code (1913), Section 679g. Same shall be appointed from the list furnished by Board-. of Police and Fire Commissioners. Code (1913), Section 679e and 679h. Qualifications required of appointees. Code (1913), Section 679-j. Members of Police Department are Peace Officers. Code • . Section 6079. Power to appoint Police Matron. Code (i913), Sec- tion 654. Compensation of Police Matron. Code Section 672. Daniels vs. Des Moines. 108 Iowa, 484: Ordinance No. 31. An Ordinance Relating to the Policemen's Pension Fund and Regulating the Control and disposition of the same, and the Pensions Payable from the same and Authorizing the Levy of an Annual Tax in Aid of such Fund. Be it Ordained by the City Council of the City of Dubuque : § 143. CONTROL Or FUND. Section I. That the police- men's pension fund heretofore created shall be regulated and controlled as herein provided. § 144. MAY LEVY TAX. SCC. 2. That the Council may at the time of levying other taxes for City purposes, levy a tax of not to exceed one-half mill on the dollar upon taxable prop- erty within the limits of the City for the purpose of aiding and maintaining the said fund. REVISED CITY ORDINANCES 95 All moneyes derived from the taxes so levied, and all moneys received as membership fees and dues, as hereinafter provided, and all moneyes received from grants, donations, and devises, for the benefit of such fund, shall be included in such fund, and the same shall be tinder the control of a board of trustees and shall be exclusively devoted to and for the pur- Poses hereinafter enumerated. § 145. BOND Or TRUSTEES. Sec. 3. The Chief of Police, the City Treasurer, and the City Attorney shall be ex -officio members of and shall constitute the board of trustees of the policemen's pension fund. The Chief of Police shall be the President and the City Treasurer shall be the treasurer of such board of trustees, and the faithful performance of the duties of the treasurer shall be sucured by his official bond as City Treas- urer. Such trustees shall not receive any compensation for their services as members of said board. § 146. :SHALL BE SEPARATI) VUND. Sec. 4. The police- men's pension fund shall be kept and preserved as a separate fund. The board of trustees shall have power to invest any surplus left in such fund at the end of the fiscal year, but no part of the fund realized from any tax levy shall be used for any purpose other than the payment of pensions. Investments shall .be limited to interest bearing bonds of the United States, of the State of Iowa, of any county, twonship, or municipal . corporation of the State of Iowa. All such securities shall be depositedwith the Treasurer of the board of trustees for safe keeping. § 147. OTHER MONEY TO BE INCLUDED. Sec. 5. The board of trustees may take by gift, grant, devise, or bequest, any money or property, real or personal, or other thing of value for the benefit of the policemen's pension fund. All rewards in money, fees, gifts or emoluments of every kind or nature that may be paid or given the police department of the City of Du- buque or to any member thereof, except when allowed to be re- tained or given to endow a medal or other permanent or com- petitive reward on account of extraordinary services rendered by said police department or any member thereof, and all fines and penalties imposed upon members of said department, shall be paid into the said pension fund and become a part thereof. § 148. MEMBERSHIP VEE. Sec. 6. Every member of the police department of the City of Dubuque shall be required to • pay to the Treasurer of said fund a membership fee, to be fixed 1 96 REVISED CITY ORDINANCES by the board of trustees, not exceeding Five Dollars ($5.00) and shall also be assessed and required to pay annually an. amount equal to one per cent per annum upon the amount of the annual salary paid to him, which said assessment shall he deducted and retained in equal semi-annual installments out of such salary. § 149. AMOUNT OF PENSION. Sec. 7. Every member of the police department of the City of Dubuque. who shall, while a member of such department and while engaged in the y, performance of his duties as such policeman, be injured or dis- abled, and upon an examination by a physician appointed by the board of trustees, he found to be physically or mentally per- • mantently disabled so as to render him unlit for the perform- ance of his duties as policenien, shall be entitled to be retired and the board of trustees shall thereupon order his retirement, and, upon his being retired, he shall be paid out of the police- men's pension fund, monthly, a sum equal to one-half of the amount of the monthly compensation allowed such member as • salary at the date of his injury or disability. § 15o. IN CASE Or DEATH. TO WHOM • PAYABLE. Sec. 8. If a member of the police department, retired, as in the last preceding section provided, because of permanent disability, shall die as a result of such injury, or if a member of such de- partment, while in the performance of his duties, shall be killed or die as a result of injuries received, or or if a member die because of any disease contracted by reason of his occupation as a policeman, and shall leave a widow or minor children or dependent father or mother surviving him, there shall be paid to the surviving widow, so long, as she remains unmarried and of good moral character, a pension of twenty dollars ($2o.00) per month, out of the policemen's pension fund, and there shall also he paid to the guardian of the minor children of such mem- ber, out of said fund, a pension of six dollars ($6.00) per month for each of said children until it or they reach the age of sixteen years, provided, however, that there shall not be paid to the surviving widow and minor children an aggregate sum in ex- • cess of a sum equal to one-half of the amount of the salary of such member at the time of his death or disability; and if such deceased policeman leave no widow or minor children, then there shall be paid to his dependent father or mother, or either, if one alone survives, a pension of twenty dollars ($2o.00) per month. REVISED CITY ORDINANCES 97 § 151. WHEN ENTITLED TO PENSION. Sec. 9. Any member of the police department who may be entitled to bene- fits under the provision of this ordinance, and who has served twenty-two years or more in said department, of which the last five years' service shall have been continuous may make ap- plication to the board of trustees to be retired from such police department, and thereupon it shall be the duty of the hoard of trustees to order the retirement of such member, if it be found that he is unable to perform the duties, to which he is or may be assigned, or has reached the age of fifty-five years (55), and upon retirement, he shall be paid a monthly pension equal to one-half the amount of salary received by him as monthly com- pensation at the date of his retirdment. § 152. WHEN NOT ENTITLED. Sec. 1o. Any member of the police department entitled to be retired under the pro- visions of this act, but who shall continue in service and who shall be thereafter discharged for cause other than the violation of any law of the United States, or of the State of Iowa, amounting to a felony, shall, upon being discharged, be en- titled, to, and there shall be paid to him, a monthly pension equal to one-half of the amount of salary received by him at the date of his discharge; provided however, that the Chief of Police shall have the power to assign any member of the police department retired, or drawing pensions under this ordinance to the performance of light duties in such depart- ment in cases of extraordinary emergencies, and, provided further, that after the decease of a retired or discharged mem- ber receiving a pension under the provision of this ordinance, his widow and minor child, or children under sixteen years of age, or, in case he leaves no widow or minor children, his de- pendent parent or parents, if any, shall be entitled to a pension in the amount and under the conditions heretofore provided to be paid to the surviving widow and minor children and depend- ent parents of a member killed or disabled in the performance of his duties. And provided further, if, at any time, there shall be insufficient funds in the policemen's pension fund to meet and pay all pensions due and owing from said fund, the board Of trustees shall apportion the amount on hand in said fund among the persons entitled to such pension, in proportion to the amount to which each is entitled, and the payment of such proportionate amount shall be considered a full payment of the amount then due and no liability shall thereafter exist for the unpaid portions of such pensions. 98 REVISED CITY ORDINANCES 153. SUBJECT TO EXAMINATION. SeC. I I. If any member of the police department shall have been retired by reason of physical or mental disability, the board of trustees shall have the right and power, at any time, to cause such retired member to be brought before it and again examined by competent physicians for the purpose of discovering whether such disability yet continues and whether such retired member' shall be continued on the pension roll, and said board shall also have power to examine witnesses for the same purpose. Such retired member shall be entitled to reasonable notice that such examination -will be made and to be present at the time of the taking of any testimony, shall be permitted to examine the witnesses brought before the board, and shall also have the right to introduce evidence in his own behalf. All witnesses produced shall be examined under. oath, and any member of such board of trustees is hereby authorized and empowered to admisister such oath to such witnesses. The decision of such board upon such matters shall be final and conclusive, in the absence of fraud, and no appeal shall be allowed therefrom. Stich disabled member shall remain upon the pension roll unless and until reinstated in such police department by reason of such examination. § 154. How PENSIONS SHALL BE PAID. SeC. 12. All pensions paid and all moneyes 'drawn from the pension fund, under the provisions of this ordinance, shall be upon warrants signed by the board of trustees, which said warrants shall desig- nate the name of the person and the purpose for which payment is made. The Treasurer of the board of trustees shall prepare annually, immediately after the first day of January, a report of the receipts and expenditures for the year ending December 31 of the previous year, showing the money on hand, how in- vested, all moneyes received and paid out, which said report shall be filed with the City Recorder. § 155. LAWS APPLICABLE. Sec. 12. The provisions of this ordinance shall be, at all times, subject to alterations or change to conform with the alterations and changes which may be made by legislative enactment with reference to Chapter 13a of Title V, of the Code of 1913, and all persons claiming benefits under the provisions hereof shall be entitled to receive only such benefits as provided by law at the time such benefits shall accrue. • Note : Laws relating to Policemen's Pension Fund. Code (1913) Section 932-j to 932-r. REVISED CITY ORDINANCES TITLE Ix. THE PUBLIC HEALTH. -:v 99 Ordinance No. 32. An Ordinance Relating to the Appointment of the Board of Health of the City and Defining its Duties and Powers. Be it Ordained by the City Council of the City of Dubuque : 156. How APPOINTED. COMPENSATION. Sec. I. The Board of Health of the City of Dubuque, shall consist of six members. The Mayor shall be ex -officio a member and chair- man of the Board and the other four members shall be two Aldermen and two citizens of the City. These four members shall be appointed by the Mayor with the approval of the Council. The term of office of the members of the Board shall commence on the first day of May following each regular election, and continue for two years. In case of a vacancy on the Board, the Mayor shall appoint a member for the unex- pired term, which appointment shall be approved by the City Council. The Mayor and Aldermen, who are members of the Board, shall receive no compensation, but the citizen members shall receive $3.00 for each meeting at which they are present. 157. RECORDER SHAM, ACT AS CLERK OF' BOARD. Sec. 2. - The Recorder shall act as Clerk of the Board of Health without compensation, and shall attend all meetings and keep a record of the proceedings of the Board. He shall notify the members and other persons who may have business before the Board, of ' the time of holding meetings, either regular or special. He shall make a monthly report to the Council, which . shall contain a full statement of the proceedings of the Board for the previous month. He shall make such other reports, to the Council, as may be required by the Board of Health. He shall also make a detailed report to the State Board of Health, I00 REVISED CITY ORDINANCES at least once a year, of the work of the Board during the pre- ceding year and of all epidemics of infectious and contagious diseases which have prevailed during the year, with a statement of the manner of treating of the same. He shall make such other reports as may be required by the State Board of Health or the laws of Iowa. § 158. MEETINGS Or BOARD. Sec. 3. All orders, rules and regulations of the Board of Health shall be signed by the Chairman and attested by the Recorder as clerk of the Board. The Board shall hold one regular meeting each month and such special meetings as it may deem necessary, all of which meet- ings shall be called by the Chairman of the Board. A! majority of the members of the Board shall constitute a quorum for the transaction of all business and the exercise of powers con- ferred upon the Board. § 159. CITY PHYSICIAN. Sec. 4. The Board of Health shall appoint a regular practicing physician of the City, as physician to the Board, who shall also perform the duties of City Physician. Such appointee shall hold office during the pleasure of the Board and shall receive such compensation as may be fixed by the Council. It shall be his duty as City Physi- cian to render medical aid to all persons within the City who are financially unable to pay for such services. He shall also act as advisor to the Board upon all questions relating to sanitation and health within the City. He shall also have charge of all Small Pox cases, and shall give careful attention to all such cases for the purpose of protecting the health and preventing the spreading of the disease in the City. In every case where he is called upon to visit a person afflicted with Small Pox, and such person is unable to pay for such services, or such person is confined in a detention hospital, then such physician, upon receiving a proper certificate from the Mayor, stating the facts in relation to such case, shall have his bill for services presented to the Board of Health of the City, and when approved by said Board, he shall present the same to Dubuque County for pay- ment. The compensation received for such service shall be in addition to the compensation allowed him as City Physician. That he shall also attend all meetings of the Board and carry out all orders or instruction received from the Board, touching his duty as physician to the Board. 16o. CONTAGIOUS DISEASI PHYSICIAN. Sec. 5. The Mayor, with the approval of the City Council, and the endorse- - REVISED CITY ORDINANCES DDI went of the Board of Health, shall appoint a contagious disease physician whose duties shall be to treat and administer to all persons afflicted with any contagious disease, except Small Pox, within the limits of the City, and for such services, he shall be paid such compensation as the Board may fix, which com- pensation shall be paid by the County of Dubuque, when a bill for the sante has been approved by the Board of Health of the City. 161. SANITARY OF'i'IcER. Sec. 6. The Board of Health shall appoint, with the consent of the Council, a Sanitary Officer, whose duties shall be to enforce the orders, rules and regulations of the Board of Health. He shall have charge of the enforcement of all of the regulations and shall superintend the fumigation of all premises when released from quarantine. He shall investigate all complaints relating to the sanitary con- dition of the City and shall prosecute all persons, firms or cor- porations who shall violate the rules and regulations of the Board of Health, which prosecutions shall be commenced in the name of the City. He shall attend all meetings of the Board of Health, and shall report to the Board in relation to conditions of health and sanitation from time to time, and shall perform such other duties as the Board may require. That he shall re- ceive such compensation as the Board may allow and the Council approve. 162. MAY APPOINT ASSISTANTS. Sec. 7. The Board of Health shall have authority to appoint such other person or persons as may be necessary to enforce the rules and regula- tions of the Board, or to preserve the health of the City or to prevent the spread of disease. Such appointment shall be made by the. Board of Health with the approval of the Council, and the compensation of such appointee shall be fixed by the Council. § 163. MAY ADOPT RuLEs. Sec. 8. The Board of Health shall have authority to adopt, publish and enforce such rules and regulations as it may deem necessary for the preservation of the public health or the prevention of disease within the City, not inconsistent with the laws of Iowa or the rules and regulations of the State Board of Health. All rules and regu- lations adopted by the Board shall be signed by the Chairman and attested by the Clerk, and the same shall be published in an official paper of the City, for two consecutive days, except IO2 REVISED CITY ORDINANCES that in the case of an epidemic of contagious or infectious disease, the Board of Health, may adopt temporary or emer- gency rules, which may be published by posting one copy at the door of the City Hall. § 164. MAY PROHIBIT PUBLIC GATHERINGS. Sec. 9. Whenever by reason of the prevalence of Small Pox or any other contagious or infectious disease within the City, the Board may deem it dangerous to the public health to permit public gatherings of people within the City, the Board may with the consent of the Council, by public proclamation publish once in an official newspaper of the City, prohibit .the gather- ing of people in schools, churches, theatres or other buildings within the said City. It shall thereupon become the duty of the principals, teachers or other persons having charge or management of the places or building specified in said notice, to keep the same closed, and to prevent the gathering of people therein. The Board of Health may with the consent of the Council, by notice served upon the principal, teachers, or persons having charge of any public or private school of the City pro- hibit the admission of any pupil to such school until such pupil shall prove to the satisfaction of the Board of Health, or the person selected by it for that purpose, that such pupil has been properly vaccinated. The Board of Health may also prevent the admission of persons to churches, theatres, or other public building who have not furnished satisfactory proof of vaccina- tion by notifying the person having charge of such church, theatre or other public building, not to admit such persons. § 165. POWER TO EN1ORCE ORDERS. Sec. IO. If any person, firm or corporation fails or refuses to comply with any order, rule or regulation of the Board of Health within a reason- able time after having received notice from the Board of Health, the Board of Health shall proceed to do the thing which such person, firm or corporation has failed or neglected to do, and any expense incurred in consequence of the failure or neglect of such person, firm or corporation to comply with the orders, rules or regulations of the Board of Health shall be assessed against the real estate, upon which such expenditure was made, or expenses incurred, and when assessed the same shall be a lien thereon from the time said work was done and such assessment shall be levied and collected in the manner provided in Ordinance No. 59. The Board of Health shall also have the right to collect the money expended, by civil action, f • REVISED CITY ORDINANCES 103 or to enforce the lien therefor in any Court of competent jurisdiction. § 166. SHALL REPORT To CouNCIL. Sec. I1. The Board of Health shall make reports of the proceedings of the Board to the Council at least once each month, and at other times as ordered by the Council, and the Council shall have supervision over all orders and proceedings of said Board. § 167. OTHER POWERS AND DUTIES. Sec. I2. That in addition to the powers and duties provided in this ordinance, the Board shall exercise all powers and perform all duties pre- scribed by the laws of Iowa and the State Board of Health. § 168 SHALL NOT LIMIT POWER or COUNCIL. Sec. 13. Nothing herein contained shall be construed to limit the power of the Council to enforce all necessary police regulations in the case of fire and to prevent the spread of contagious or infectious disease. Note : Charter Section 7, Par. 9. Manner of appointing and term of office of Members of the Board shall be fixed by ordinance. Code, Section 1025. Powers of Board. Code, Section 1028. Has power to compel owners to connect with sewers. Code, Section 1032. How health regulations shall be adopted. Code, Section 1035. Board may order removal from unhealthy premises. Code, Section 1037. Board may prohibit congregation of people during epi- demic. Code, Section 1038. Officers of Board may enter buildings for the purpose. of examination and to prevent or remove nuisance. Code, Section 1039. May remove diseased persons and care for the same. Code, Section 1040, 1041. Board shall hold monthly meetings. Code, Section 1043. Board shall report proceedings to Council. Code, Section 1045. Council has power to assess expense of enforcing rules and regulations of the Board as special assessment. Code, Section 1044. Duty of Health Officer to enforce provisions of Housing Law. 38 G. A. Chapter, 123. 104 REVISED CITY ORDINANCES Ordinance No. 33. An Ordinance Providing for the Appointment of a Food In- spector and Defining His Duties and Pozerers. Be it Ordained by the City Council of the City of Dubuque : § 169. POWER TO APPOINT. Section T. That the Board of Health with the approval of the Council, shall annually ap- point a Food Inspector who shall have authority to inspect all meats, fish, milk and other food commodities offered for sale for human consumption within the City, whenever he deems it necessary for the preservation of the public health and the pre- vention of disease. That such Food Inspector shall receive such compensation as may be fixed by the Board of Health with the approval of the Council. § 17o. DUTIES AND POWERS. Sec. 2. That whenever the Food Inspector shall determine, upon inspection that any meat, fish, milk or other food commodity offered for sale for human consumption within the City, is stale, unhealthy, unsound, tainted, putrid, or unwholesome, he shall have power to con- demn such meat, fish, milk or other food commodity and order the same destroyed. § 171. DUTiES AND POWERS. Sec. 3. That the Food Inspector shall have the right to enter any store or other prem- ises where meat, fish, milk or other food commodities are• offered for sale for human consumption, for the purpose of in- specting such premises and the food commodities offered for sale. That if the Food Inspector shall determine upon in- spection, that any such store or other premises, or the fixtures or appurtenances used therein are unclean, filthy or in an un- sanitary condition, he shall have power to require the owner or manager thereof, to clean and disinfect such premises or such fixtures, or appurtenances, and to place the same in a sanitary and wholesome condition. The said store, premises, fixtures or appurtenances, after being ordered cleaned and disinfected shall not be used for the sale of meat, fish, milk or other food commodity until the same has been cleaned and disinfected, and the same have been inspected and approved by the Food Inspector. Note: Charter Section 7, Par. 2o. Code, Section 696. REVISED CITY ORDINANCES 105 Ordinance No: 34. An Ordinance Prescribing Sanitary Rules and Regulations, Providing a Penalty for Violations Thereof, and Provid- ing for the Manner of Abating Violations as Nuisances. Be it Ordained by the City Council of the City of Dubuque : § 172. SANITARY CONDITIONS. INSPECTION. Section I. All persons owning, leasing, occupying or having control of any premises, building or buildings, of any description, together with the alley adjoining thereto, shall at all times keep the same in a cleanly and wholesome condition, free from filth, stagnant water or other nuisances, and all avoidable conditions causing or promoting disease, and shall permit the Board of Health, Sanitary Officer, or other persons authorized by the Board of Health, to freely inspect such premises, building or buildings, at any reasonable hour; and shall answer all proper questions in reference to the sanitary condition of such premises and any- thing thereon. § 173. VAuz,TS. LOCATION or. Sec. 2. No privy vault, cesspool or reservoir into which a privy, water closet, sink or stable is drained, except it be water -tight, shall be established or permitted in waterbearing strata or within one hundred ( Too) feet of any well, spring or any other source of water used for drinking or culinary purposes. § 174. CLEANING or VAULTS. Sec. 3. All privy vaults, cesspools or reservoirs named in Section Two, shall be cleaned and emptied of their contents at least once every year, before the first day of May; and shall be kept thoroughly deodorized and disinfected by adding ,to the contents thereof, at least once each month or oftener if necessary, Calcium Hypochlorite as follows : Take the Calcium Hypochlorite in powder form and sprinkel over the contents until the odor is. abated, stiring con- tents if necessary. All privy vaults within the limits of the city shall not be less than five (5) feet deep, and shall be con- structed of brick set in cement, or of concrete construction, or two-inch tight lumber. § 175. DRAINAGE OF' VAULTS. Sec. 4. No privy vault, water closet, cesspool, sink or stable drain shall open into any ditch, stream or drain, except into the public sewers of the city or into disposal tanks equipped with aerated or trickling filters of ample area. I06 REVISED CITY ORDINANCES § 176. ABANDONMENT OF` VAULTS. Sec. 5. Whenever any privy vault or cesspool shall cease to be used for such pur- pose, the contents thereof shall not be covered with any sub- stance whatever, and such vault shall not be filled in until the contents thereof have been removed and the vault cleaned and disinfected, as directed by the Board of Health. § 177. CONSTRUCTION OF' DISPOSAL TANKS. Sec. 6. Septic tanks or other disposal tanks shall be made of water- tight concrete or masonary construction. The filters of dis- posal plants, except in isolated locations in non -water -bearing strata, shall be installed in basins with water -tight bottom and side walls. § 178. RE1usE. DlsPosAL or. Sec. 7. (a). No offal, slops, or other wastes from any creamery, factory, shop, chicken house, slaughter house, tannery, hotel, boarding house, restaur- ant laundry, meat market or private residence, or any other source, shall be thrown or deposited, except in accordance with properly provided garbage disposal, upon any street, alley, lot or land, or into any ravine or open ditch, stream or pond, or upon anyland adjoining which is subject to overflow. (b) Any of the wastes above mentioned, not properly disposed of as garbage and common sewerage, shall be disposed of by independent disposal plants, which latter provision shall particularly apply to creameries, slaughter houses, factories and shops.' § 179. GARBAGE CANS. Sec. 8. Every dwelling, tene- ment or boarding house, hotel or eating house owner, tenant or occupant, shall furnish a water tight can large enough to hold the kitchen slops of any such bui,lding or tenement, for at least three days, in which all such kitchens slops must be deposited. This can must be kept completely covered at all times, and be placed at a convienent place on the rear of the lot or property, near to the alley, in easy access to the City Scavenger. Slop must be drained of any superfluous liquid matter before being deposited in such cans. § 180. MANURE IN BINS. Sec. 9. Manure and other refuse from stables shall be deposited and kept in bins of suit- able ,size, which shall be provided with tight fitting covers to be kept closed at all times; no manure or other stable refuse shall REVISED CITY ORDINANCES 107 be deposited or kept in any street or alley or upon any lot or parcel of ground within the city except same be contained in . such bins. § 181. GARBAGE NOT TO BE THROWN IN VAULTS. Sec. 10. No person shall throw or allow or cause to be thrown into any privy vault, sink or cesspool within this city, any gar- bage, offal, swill, or other household refuse; nor shall any per- son discharge or cause to be discharged into any privy vault, the slops or water running through or from any sink or drain pipe within any dwelling or building. § 182. DISPOSAL Or MANURE. Sec. II. All manure and other accumulating waste, including waste matter, solid and liquid of whatever kind not removed by city scavengers, must be disposed of in such manner as not to cause offense or be deposited at such designated places as the Board may direct.. § 183. POLLUTION OE' STREAMS, ETC. Sec. 12. No person or persons shall throw or deposit or cause to be thrown or deposited, into any gutter, river, lake, pond, creek or any other body of water or upon the banks thereof, within the limits of this city, any animal or vegetable natter, garbage, rubbish, slops, offal, butcher's waste, street sweepings, manure, straw, hay, animal bedding, ashes, night soil, contents of cesspools or privy vaults or any other nauseous or unwholesome substance, fluid or thing. § 184. ASHES, ETC: Sec. 13. Ashes and street sweep- ings, when free from animal and vegetable matter, night soil and all noxious substances may be used for filling purposes in such places as'may be designated by the Board of Health or Council. , § 185. IMPURE WATER. Sec. 14. No one shall keep open, use or allow to be used for drinking or culinary purposes, any well, cistern or reservoir, the water in which is perceptibly or demonstrably impure or unwholesome, or which is so situated or in such condition as to be especially liable to contamination by filty drainage or otherwise. § 186. BURNING OF' RUBBER, ETC. Sec. 15. No garb- age, materials manufactured in whole or in part from wool, rubber, leather, or other materials which evolve offensive odors during combustion, shall be burned without permission of the Board of, Health. To8 REVISED CITY ORDINANCES § 187. SAMPLES orMEDICINES. SCC. 16, No person, firm or corporation, shall distribute, circulate or give away within the City, any trial or free sample of medicine, dyeing ink or polishing powder, pills, drugs or nostrums of any kind or nature in any form or preparation in any manner so that children may get possession of or secure the same; provided that this ordinance shall not be construed to prohibit the sale or gift of any article by a merchant of the city at his regular place of business, nor shall it prohibit the sale, gift or distribu- tion of such articles by handing the same to adult persons. § 188. DISPLAY Or FOOD STUrrS. Sec. 17. No person, firm or corporation, whether acting as agent, employee, man- ager or owner, engaged in a business in the carrying on of which dates, figs, berries, fruits, vegetables or other articles of food are displayed•for sale, shall expose the same in front of his store, stand, stall or other place of business, or upon a wagon, cart or other conveyance without sufficient covering or enclusure to protect such articles and which shall protect them from flies, insects, dust, dirt or other poison and unhealthy sub- stances or agents, nor shall such person, firm or corporation display such articles of food except upon a platform, stand or similar device of sufficient height so that.such articles of food shall be not less than thirty (3o) inches above the sidewalk or pavement. § 189. SALE OF' TAINTED FOOD. Sec. 18. No meat, fish, game, fowl, fruit, milk, vegetables, ice, or any other article of food or drink, or intended for home consumption, the same be- ing then stale, unhealthy, unsound, tainted, putrid or unwhole- some, shall be seld, bartered, or kept for barter or sale in any public or private market, store, shop or place within the cor- porate limits of the city. And it shall be the duty of any and every person who has knowledge of any violation of this section to report the fact of such knowledge and all the par- ticulars relating thereto, to the Board of Health. § 190. CARE Or CATTLE AND SHEEP. SCC. 19. NO cattle or sheep shall be confined in any stable or place within the city, in which, in the judgment of the Board, the supply of fresh air, water and food is insufficient for the preservation of their health and wholesome condition as human food. And no milk that has been obtained from cows that are sick or diseased, or that have been fed on swill, offal or other refuse shall he sold or offered for sale by any dealer, agent or owner in said city. REVISED CITY ORDINANCES 109 § 191. HoG, PENS. Sec. 20. There shall not be kept or maintained within the corporate limits of the City, any hog - pen or enclosure wherein swine are kept and fed by the owner, lessee or occupant of any property therein, save and except such pens as may be used for the purpose of commerce only. And all such pens used for the purpose of commerce, shall be kept clean, and the owner, lessee or manager thereof shall see that the same do not become a nuisance in any respect. § 192. DISEASES Or ANIMALS TO BE REPORTED. SCC. 21. Every veterinary surgeon who is called upon to examine or at- tend' professionally any animal 'within the City, which has, or is suspected of having glanders or farcy, pleuro -pneumonia, hydrophobia or any other communicable disease, shall report in writing to the Board of Health of said city within twenty- four hours after the first visit thereto, the location of such diseased animal, the name and address of the owner thereof and the nature of the disease or suspected disease afflicting such animal. § 193. SAME. Sec: 22. It shall be the duty of any and every person owning, keeping or caring for, or knowing of any animal afflicted with glanders or farcy, anthrax, pleuro -pneu- monia or hydrophobia, to report the fact and the whereabouts of such animal promptly to the Board of Health of this city. § 194. SALE Or DISEASED ANIMALS PROHIBITED. SCC. 23. No person shall buy, sell or keep, or cause to be kept within said city, any horse, mule, colt, or any other animal afflicted with glanders or farcy, anthrax, pleuro -pneumonia, or hydrophobia, and any animal so afflicted shall, after due notice from this Board, be immediately killed and buried without removing the hide from the carcass. § 195. PREMISES To BE KEPT CLEAN. Sec. 24. Every person keeping, maintaining, or being in charge of any public warehouse, storehouse, cart, wagon, sleigh, or private market, dairy, stall, shop, store or vehicle, in or about which any meat, fish, oysters, birds, fowls, vegetables, fruit, milk, or other pro- visions are held, kept, stored or offered for sale, or other dispo- sition, shall keep such public or private -market, ,stall, shop, store, warehouse, storehouse, cart, wagon, sleigh, or other vehicle in a clean, pure and wholesome condition. II0 REVISED CITY ORDINANCES § 196. COOLING Or MEATS, ETC. Sec. 25. No meat shall be taken or exposed for sale, as food, in any public or private market within said city, until the same shall have been fully cooled after having been killed and until all the blood shall have ceased dropping therefrom and until the entrails, head (unless the same be skinned), hide, horns and feet shall have been re- moved, and no gut -fat or any other unwholesome or offensive matter or thing shall be brought to any such market. § 197. INrECTED PERSONS NOT TO BE BROUGHT INTO THE CITY. Sec. 26. No person shall bring in or aid in bringing into the City, any person sick with, or any person or .thing in- •fected with Asiatic cholera, smallpox, varioloid, • diptheria, yellow fever, typhoid or typhus fever, scarlet fever, measles or any other contagious or infectious disease. Aiid no public carrier or other person shall deposit or leave within the city the dead body of any pauper or emigrant en route through the city unless death occurred after leaving the stations stopped at before reaching this city. § 198. Wm RESPONSIBLE. Sec. 27. Whenever any act in reference to any premises, are required to be done or the doing of any alts are prohibited, by any of the provisions of this ordinance, it shall be the duty, both jointly and severally, of the owner, occupant, lessee or other person having control of such premises, to do such acts as are required to be done, and to prevent the doing of all acts prohibited, and to put and keep the premises in the condition required. § 199. PENALTY. Sec. 28. Any person who shall violate any of the foregoing provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed One Hundred ($ioo.00) Dollars or shall be imprisoned not to exceed thirty (3o)- days. § 200. PROCEDURE Or ABATING NUISANCES. Sec. 29. • In addition to prosecuting any person guilty of a violation of any provision of this ordinance, the Board of Health shall have authority to abate any such violation in the following manner : The Board of Health shall by resolution, order such matter, thing, substance or condition, removed, repaired or abated, within the time fixed by such resolution. Such resolution shall state the name of the person owning or occupying the premises complained of, the legal description of the same, and the matter, thing, substance or condition complained of. A written notice, REVISED CITY ORDINANCES III with a copy of such resolution shall be served upon the owner or occupant of premises, commanding him or them to appear before the Board of Health at the time named, and show cause if any they have, why the matter complained of should not be declared a nuisance, and be removed, repaired or abated. If the owner is a non-resident of the City and has no known agent, within the City, upon whom to serve such notice, a copy of such notice and of the resolution shall be posted in a conspicu- ous place upon said premises by the Sanitary Officer andshall be published in an official paper in the 'City, not less than five days before the time set for the hearing. Upon the hearing, if the Board of Health shall find that the matter, thing, sub- stance or condition complained of does exist, it may be de- clared a nuisance and they may order the same abated or re- moved within five days thereafter. Upon such order being made by the Board of Health, the Health Officer shall imme- diately notify, in writing, the owner and the occupant of the premises complained of, which notice shall be served in the manner hereinbefore prescribed. If the owner or occupant of said property fails to comply with said notice within the time fixed, it shall be the duty of the Sanitary Officer to proceed to remove, repair or abate said nuisance, or to cause the same to be removed, repaired or abated. Whenever the Board may deem immediate action necessary for the public health and safety, it may, without notice to such owner or occupant, or person having control or charge of any premises, immediately proceed to remove, repair or abate said nuisance. § 20I. EXPENSES INCURRED IN ABATING NUISANCES. Sec. 30. The expenses incurred by the Board of Health, in repairing, removing or abating any nuisance, shall be paid by the owner of the premises upon which said nuisance existed, and if the same' is not paid forthwith, the same shall be levied and assessed as a special tax, and shall become due and delin- quent, bear therate of interest and be sold at the time and in the manner provided by Ordinance No. 59. Note : City has power to punish violations of the rules and regulations of the Board of Health. Code Section 1029. Power to abate nuisance. Code, Section 1032 to 1034. II2 REVISED CITY ORDINANCES Ordinance No. 35. An , Ordinance Requiring the Making of Connections with Sanitary Sewers and Providing for the Manner of Mak- ing the same by the City. Be it Ordained by the City Council of the City of Dubuque : 202. BOARD Or HEALTH MAY ORDER CONNECTIONS. Section i. That whenever it shall appear to the Board of Health that any property owner, whose property is situated within two hundred (200) feet of any public sanitary sewer, has failed, neglected or refused to make proper and necessary house connections therewith, said board may by resolution order such sewer connections to be made by such property owner, and said resolution shall state the name of the owner or owners of the property to be thus connected by sewer, with a description of the property, and fix the time in said order within which connections shall be made, and that the general regula- tions and specifications as to construction of such sewers are on file and may be seen in the City Engineer's office, and shall also recite that if said connections are not made by the time specified, in accordance with such regulations and specifica- tions, that the Board of Health shall then proceed in manner as specified in Section 4 hereof and that said sewer connection shall then be ordered by the City Council and the cost thereof assessed to the specific property as provided in said Ordinance. 203. TIME WITHIN WHICH CONNECTIONS SHALT BE MADE. Sec. 2. Every owner of any house, tenement, or out- building occupied or used by a person or persons, which house, tenement, or building, or any part thereof is situated within two hundred (200) feet of any public sewer, shall within thirty days from the time of receiving notice from the Board of Health to make such connections, as provided in Section 3 hereof, connect such house, tenement, or outbuilding with such sewer, by a proper branch sewer constructed in accordance with the requirements of the Board of Health, and to the satisfaction and approval of the Engineer, both as to pipes and material, as well as work of constructing, and to use such sewer for all proper purposes as required by the Board of Health. § 204. NOTICE TO BE GIVEN. Sec. 3. A Copy of said resolution referred to in Section i hereof, duly attested by the Recorder, shall forthwith be served upon such property owner REVISED CITY ORDINANCES I13 or owners, or his or their duly authorized agent or attorney; the service thereof shall be made by the Chief of Police or Sanitary Officer, who must endorse thereon his return and file the same with the Recorder. Whenever it appears that such property owner .or owners are non-residents and have no duly authorized agent or attorney upon whom service can be made, then the Recorder shall give ten days' notice thereof by pub- lishing same in the official papers of the city for three consecu- tive times and the service of a copy of said resolution as herein provided by publication, shall be deemed sufficient to require such property owner to make said sewer connections. 205. CITY MAY MAKE CONNECTIONS. Sec. 4. When- ever any property owner who has been duly served with notice to make such sewer connections as hereinbefore provided, shall neglect or refuse so to do in accordance with the notice in the time therein stated, then and in that case the Board of Health may order plans and specifications of the sewer con- nections contemplated to be made with an estimate of the cost thereof by the Engineer, which plans and specifications and estimate, together with a report of the action of said Board in ordering said sewer connections, shall be submitted to the Council for approval, and if approved by said Council, the Council shall by resolution, order the same to be done by con- tract in accordance with such plans and specifications, and for that purpose shall advertise in the official papers of the city for three times within a period of ten days for proposals for con- structing said connection of sewers; said work to be done un- der the supervision of the City Engineer and Committee on Sewers, and the City of Dubuque shall have the right by its officers or employees to go upon the premises for the purpose of making such connections, and upon the completion of said work and acceptance thereof by the City Council, the City Engineer shall report to the Council the cost thereof, including the cost of the estimates, notices, inspection and preparing the assessment and plat, and the City Council shall levy an assess- ment against the specific property of the owner thereof, in an amount equal to said costs and expenses in the manner here- inafter stated, and the same shall from the time said work is done be a lien upon the real estate upon which such expenitures are made or expenses are incurred, and such assessment may be collected as other special assessments and the lien enforced by civil action in any court of competent jurisdiction. 8 114 REVISED CITY ORDINANCES § 206. MAY IAVY SPECIAL ASSESSMENT IPOR COST Or CONNECTION. Sec. 5. .The Council shall then direct the Re- corder to give ten days' notice either by three publications in the two official newspapers, or by mailing a notice to the owners of the property. that the proposed assessment is to be made, stating the amount 'and for what, cause the expense was in- curred, and that objections may be made in writing and filed with the Recorder during said ten days, and the Council having considered such objections, shall by resolution levy the specific assessment as hereinabove provided. Note : Charter, Section 7, Par. 9. Code, Section 1030. May assess as special assessment. Code, tor. REVISED CITY ORDINANCES TITLE X. PUBLIC MARKETS. Ordinance No. 36. An. Ordinance Relating to Public Markets. Be it Ordained by the City Council of the City of Dubuque : § 207. CENTRAL 1VIAKET. Sectioni. That the property of the City adjacent to the City Hall and located between clay and Iowa Street and between 13th Street and the Alley first • South thereof, together with so much of the streets, alleys, and sidewalks located between itth Street and 13th Street and White Street and Iowa Street as may be necessary, ,shall con- stitute and be known as the Central Market, and shall be used for the purpose of maintaining a public market for the sale of food commodities. § 208. OTHER MARKETS. Sec. 2. That the Council may from time to time, as they deem necessary, designate other ter- ritory, to be used as a public market or markets, for the sale of commodities usually sold upon public markets. § 209. MARKET MASTER SHALL HAVE .CONTROL 0E. Sec. 3. That all public markets provided for .by this ordinalce or that may hereafter bc established by the Council shall be under the control and supervision of the Market Master and he shall have authority to enforce all ordinances relating to public markets and the manner of conducting and carrying on the same. § 210. POWERS or COUNCIL OVER. Sec. 4. That the Council shall have authority to provide for the renting of stalls in public market places, when the same are located on property belonging to the City, and to regulate the manner of renting and the rate Or rentals to be charged, for the same. i 16 REVISED CITY ORDINANCES § 2I1. INSPECTION TO BE MADE. Sec. 5. That all food commodities offered for sale and all weights, measures or ap- paratus for determining the quantity of commodities, which are kept for sale, or used in selling, upon any public market, shall be subject to inspection by the Market Master as Iood Inspector. If any such food commodities are found to be un - 'fit for human consumption, or any such weight, measure or apparatus for determining the quantity of any commodity, is found to give a light weight or less quantity than is represented by the seller thereof, the same may be confiscated and destroyed, and the person offering for sale or selling such food commo- dities, using or attempting to use such weight, measure or apparatus, shall be guilty of a misdemeanor, and upon con- viction may be fined, not to exceed $ioo. § 212. MARKET HOURS. Sec. 6. That the Council may by resolution fix the hours during which public markets shall be open for business and no person shall offer for sale any com- modity on any public market, at any other time than that desig- nated by the Council. Note : Charter, Section 7, Par. 5. Power of City to establish and regulate. Code, Section 717. Lacy vs. Oskaloosa. 14.3 Iowa, 704. Dubuque vs. Miller. 11 Iowa, 583. Ordinance No. 37. An Ordinance Providing for the Appointment of a Market Master and Defining His Duties and Powers. Be it Ordained by the City Council of the City of Dubuque: § 213. How APPOINTED. Section i. The Council shall have power to appoint a Market Master who shall receive such compensation as the Council may fix by resolution, and shall hold office at the pleasure of the Council. § 214. POWERS AND DUTIES. Sec. 2. The Market Mas- ter shall have general control and supervision over all public markets. He shall have authority over all persons occupying. said market for the purpose of selling commodities thereon, including the right to inspect all food commodities offered for iric REVISED CITY ORDINANCES I 1 sale thereon, to determine whether the same are fit for human consumption. If any food commodity is offered for sale on any public market that in the opinion of the Market Master is not fit for human consumption, he shall have authority to con- fiscate and destroy the same. The Market Master shall also have authority to examine all weights, measures or apparatus for determining the quantity of commodities, and all articles sold by weight, upon any public market, and if any such meas- ure, weight, apparatus or article is found that does not show the quantity of any commodity correctly or if any article is light in weight or shorter in measure than is represented by the seller thereof, he shall have power to seize and confiscate said weight, measure, apparatus or article and he shall file an information against the person using the same, as provided by Ordinance No. 36. § 215. DUTIES. Sec. 3. It shall be the duty of the Market Master to see that the public markets are kept in a clean and sanitary condition and that all dirt, filth or rubbish deposited thereon or adjacent thereto, are promptly removed by the person employed by the Council to do such work. § 216. DUTIES. Sec. 4. That the Market Master shall have charge of the renting of space for selling commodities on public markets, on property belonging to the City, which space shall be rented in the manner and on the terms fixed by the Council, and the Market Master shall collect all rentals paid for space upon any public market, belonging to the City, and he shall file a monthly report of the money collected by him, which money shall be paid to the Treasurer. § 217. CONTRo1, o1' PUBLIC SCALES. Sec. 5. The Mar- ket Master shall also have control and management over all public scales, as provided by Ordinance No. 34., and shall act as public weigher for the public scales located at the Central markets. § 218. POLICE POWERS. Sec. 6. That the Market Master is hereby clothed with police power in. all matters pertaining to his office and the enforcement of all, ordinances relating to public markets or public scales, and he shall have authority to arrest any person found violating any of such ordinances or the laws of Iowa, regulating weights and measures. Note : Charter, Section 7, Par. 17. II8 REVISED CITY ORDINANCES Ordinance No. 38. An Ordinance in Relation to Public Scales and Public Weighers. Be it Ordained by the City Council of the City of Dubuque : § 219. PUBLIC SCALES. How ESTABLISHED. Section 1. That the City Council may establish and maintain public scales of sufficient capacity to weigh any ordinary load or article; and the same shall be located at such places as the Council may designate. All such scales shall be under the control of the Market Master and it shall be his duty to cause the same to be kept in good repair and to test the same from time to time. That the Council shall appoint a Weigh Master, who shall have charge of each public scale,, who shall receive as compen- sation such amount as the Council may fix by resolution. § 220. PURPOSE O1' PUBLIC SCADS. Sec. 2. That such public scales shall be kept and maintained. for the use of the pub- lic, and any person purchasing any coal, grain, hay or other mer- chandise, in bulk, shall have the right to demand that the same be weighed on a public scale. § 221. F'EEs VCR WEIGHING. Sec. 3. That when any merchandise or article is brought to a public scale to be weighed, the Weigh Master shall weigh the same and deliver to the per- son in charge of such merchandise or article, a certificate show- ing the, correct weight thereof, together with the date when weighed and the name of the person, firm or corporation for whom the weighing was done. That the person having any merchandise or article weighed shall pay the Weigh Master the stuns of 10 cents for each load or article weighed. § 222. WEIGH MASTER SHALL F'II,E REPORT. Sec. 4: That the Weigh Master of each scale shall make monthly re- ports to the Council of all money received for weighing during the previous month and shall pay the Treasurer the balance in his hands, after dedticting his compensation. as such Weigh Master. Note : Power of City to establish Public scales. Davis vs. Anita, 73 Iowa, 325. Ewing vs. Webster City, 103 Iowa 226. REVISED CITY ORDINANCES 119 TITLE XI. PUBLIC SERVICE CORPORATIONS. Ordinance No. 39. • An Ordinance . Regulating Railroad Crossing and Railroad Trains Within the City. Be it Ordained by the City Council of the City of Dubuque : § 223. RATE o1' SPEED. Section 1. Every locomotive engine, railroad passenger car and freight car which shall be driven, propelled or run, upon or along any railroad track within the City, shall at all times be under the complete and absolute control of the engineer or other person in charge there- of, and shall run or propel the same at a speed of not to exceed six miles per hour. § 224. MUST Nor OBSTRUCT CROSSING. Sec. 2. No .railroad company, railroad engineer, train conductor or other person having charge or control of any locomotive engine, car, or train of cars shall stop or cause the same to be stopped at, remain upon or in any way obstruct any street or railroad crossing, within the city, for more than five minutes at any one time. That if it shall be necessary for any locomotive en- gine, car or train of cars to stop or remain upon any street or railroad crossing for a longer period than five minutes at any one time, that the engineer, conductor or other person in charge of said locomotive engine, car or train of cars, shall cause the same to be removed or divided so as to leave said street unobstructed the entire width thereof for the passage of pedestrians, vehicles and street cars, and said crossing shall be permitted to remain unobstructed for such a length of time as may be necessary to allow all persons or vehicles in waiting and ready to cross, to do so. I20 REVISED CITY ORDINANCES § 225. MUST RING B I,r,. Sec. 3. The bell of every locomotive engine shall be rang continually while running with- in the limits of the city. 226. MAY ORDER GATES ERECTED. Sec. 4. That every railroad company operating a railroad within the limits of the City shall maintain at every street crossing, which the Council has or may hereafter by resolution designate, suitable gates, bars, viaducts or flagmen and the same shall not be removed or discontinued unless by consent of the Council. Whenever the Council shall deem it necessary for the safety and convenience of the public that gates, bars or viaducts should be erected or maintained, or flagmen stationed at any street or other public crossing, the Council shall, by resolution, order and direct the. railroad company or companies crossing such street or other public crossing to erect and maintain at the expense of such company, such gates, bars or viaducts as it may deem proper and necessary, or to station a flagman at such crossing, who shall be in charge of such crossing during the time each day that the Council shall designate. That the resolution shall specify the streets or other public crossings at which such gates, bars or viaducts shall be placed or flagman stationed, and shall specify the time within which the same shall be erected or stationed at such street or crossing. That after said resolu- tion has been adopted, the Recorder shall cause a copy of the same to be served upon the railroad company, or companies, with a notice of the time within which the provisions of such resolution must be complied with. 227. PENALTY FOR VIOLATION. Sec. 5. Any railroad company, or any officer, agent or employee thereof, who shall violate any of the provisions of this ordinance, or Who shall do any act herein prohibited, oi' fail to do any act herein required, shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $ioo.00 for each offense. Note : City has power to regulate speed of trains. Code, Section 769. Myers vs. C. R. I. and P. Ry. 57 Iowa, 555. City has power to require realways to erect gates. Code, Section 769. Council Bluffs vs. I. C. R. R. 158 Iowa, 681. REVISED CITY ORDINANCES I21 Ordinance No. 40. An Ordinance Requiring Railroads and Street Railways to Maintain Culverts and Drains Across Their Right of Way on Streets, Avenues, Alleys and Public Places. Be it Ordained by the City Council of the City of Dubuque : 228. CITY MAY ORDER. Section i. That the Council shall have power 'to order any railroad company or street car company to construct and maintain culverts and drains across its right of way on any street, avenue, alley or other public place whenever they shall deem the same to be necessary. 229. ENGINEER SHALL PREPARE PLANS. Sec. 2. That the Engineer, when ordered by the Council, shall prepare plans and specifications for such culvert and drain, and shall have supervision of the same when the Council orders the same in- stalled. 230. COMPANY SHALL BE NOTIFIED. Sec. 3. That when the Engineer has submitted plans and specifications for such culvert and drain, to the Council, and the same has been approved, a resolution shall be adopted requiring the railway company or street car company to install such drain and cul- vert, a copy of such resolution shall be served upon such com- pany, and the company may elect in writing whether to install such drain and culvert itself or to have the City install the same at its expense. If the company elects to have the City install the same or if it fails to make any election within the time fixed, for such election by resolution, the City shall proceed to in- stall the same at the expense of such company. Such culvert and drain, shall be installel according to the plans and speci- fications approved by the Council, and the Engineer shall have power to require the same to be so installed, and to order the same removed if it is not properly installed. Note : Code, 964. Ordinance No. 41. An OrdinanceiRegulating the Running and Operation of Street Cars and Street Railways and Providing a Penalty for its Violation. Be it Ordained by the City Council of the City of Dubuque : § 231. Two MEN REQUIRED. Section i. That no per- son, firm or corporation shall operate a street car, for carrying I22 REVISED CITY ORDINANCES passengers, upon any. street railway within the City, unless such street car'shall have both a driver or motorman and a conductor to operate the same, daring all of the time that such car is in service, provided however, that a trailer coupled to a street car and operating thereyvith shall require only a conductor, but only cars, not equipped with machinery to. propel the same, shall be considered as trailers within the meaning of this ordin- ance. § 232. REAR EXITS REQUIRED. Sec. 2. That no person, firm or corporation, shall operate'a street car, used for carrying passengers, upon any street railway, within the City that is not equipped with at least one rear exit and one front entrance and exit. § 233. EXPERIENCED MEN. REQUIRED. Sec. 3. No person, . firm or corporation shall operate a street car used for carrying passengers, except a trailer as defined in Section z hereof, upon any street railway within the City, unless one of the persons operating the same, either as motorman or conductor has had at least two months experience in operating a street cat. § 234. FENDERS REQUIRED. Sec. 4. No person, firm or corporation shall operate a street car used for carrying pas- sengers upon any street railway within the City, unless the front end thereof is equipped with a fender of a size and character acceptable to and approved by the Council, which fender shall be kept in good working order and repair so that as far as pos- sible, persons may be protected from injury or damage by com- ing in collision, with such. car. § 235. MUST REMovE SNOW. Sec. 5. That no person, firm or corporation engaged in operating a street car upon any street railway within the City shall deposit, any snow,. ice or'. other accumulation, removed from such railway or street car track or from the right of way occupied by such tracks, upon or along any portion of any street or public place within the prescribed fire limits of the City, provided however, that snow and ice may he removed by plows, scrapers, brushes or shovels from such railway or street car track and deposited, tempor- arily, upon the portion of the street or public place along such track, but all snow and ice so deposited upon any public street or public place within the fire limits shall be removed therefrom; within 24 hours thereafter, and be deposited in such place or REVISED CITY ORDINANCES 123 places as the Street Commissioner shall designate for that pur- pose. § 236. RAILROAD CROSSINGS. Sec. 6. That no person, firm or corporation shall allow a street car, used for carrying passengers, • upon any street railway within the City, to cross the track or tracks of any steam railroad, unless such street car is brought to a full stop at least 25 feet from the center of the track or tracks and the conducter of such street car has ascertained whether such track or tracks are clear and un- obstructed. The street car shall not move until the conductor has crossed such track or tracks and has signaled to the motor- man to proceed. §.237. PENALTY POR VIOLATIoN. Sec. 7. That any per- son, either as officer, agent or employee of any person, firm or corporation, who shall operate a street car or cause the same' to be operated, in a manner contrary to the provisions of this ordinance, or shall violate any provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than $io.00 nor more than $ioo.00. Ordinance No, 42. An Ordinance Providing for the Placing of Telephone Wires Underground Within Certain Liinits, and Regulating the Erection of Aerial Telephone Poles and Wires Outside of said District. Be it Ordained by the City Council of the City of Dubuque : § 238. UNDERGROUND DISTRICT DEFINED. Section I. That the territory in said Ctiy of Dubuque embraced within the following described boundaries shall be known as the "Un- derground District," namely :. Beginning at a point on the northwest corner of Iowa and First Streets; thence west along. the north side of First Street to t ne west side of Locust Street; thence north along the west sidof Locust Street to the south side of Seventeenth Street; thence east along the south side of Seventeenth Street to the west side of Clay Street; thence north along the west side of Clay Street and Couler Avenue to the north side of Sanford Street, thence east along the north side of Sanford Street to the west side of Jackson Street; thence south along the west side of Jackson Street to the south side of 124 REVISED CITY ORDINANCES Eleventh Street; thence west along the south side of Eleventh Street to the east side of White Street; thence south along the east side of White Street to the north side of Fourth Street; thence west along the north side of Fourth Street to the west side of Iowa Street; and thence south along the west side of Iowa Street to the point of beginning. § 239. No AERIAL WIRES IN DISTRICT. Sec. 2. No person, firm or corporation operating or maintaining telephone wires, shall erect, operate or maintain any aerial wires within the above described district, except such wires as may be necessary to connect subscribers and customers with the under- ground system. The poles to be used for such distributing wires shall be located, as far as practicable, in the alleys within said district. § 240. MUST FILE APPLICATION TO INSTALL. Sec. 3. Before any corporation, now operating or hereafter acquiring the right to operate telephone wires in the streets of the City,. shall begin the work of placing its wires and cables under ground, it shall present to the City Council of said city a written statement specifying the streets and alleys or parts thereof, in which its conduits are to be located; the approximate size of the conduits proposed to be used and the distance from the sur- face of the street to the top of such conduits, and such state- ment shall be accompanied by a map, plan or specifications which shall show the proposed location of the conduits with reference to the streets, alleys and surface of the streets and the approximate dimensions of the conduits and manholes to be used therewith, and the proposed locations may be changed by the City Council, if the same shall in any way interfere with any conduits, pipes or sewers placed underground, or if located on streets objectionable to the City Council, and such statement, map, plan or specifications, so altered after being corrected or changed, together with the original statement, shall remain on file in the office of the City Recorder, and all conduits and man- holes shall be constructed in accordance with said corrected statement, map, plan or specifications. The applicant shall also secure a permit to excavate in the streets and alleys shown in said map in the manner provided in Ordinance No. 49. § 241. MUST PROVIDE SPACE VOR CITY. Sec. 4. Each person, firm or corporation planning underground conduits under the provisions of this ordinance, shall include in the plans REVISED CITY ORDINANCES 125 and conduits space of the capacity of one (i) duct, in which the city may place its wires free of charge, and the City Elec- trician shall be allowed free access to such ducts at all times and shall be allowed facilities and privileges at manholes for putting in and taking out wires in the space so alloted to the city, equal in all respects to those of the corporation owning the same, but no electric or other wire creating a high tension or dangerous current, shall be placed or maintained in any conduits built and owned by any telephone company. • § 242. SUPERVISION. Sec. 5. The distribution of wires from conduits to buildings or other locations above ground, within said underground district, shall be by means of poles or underground connections, the location of said poles, together with the manner of constructing said underground connection shall be under the supervision of the Committee on Streets and Engineer. § 243. DISTRICT MAY BE ENLARGED. Sec. 6. Nothing contained in this ordinance shall be so construed as to prevent the Council from exercising the right of the City to enlarge the underground district when such action becomes, necessary. § 244. CITY MAY MOVE Por s, ETC. Sec. 7. The City of Dubuque reserves the right to remove from any street, alley or public place, of the said city, any poles, wires or other aerial fixtures which any such per/on, firm or corporation may at- tempt to maintain therein contrary to the provisions of this ordinance. § 245. SHALL FURNISH FREE PHONES. Sec. 8. Each telephone company subject to the provisions of this ordinance, shall furnish to the City of Dubuque, free of charge, twelve (i 2) telephones, which telephones shall be installed in such of the city offices as the Council may designate, and shall be for the use oflits officials. In addition to said free telephones such company shall furnish, to said City, such additional telephones as it may require for its officials or departments, at one-half (/) of the rate regularly charged, by it, to its subscribers in the City of Dubuque for like service. § 246. MAY PLACE LINES UNDERGROUND OUTSIDE DISTRICT. Sec. 9. Any person, firm or corporation now or hereafter maintaining or operating telephone wires within said • 126 REVISED CITY ORIDINANCES city outside of the underground district described in section one (I) hereof, may at its election, place all or any portion of its wires outside of said underground dristrict underground, and the provisions of this ordinance shall apply to all under- ground construction which may be installed outside of such underground district. § 247. CITY MUST APPROVE. Sec. Io. Outside of the underground district, herein provided for, the wires of all such companies, which are not placed in underground conduits, shall be erected and maintained on poles, which in no case shall be less than forty (4o) feet in length within, the business district, and thirty (3o) feet in length outside the same. The location of the poles and wires as now made for distribution by the companies operating in said city outside of said underground district, is hereby approved and all changes or extensions by any company shall be done under the direction and supervision of the City Electrician; provided, that no pole shall be erected and no permit issued for the same until the City Council has approved of such proposed routes and construction. § 248. CITY DOES NOT WAIVE RIGHTS. Sec. I I. Noth- ing in this ordinance contained shall be construed as an ac- quiescence in, or ratification of the occupation of any of the streets, alleys or public places in the City of Dubuque, by any person, firm or corporation, now occupying the same without legal right, nor shall this ordinance be construed as conferring the right to occupy any of the streets, alleys or public places of said city upon any such person, firm or corporation now ille- gally or without authority occupying the same. Note : City has power to regulate placing of telephone lines. Code, Section 959. City has no jurisdiction over telephone lines for which franchises were granted, prior to the Code of 1897. State vs. Telephone Company, 173 Iowa, 497• Shaver vs. Iowa Telephone Company, 175 Iowa, 607. REVISED CITY ORDINANCES TITLE XII. STREETS, ALLEYS, SIDEWALKS, AND SEWERS. I27 Ordinance No. 43 An Ordinance Providing for the Establishing, Opening, Alter- ing and Vacating of Streets, Avenues and Alleys; also the Manner of Fixing and Changing Grades; and also for the Condemnation of Private Property for. such Purposes. Be it Ordained by the City Council of the City. of Dubuque : § 249. ES'T`ABLISHING BY DEDICATION. Section I. That streets, avenues, alleys, or highways may be dedicated to public use by the owner or owners of the ground upon which they are located in the manner provided by ordinances, but no street, avenue, alley, or highway shall be deemed open for public use or under the control of the City unless the same has been so dedicated and the same his been accepted by the Council. § 250. ESTABLISHING OR ALTERING STREETS BY ACTION or THE COUNCIL. Sec. 2. Whenever the Council deems it advisable to establish, open, widen, extend, or alter any street, avenue, alley, or highway, the same shall be done by a resolu- tion directing the Engineer to make a survey and plat of the proposed improvement, showing the lots or parcels of, ground through or over which the same shall extend and the quantity of ground proposed to be taken for.such purpose, together with the name of the owner or owners of such lots or parcels of ground. The Engineer shall thereupon prepare and file in his office a plat as provided in such resolution. § 251. NOTICE To BE GIVEN. Sec. 3. When such plat has been filed in the office of the Engineer, he shall give ten (io) days notice to the owner or owners of the property included in such plat. Such notice shall be given by publication for ten I28 REVISED CITY ORDINANCES (Io) days in the official newspaper of the City and shall pro- vide that at the next regular meeting of the Council after the expiration of the time named in such notice, that the Council will hear objections to such improvement and determine whether such improvement shall be made or not. It shall fur- ther provide that all persons interested in such improvement shall have the right to appear before the Council at the time named, for the purpose of objecting to such improvement. Proof of publication of such notice shall be filed in the office of the Recorder as a part of his records. 252. IMPROVEMENT CONSIDRED. Sec. 4. At the time fixed in such notice, the Council shall hear and consider any objections which have been filed to such improvement and shall determine whether or not such improvement shall be made. If the Council determines that such improvement shall be made, it shall, by resolution, order the Recorder to issue a venire to the Chief • of Police commanding him to summon a jury of . twelve (12) property owners of the City, who have no.interest in the proceedings, to appear at a time and place fixed. The Re- corder shall also deliver to the Chief of Police a list of the names of the owners of the property included within such itnprovement, and the Chief of Police shall serve personal notice upon such parties, of the time and place, when and where the jury summoned by him will appear. If any of the owners of such property are non-residents of the City, or personal services cannot be had upon them, notice shall be given by publication in the official newspaper for at least two (2) weeks, the last publication to be at least five (5) days before the time fixed for the meeting of such jury, and such notice shall state substantially the purpose for which the jury is summoned. § 253. MAY OBJECT' TO JURY. Sec. 5. That at the time and place named in such notice, for the meeting of the jurors, the owner or owners of the property included within such im- provement may appear and object to any person who has been summoned as a juror, and shall state his reason for his objection, and the Chief of Police shall pass upon such ob- jection, and may sustain or overrule the same. That no person shall have the right to more than three (3) challenges to jurors. If no objections are made, the jury shall be accepted as drawn. If objections, are made which are sustained by the Chief of Police, he shall call a sufficient number of talesmen to complete REVISED CITY ORDINANCES 129 the .jury; and after all objections have been made and passed upon and sufficient talesmen have been drawn, the number remaining shall constitute a jury to assess damages. Any owner of property included within the improvement, who does not appear and object to the jury at the time and place named in the notice of such meeting, shall be barred from raising any objection to such jury. 254. JURY SHAL,I, ASSESS DAMAGS. Sec. 6. After the jury has been chosen, they shall be sworn by the Chief of Police and shall then proceed to view the premises included within the proposed improvement, and after inspecting the same, shall determine the damages which will result to the owner or owners of such property by reason of such improve- ment. In determining the amount of damages to be allowed, the jury shall consider the improvements upon the property, and the reasonable market value thereof, the expense of re- moving and tearing down of such improvements, and such other elements of damage as should be considered to make up a fair and reasonable compensation to the owner of the property to be taken. When the jury has arrived at its conclusion, a report in writing shall be signed by all the members of the jury and the same shall be delivered to the Chief of Police who shall file the same with the Recorder. 255. COUNCIL, SHALL, Imo' XAMIN0 REPORT. SeC. 7. At the next regular Council meeting, the Council shall examine the report of the Engineer and the finding of the jury, and shall thereupon decide whether or not such improvement shall be made. If the Council shall determine to make such improve- ment,' a resolution shall be ,passed ordering that the damages assessed by the jury shall Ife paid to the owner or owners of such property, upon the execution of a deed for the property to be taken and no money shall be paid to such owner or owners until such deed has been executed and delivered to the City. If the owner or owners of any property do not furnish such deed to the City, the damages awarded by the jury to such owner or owners shall be placed in the hands of the City Treasurer and shall be retainned by him until such deed is executed and delivered, and the depositing of the money in the hands of the City Treasurer shall be equivalent to payment. 256. CITY SHAM, ESTABLISH STRET, AI,I,Y, OR HIGHWAY, Sec. 8. When the Council has taken the action 1.30 provided. for in the preceding sections, and the amount of damages has been paid to the owner or owners or has been delivered to the City Treasurer for him, the Council shall, by resolution, declare such street, avenue, alley, or highway to have been established, opened, altered, extended, or widened, as the case may be, and the plat of such improvement shall thereupon be recorded and preserved by the Engineer in the records of his office and the same shall thereafter be deemed to be a public street, alley, avenue, .or highway, and to be open for public use and under the care and supervision of the City. § 257. Dury ov THE CHIEr or Poi,IcE. Sec. 9. When a street, alley, avenue, or highway has been established as pro- vided in the foregOing section, the Recorder shall deliver to the .Chief of Police a copy of the resolution declaring the same to be a public street, alley, avenue, or highway, and the Chief of Police shall proceed to notify the owner or owners of he land included Within such improvement to remove any and all ob- structions or buildings thereon within ten (to) days thereafter. If any person shall refuse or fail to remove such. obstructions, the Chief of Police and Street Commissioner shall have au- thority to have the same removed at the,expense of the property owner. § 258. RIGHT or APPEAL. Sec. to. Any owner or owners.of property included within any proposed improvement Shall have the right of appeal to the District Court of Dubuque County, from the -findings of the jury summoned to assess damages because of such proposed improvement, within thirty (30) days after the findings of the jury have been filed with the Recorder, and the person taking such appeal shall give notice to the opposite party in writing, stating that such an appeal has been taken, and the Recorder shall thereupon file a certified copy of the record of the proposed 'improvement, and after such record has been filed, the court shall have jurisdic- tion of the matter and shall try the same as an ordinary law case, the party appealing being designated as the plaintiff. § 259. APPEAL SHALL Nur DELAY IMPROVEIVIENT. SCC. I" No appeal shall operate to delay the proposed improve- ment, providing the City shall deposit the amount awarded by the jury with the City Treasurer, but in such case the Treasurer shall not pay out any of such money so deposited with him until he has been notified to do so by the City Attorney. REVISED CITY ORDINANCES j REVISED CITY ORDINANCES 131 § 260. WHEN APPEAL WAIVED. Sec. 12. Any owner or owners of property included within the proposed improve- ' latent, who shall not give notice of appeal within thirty (30) days, shall be deemed to have waived the right of appeal, and no property owner who has accepted the amount awarded by the jury from the Treasurer shall he allowed the right to appeal. § 261. WHAT jUDGMENT ON APPEAL. Sec. 13. Upon appeal, the court shall either affirm the findings of the jury or shall fix the amount of damages to be awarded to the party taking the appeal and shall enter. judgment for costs, and the City shall pay the amount thus determined or deposit the same with the Treasurer before adopting the resolution establishing such street; alley, avenue, or highway as hereinbefore. provided. § 262. VACATIONS. SCC. 14. That when any person, firm, or corporation shall file a petition with the City Council asking that any street, avenue, alley, or highway shall be vacated for the use or accomodation of such person, firm, 017 corporation, the Engineer and the Recorder shall determine the amount of the probable expenses incident to vacating such street,, avenue, alley, 'or highway, which expenses shall include the work to be done by the Engineer, the givingof notice, the assessment of damages, and the award of the jury, if any. The Recorder shall thereupon notify such person, firm, or 'cor- poration of such probable expenses and before any action is taken by the Council upon such petition, such person, firm, or corporation shall deposit with the Treasurer a sum sufficient to cover all of such expenses. When all proceedings relative to such proposed vacation have been- completed, the Recorder shall report to the Treasurer theamount of the actual expenses incurred by the City in making such vacation, and such amount shall be deducted from the sum depositedwith the Tooasurer and the balance, if any, shall be paid to the person, firm, or cor- poration by whom it was deposited. If at .any time during the proceedings it should - appear that the sum deposited is not sufficient to cover the expenses incurred, the Treasurer shall have the authority to demand that .a further :sum be deposited by the person, firm, or corporation filing the petition, and no further action shall be taken until such sum is deposited. 132 REVISED CITY ORDINANCES ESTABLISHING AND CHANGING OI' GRADES AND DAMAGES. § 263. ESTABLISHING GRADE. Sec. 15. When a street, alley, avenue, or highway ,has been established, opened, or altered, as provided in the foregoing sections of this ordinance, the Engineer shall at once establish the grade for the same and shall prepare a plat showing such grade which he shall submit to the Council and when the same is approved by the Council, such grade shall be established by ordinance and the plat of such grade shall be filed in the office of the Engineer and num- bered consecutively and shall thereafter be kept as a part of his records. § 264. No GRADE ESTABLISHED EXCEPT BY ORDINANCE. Sec. 16. That no grade heretofore established by resolution or in any other manner than by ordinance shall be deemed to be an established grade, but grades heretofore established may be confirmed and reestablished by ordinance. § 265. REPORT 01+ ENGINEER. Sec. 17. That before a grade is established on any street, alley, avenue, or highway, the Engineer, by direction of the Council, shall make a survey of such street, alley, avenue, or highway, and shall prepare a plat showing a record of such survey. The Engineer shall also examine the records of his office and determine whether a grade has been previously established on such street, alley, avenue, or highway. If the Engineer' finds that a grade has been es- tablished for such street, alley, avenue, or highway by resolution or otherwise, he shall make an investigation as to whether abutting property owners have made improvements upon such street, alley, avenue, or highway in accordance with such grade. When improvements have been made in accordance with such grade, the Engineer shall determine whether such property owners will suffer damage if the grade be re-established in conformity with the survey made by him. The Engineer shall then''file with the Council a plat showing the survey made by him, and a report of his findings in regard to the grade pre- viously adopted and the amount of damage which will be caused to abutting property owners if the new grade is adopted. § 266.. DUTY or CouNciL. Sec. 18. The Council shall, upon investigation of the report of the Engineer, determine whether they deem it best to establish the grade already adopted upon such street, avenue, alley, or highway, or to establish the REVISED CITY ORDINANCES 133 new grade as shown by the plat prepared by the Engineer. When such matter has been determined, the Council shall, by ordinance, establish which ever grade they deem best. § 267. CHANGE or GRADE. Sec. 19. Whenever a grade has been established by ordinance on any street, avenue, alley, or highway, and it shall be .determined by the Council that it is advisable to change such grade, it may, at its discretion, change such grade in the manner provided by this ordinance, and the ordinance previously adopted establishing the grade upon such street, avenue, alley, or highway shall be repealed by action of the Council. § 268. ASSESSMENT OP DAMAGES. Sec. 20. Where it appears that because of a change of grade upon any street, avenue, alley, or highway, that damages will result to the abutting property owners by reason of such change of grade, three disinterested property owners shall be selected to assess the amount of each abutting property owner's damages. One of such persons shall be chosen by the Mayor and one by the owners of the abutting property, and the third shall be chosen by the two thus appointed. When the Mayor has selected one person to act as referee, the Chief of Police shall notify the abutting property owners in writing of the name of the person so chosen and shall order such abutting property owners to select their referee within ten (io) days after the time of receiving such notice. Such selection shall be made in writing, signed by the abutting property owners, and the same shall be filed with the Mayor. If the abutting property owners fail to make a selection within ten (To) days after receiving notice, the Mayor shall report this fact to the Council, and the Council shall then have power to select all the referees. In case the referee selected by the Mayor and the referee selecte,�l by the abutting property owners, within five (5) days of to r they are notified, fail to select a third party, they shall notify the Mayor in writing of this fact and he shall then report the matter to the Council, and the Council shall then have power to select a third referee. When all of the referees have been appointed as thus provided, they shall take an oath in writing to faithfully and impartially discharge their duties, which oath shall be filed with the Recorder. § 269. SHALL GIVE NOTICE. Sec. 21. When the referees have been appointed and have qualified as above pro- 134 REVISED CITY ORDINANCES vided, they shall give ten (Io) days notice in writing to the owners of the abutting property stating the time and place when they will meet, and the matters for their consideration, and such notice shall be served upon such abutting property owners by the Chief of Police in the same manner as other notices and a return of such services shall be made to the Recorder. § 270. NOTICI TO UNKNOWN RESIDENTS. Sec. 22. If the Chief of • Police is unable to serve such notice upon any abutting property owner, or if such abutting property owner is a non-resident and has no known agent within the County upon whom services can be made, notice shall be given by pub- lication once a week for three consecutive weeks, in the official newspaper of the City, and the referees shall not enter upon the performance of their duties until such notice has been given. § 271. RE1EREEs SHALL, ;VIEW PREMISES. Sec. 23. Before the time fixed for the meeting for the purpose of the determining the amount of damages, the referees shall go upon the premises for the purpose of ascertaining the amount of damage due to each abutting property owner. § 272. MEETING or RErEREEs. Sec. 24. At the time fixed in the notice, the referees shall meet and may summon witnesses and receive evidence relative to such proposed change of grade, and shall hear objections filed by the abutting property owners, if any, and after such matters have been fully sub- mitted, shall make a finding of the amount of damages which will be suffered by each abutting property owner, which find- ing shall be made in writing and signed by the referees. § 273. ASSESSING DAMAGES. Sec. 25. In determining the amount of damages that will be calked to any abutting property owner by such change of grade, the referees shall take into consideration any benefits which will result to the property on account of any such proposed change, as well as the damages, and shall make a full and fair appraisment of the damages, if any, that will result to each abutting property owner and if they find that the abutting property will be bene- fiteed by such change of grade, such finding shall be included in their report. § 274. REPORT To COUNCIL. Sec. 26. When the referees have completed their findings, the same shall be filed REVISED CITY ORDINANCES 135 with the Recorder, all of which shall be done within ten (ro) days after the time fixed for such hearing. § 275. ACTION Or THE CouNCII,. Sec. 27. At the next regular Council meeting, the Council shall : examine the report of the referees and may either accept or reject the same, and if such findings are rejected, all previous proceedings pertaining to the change of grade shall be void. and all further action discontinued. If such report is accepted, the same shall be done by action of the Council, and such report shall be filed with the Recorder as a part of his records. The Council shall also take such action as may be necessary to provide the money necessary to pay all damages which may be allowed by such referees because o;c such proposed change of grade. § 276. ORDER UPON TREASURER. Sec. 28. When such action has been taken by the Council, the Recorder shall de- liver to the Treasurer a certified copy of the proceedings of the Council, showing the action of the Council including such re- port and appraisement, and the action setting aside the amount of money necessary to pay such damages, and the Treasurer shall thereupon notify each owner that he is ready to pay over to him the damages assessed and shall offer to pay such amount, which tender shall be kept as a part of his records. When called upon by such abutting property owners, the Treas- urer shall pay to each person the amount.set apart for' him and shall take his receipt for the same. § 276a. SHALL PAY DAMAGES ASSESSED. Sec. 29. No grade shall be changed until the damages assessed have s been paid or tendered to all the owners of the abutting property as provided by the findings of the referees. § 276b. RIGHT or APPEAL. Sec. 30. If any of . he abut- ting property owners refuse to accept the amount odamages awarded to them, they shall have the right to appeal from the action of The Cotmcil, approving the findings of the referees, to the District Court of Dubuque County and such appeal shall be taken by serving notice thereof upon the City within twenty (20) days after such action has been taken. On the trial of such appeal, all questions involved in the proceedings, includ- ing the amount of damages, shall be heard and the City shall have the burden of proof to show that the proceedings taken are in conformity with this ordinance. As a part of its judg- 136 REVISED CITY 'ORDINANCES ment, the Court shall determine the amount of costs to be paid by each party. Note : Charter, Sec. 7, Par. 13. Code 1913, Sec. 751. Shaver vs. Turner Imp. Co., 155 Iowa, 492. Condemnation of Land for Street Purposes : Cocle, Sec- tion 999. Proceedings to Condemn : Code, Sec. 1002; Code, Chap- ter 4, Title X ; Code 1913, Sec. 2024k. Grade of Street : Code, Sec. 782 to 79o. Grade Can Be Established Only By Ordinance : Kepple vs. Keokuk, 61 Iowa, 653 ; Trustees vs. Anamosa, 76 Iowa, 538; McManus vs. Hormaday, 99 Iowa, 507. Change of Grade : Code, Sec. 785 to 788. Damages for Change of Grade: Code, Sec. 785; Creal vs. Keokuk, 4 G. Green, 47 ; Hempstead vs. Des Moines, 52 Iowa, 303. Person Who Waives His Claim for Damages, in Writing, Cannot Afterwards Make Claim for Damages: Bur- lington vs. Gilbert, 31 Iowa, 356; Luse vs. Des Moines, 22 Iowa, 59o. No Damage Until Work is Actually Carried into Effect : Hempstead vs. Des Moines, 63 Iowa, 36. Appeal : Code, Sec. 79o. • Ordinance No. 44. An Ordinance Relating to the Construction and Reconstruc- tion, Making and Improving of Streets, Avenues, Alleys, and Public. Places, and Providing for the Payment There- for by the Levying of Special Assessments. Be it Ordained by the City Council of the City of Dubuque : § 277. IMPROVEMENT. How COMMENCED. • Section I. That whenever a petition purporting to be signed by the owners of a majority of the linear front feet of property abutting upon or lying along any street, avenue, alley or public place or any part thereof, shall be filed with the Council asking that such street, alley, avenue or public .place or any part thereof be paved, curbed or guttered or otherwise permanently improved, said petition shall be referred to the Engineer who shall examine the REVISED CITY ORDINANCES 137 same for the purpose of determining whether the same is signed by the owners of a majority of the linear front feet of the property abutting or lying along said contemplated improve- ment. When such examination has been made, he shall file a report with the Council and if he reports that such petition has been so signed, the Council may, by a vote of the majority, order such improvement made. § 278. By ACTION OP COUNCIL. Sec. 2. In cases where no petition has been filed, the Council may, upon its own mo- tion, when it deems it necessary and advisable that any street, alley, avenue or public, place or any part thereof, shall be per- manently improved, by a three-fourths (3/4) vote of the whole number of the Council, order that such improvement be made. In such case a yea and nay vote shall be taken and such vote shall be made a matter of record by the Recorder, and shall be kept as part of the record of such improvement. § 279. SHALT, D CLARE INTENTIoN. Sec. 3. Whenever the Council shall order the improvement of a street, avenue, alley or public place or any part thereof as above provided, it shall by resolution declare such intention, which resolution shall describe generally the location and nature of the improvement and extent thereof, the kind or kinds of material to be used and whether the -property subject to assessment shall be assessed therefor. Such resolution shall be adopted by the Council by a twothirds (2-3) vote of all the members of the Council by a yea and nay vote, which the Recorder shall make a matter of record and which vote shall be a part of the records relating to such improvement. § 280. DUTIES OP ENGINEER. Sec. 4. When such a resolution has been adopted, and before the Council orders such improvement to be made, it shall direct the Engineer, by resolu- tion, to prepare a plat showing the location and general nature of the improvement, and the extent thereof, and shall direct him to make an estimate of the cost thereof, showing the amount to be assessed against each lot or parcel of land subject to assessment for such improvement and against any railway or street railway - in or upon any such street, alley, avenue or highway, which plat and estimate shall be filed in the office of the Recorder. § 281. DUTIES oP RECORDR. Sec, 5. Such resolution shall also provide that after such plat and estimate has been filed with the Recorder, that he shall publish a notice for three 138 REVISED CITY ORDINANCES (3) consecutive issues in a newspaper published in this city, stating that such plat and estimate are on file, the location and nature of improvement, the kind or kinds of material to be used and the estimate of its cost, also the time within which objections to such improvement shall be filed and the time fixed for the hearing of such objections, which time shall not • be less than five (5) clays after the last publication of such notice. At the next regular session of the Council after such notice has been given, the Recorder shall notify the Council thereof in writing and shall file therewith a copy of such notice. § 282. OBJECTIONS MAY BE VII,ED. Sec. 6. After such notice has been given and at the time provided in such notice, any property owner, having an interest in any property to be affected by such proposed improvement, shall have the right to file objections to the same in writing or may appear at the time fixed and make such objections orally. 283. HEARING OP OBJECTIONS. SeC, 7. At the time fixed in such notice, the Council shall hear all objections which have been filed to such proposed improvement and shall deter- mine whether such improvement shall be made or not and if it is determined that such improvement shall be made, the Council shall by resolution order the improvement to be made, which resolution shall describe generally the extent of the work, the kind or kinds of material to be used, the manner in which pay- went shall be made and shall provide for the publication of a notice asking for proposals for doing such work and shall fix the time when such proposals shall be acted upon. § 284. SHALL ADOPT GRADE. Sec. 8. No permanent improvement shall be made on any street, avenue, alley or pub- lic place or any part thereof until the grade for the same has been prepared by the Engineer and has been established by the Council by ordinance. 285. GRADE MAY BE CHANGED. Sec. 9: That after a grade has been established on a street, avenue, alley or public place or any part thereof and the Council shall deem it necessary to change such grade and adopt a new grade, such action shall be taken in the manner provided by ordinance, before the reso- lution ordering the improvement made shall be adopted. 286. IMPROVEMENT SHALL, CONFORM TO GRADE. SCC. IO. That whenever'a permanent improvement is made on any street, REVISED CITY ORDINANCES •139 alley. avenue or public place or any part thereof, it shall be the duty of the Engineer to see that the improvement when finished, shall conform substantially to the grade as established, and there shall be no material difference between the established grade. and the grade of the improvement when completed. 287. BIDs. Sec. i 1. All bids shall be filed with the Recorder and shall be accompanied, in a separate envelope, by a certified .check payable to the order of the City in a sum to be named in the notice of such proposed improvement, which check shall be an evidence that the bidder will enter into a con- tract for the doing of the work and will give bonds as herein required: When such bids have been considered by the Council, all checks, except that of the successful bidder, shall be returned to the persons filing bids. 288. LETTING or CONTRACT. Sec. 12. That all con- tracts for public improvements on streets, avenues, alleys or public places or parts thereof shall be made in the name of the City, with the lowest bidder. Such bids shall be made by sealed proposals after notice has been given for at least ten (io) days, by two publications in a newspaper published in the city, which notice shall state the extent of the work and the kind or kinds of material to be used, for which bids will be received; when the work shall be completed ; the manner of payment, and the time when the proposals will be acted upon. Upon considera- tion of the bids, the Council shall have the right to reject all bids filed and order new bids. That no contract shall be let for any improvement upon any street, avenue, alley or public place or part thereof where the cost thereof is to be assessed against . abutting or adjacent property unless there is more than one hid submitted to the Council. 289. SHAI,I, MAKE CONNECTIONS. Sec. I2. Before the work of improving any street, avenue, alley or public place or part thereof has been commenced, the Engineer shall give notice to all abutting property owners along the line of said improvement that they shall make connections with gas, water and sewer mains to the curb line of the abutting property; which notice shall be given in the manner provided by Ordinance No. 46. 290. CONTRACTOR'S BOND. SCC. 13. All contractors to whom contracts are let for the improvement of any street, avenue, alley or public place or part thereof, shall give bonds 140 REVISED CITY ORDINANCES running to the City for the faithful performance of such con- tract in the amount fixed by the Council. Such bonds shall be signed by two (2) resident property owners or a reputable sure- ty company, as sureties and such bond shall be approved by the Council. In case of a suit on any such bond, the same may be brought in the District Court of Dubuque County, Iowa. § 291. PROVISIONS OI` CONTRACT. Sec. 14. Every con- tract for the improvement of any street, avenue, alley or public place or part thereof, which shall be entered into, shall contain a provision that the contractors doing such work shall keep said improvement in good repair for not less than four (4) years after the acceptance of such work by the City, and the bonds- men therein shall be bound by said agreement, but the foregoing provision shall not be construed to prevent the City from re= quiring a contractor to execute a bond to keep certain kinds of pavement in repair for a longer term of years than herein specified, if they shall deem it advisable. § 292. SUPERVISION OF WORK. Sec. 15. It shall be the duty of the Engineer, or his assistants or such other person as may be appointed by the Council, to oversee the work done by a contractor on any improvement and such contractor shall be subject to the instructions of the Engineer or such other in- spector in the doing of such work. It shall be the duty of the Engineer' to see that all work is performed strictly in accordance with the plans and specifications prepared by him covering such improvement. If any contractor shall fail or refuse to comply with his contract and the plans and specifications of such work, it shall be the duty of the Engineer to report the matter to the Council. § 293. IMPROVEMENT or CAR TRACKS. SeC. 16. When ever the improvement of any street, alley, avenue or public place is ordered by the Council, the Recorder shall at once serve on the managing officer, of any railway or street railway, which occupies, or is about 'to occupy, such street, avenue, alley or public place or any part thereof with its tracks; a copy of the resolution ordering such improvement. He shall also serve upon said managing officer a notice requiring such railway or street railway company to improve the portion of the street, avenue, alley or public place or part thereof occupied by it for its tracks and said notice shall specify the location and general nature of said improvement, the extent thereof, the kind or kinds REVISED CITY ORDINANCES 141 of materials to be used, and the time when such work shall be commenced and completed. Such notice shall also require such railway or street railway company to elect, in writing, within five (5) days after the service of such notice, whether or not it will do the work of improving the portion of the street, avenue, alley or public place or any part thereof occupied by its tracks. Notice of such election shall be made in writing and filed with the Recorder within the time specified. If such railway or street railway company fails or refuses to elect in writing whether it will do the work or.not within the time specified, it shall have no further right to do such work and the Council shall proceed to improve the portion of street, avenue, alley or public place or part thereof occupied by such railway or street railway com- pany for its track, which work shall be done by contract in the same manner as the remainder of - the street and the cost of making such improvement shall be assessed against the property of said railway or street railway company, in the same manner as assessments are made for the balance of such improvement. • § 294. MAY ELECT TO DO WORK. Sec. 17. If such rail- way or street railway company shall elect in writing to do the work of improving the portion of any street, avenue, alley or public place or part thereof occupied by it for its 'tracks, such improvement shall be made in the manner provided in the plans and specifications provided by the Engineer and shall include. . all that portion of such street included within a space eommenc- 'ing one foot outside of the right rail and extending to the point one foot outside the left rail of such company, and also all such other parts of such street, avenue, alley or public place or part thereof as such company may have agreed to improve or main- tain in consideration of being granted the use of such street, avenue, alley, or public place or part thereof. That when any railway or street railway company shall have done the work of improving any portion of any street, avenue, alley, or public place, it shall thereafter be .required to maintain such portion of such street and to keep the same in repair at all times and shall use for such repairs only such materials as were used in making the original improvement. § 295. FAILURE To Do WORK. Sec. 18. That if any rail- way company or street railway company, which has elected to do the work of improving any portion of any street, avenue, alley or public place or any part thereof, shall, after the work on the balance of such street, avenue, alley or public place or I42 REVISED CITYORDINANCES any part thereof has commenced, fail to do the work on the portion of the street which it has elected to do, in the manner or at the time ordered by the Engineer, such action shall be a cancellation of its election and the City Council shall have the right to proceed to do the work for such railway or street rail- way company in such manner as it may deem best and such railway or street railway company shall be required to pay the cost of doing such work whether the same is done by contract or otherwise. § 296. SHALL INSPECT WORx. Sec. 18. That when the work on any improvement is completed the Council shall make an inspection of the same and if the work has been done in the manner provided by the contract and the plans and specifica- tions, the same shall be accepted by the Council without un- reasonable delay.. That the Council may, if it deems it ad- visable, accept and pay for a part of an improvement, when such part has been fully completed and the same has been in- spected and accepted. That if on inspection of any improve- ment, the Council believes that such work has not been done in the manner provided by the contract and the plans and specifi- cations,. it shall have the right to require the contractor to com- plete the work so that it complies with the contract and the plans and specifications, or it may direct the Street Commis- sioner to complete the same in such manner as it may deem ad- visable and the expense of completing such work shall be de- ducted from the money which shall be due such contractor under his contract. 'That the Council may have the inspection of any work on any improvement, done by the Street Com- mittee of the Council, or such other committee or person as they may designate. That in such case the committee or person making such inspection, shall file with the Council, a written report of its findings and may recommend whether such work shall be accepted or rejected. § 297. ASSESSMENT OE COST. Sec. 19. When the im- provement of any street, avenue, alley or public place or any part thereof has been completed and has been accepted by the Council, the Enginneer shall prepare a plat of such improve-. ment which shall show the separate lots or parcels of ground which are subject to assessment for such improvement and the name of the owner or owners of each lot or parcel of ground and the amount to be assessed against each lot or parcel of ground and' against any railway or street railway company REVISED CITY ORDINANCES 143 which may be subject to assessment for such improvement. Such plat and schedule, when completed, shall be filed in the office of the Recorder and shall be subject to public inspection. Such work shall be completed and such schedule filed within twenty (20) days after said improvement has been accepted by the Council. In figuring the cost of such improvement, the cost of estimates, notices, inspection, preparing the plat, making- the assessment and all other items of expense incurred in preparing or making such improvement, shall be included in the cost of such improvement. § 298. NOTICE To BJ GIVEN. Sec. 20. After such plat and schedule have been filed in the office of the Recorder, the Council shall direct the Recorder to give ten (io) days notice, by three (3) publications in a newspaper published in the City, that such plat and schedule are on file in the office of the Re- corder and fixing a time within which all objections to the assessment or to the proceedings relating to the making of such improvement shall be filed, which time shall be the time fixed for the levying of the assessment. That all objections to im- provements shall be made in writing and filed with the Recorder, and persons filing objections shall have the right to appear in person or by attorney at the time fixed for levying the assess- ment and shall be heard by the Council in support of their ob- jections. 299. L,EvviNo ASSESSMENT. Sec. 21. At the time fixed for levying the assessment, if objections have been filed to the same, the Council 'shall proceefl to consider the same, or if parties appear in person or by attorney in support of their ob- jections, the Council shall hear their objections. When such objections have been considered or heard,' the Council shall de- termine whether any corrections, in the assessments, as set out in the plat or schedule, are necessary to be made and if they determine that corrections should be made, such corrections shall be made before the assessment is levied. When such corrections have been made or when it appears no objections have been filed, the Council shall assess the cost of making such improvement as a special tax against the property affected by such improvement, in proportion to the special benefits con- ferred upon each lot or parcel of ground and not in excess of such benefits. Such assessment shall not exceed twenty-five (25) per cent of the actual value of each lot or parcel of ground at the time of the levy and the assessment roll of the City for T4.4.. REVISED CITY ORDINANCES the preceding year shall be taken as prima facie evidence of the value of the lot or parcel of ground against which assessment is to be made. That the Council may consider the value of such lot or parcel of ground after the improvement has been made and such value shall be the value upon which the assess- ment is to be figured if. the same does not exceed the assessed value of the property. In determining upon what lots or par- cels of ground the special assessment shall be levied, for an im- provement, the Council shall be governed by the provisions of Section 792-a and 792-g of the Code, Supplement 1913. § 300. SAME. Sec. 22. In determining the amount of the assessment to be made for any improvement the entire im- provement shall be considered as a whole and the cost thereof shall be spread over all of the property in the improved district and each intersection of streets or alleys may be considered as part of the cost and may be assessed as part of the same or may be paid for by the City out of its Improvement Fund or General Fund, except such as shall be paid for or assessed to railway or street railway companies. § 301. L vY or AssEssMENT. Sec. 23. When the assess- ments, as set out in the plat and schedule prepared by the En- gineer, have been considered by the Council and corrections have been made, if necessary, and all objections to such asse,,s- ments have been considered and passed upon, Council shall pro- ceed to assess the special assessment for such improvement. Such assessment shall be made in the manner provided in the fore- going sections and when levied shall be payable the same as general city taxes. § 302. PAYMENT OF' ASSESSMENT. Sec. 24. That where bonds or certificates are issued to cover the cost of any im- provement, the owner of any lot or parcel of land or of any railway or street railway who is liable for the payment of any part of such special assessment may, within thirty (30) days after the date of such assessment, agree in writing, either in- dorsed on such bonds or certificates or in a separate agreement, that in consideration of his having the right to pay such special assessment, for which he is obligated, in installments, that he will waive all objections, to any illegality or irregularity in any of the proceedings relating to the making of said improvement or in the assessment of the taxes for the payment of the same and that he will pay the amount assessed against him, with REVISED CITY ORDINANCES 145 interest, from the date of the acceptance of the work by the City Council, with interest at not to exceed six per cent (6% ) per annum. When such agreement has been made in writing, the party against whom the assessment is levied shall have the right to pay said assessment in not less than five (5) nor more than ten (io) equal installments, the first of which shall be- come due and payable, with interest from the date of the ac- ceptance of the work by the City Council, at a time fixed in the current or succeeding year as provided by the resolution levy- ing such assessment and all other installments shall be due and payable, with interest, on the whole amount unpaid, at inter- vals of one year thereafter and said assessment shall be due and payable within ten (io) years or less, as provided in the reso- lution levying such assessment. In all cases where no written agreement has been entered into by the person liable for the payment of any special assessment, then the whole of such special assessment shall mature at one time and shall be due and payable with interest from the date of the acceptance of the work by the City Council at the rate of six per cent (6% ) per annum. § 303. SAME. Sec. 25. That in cases where it appears to the Council at the time of levying a special assessment that the property subject to such assessment for such improvement is not of a sufficient value that twenty-five (25) per cent of the value of the entire property to be assessed will pay for said improve- ment then the amount over and above twenty-five (25%) per cent of the assessed value of such property shall be paid out of the City Improvement Fund or `General Fund, as provided by Section 977 and Section 1005, sub -division 2 of the Code of 1897. § 304. RIGHT Or APPEAL. Sec. 26. That any person who has filed written objections to the levy of an assessment may, when such objection is overruled or not acted upon by the Council, appeal from the action of the Council to the District Court of Dubuque County within ten (io) days from the date when such levy is made by the Council as herein provided. That the filing of objections with the Council, which are not acted upon by the Council, shall not operate as an extension of the time within which an appeal shall he taken and whether such objections are acted upon or not such appeal must be taken within ten (io) days after the date of the levy of such assess- ment. I0 146 REVISED CITY ORDINANCES § 305. SAME. Sec. 27. When for any reason any special assessment or tax levied by the Council is invalid or is declared to be illegal, /the Council shall have authority to correct the same by resolution or ordinance and may re -assess and re -levy the same, and in case of any deficiency may add a sufficient_ amount to make up the deficiency. That any and all such actions, when taken, shall be of the same force and effect as if done at the time and in the manner of levying the original assessment. That when any assessment has been declared illegal or void on account of any jurisdictional defect and the City adjudged liable to pay the same, the City may, as to such property, cause a schedule to be prepared showing the proposed re -assessment which shall be made in proportion to and not in excess of the benefits. The Council shall then proceed to make an assessment in the manner provided by this ordinance for making an original assessment. § 306. STREET RAILWAY ASSESSMENTS. Sec. 28. That all special assessments levied against any railway or street rail- way company, in addition to being a lien upon the property of such company, shall be a debt due the City and the same may be collected in the District Court by an action at law in the name of the City against such company or the lien thereof may be enforced against the property of the company by an action in equity as provided in Sections 34o and 823 of the Code of 1897. § 307. DELINQUENT ASSESSMENTS. Sec. 29. All special assessments shall become delinquent thirty (3o) days after such special assessment has been levied and the whole amount thereof shall be due and payable, with interest at the rate of ten (io) per. cent as a penalty, except where property owners have agreed in writing to pay such special assessments in installments as hereinbefore provided. ' That where persons have agreed to pay a special assessment in installments, any installments which is not paid within thirty (3o) days after it becomes due and payable, shall draw interest at' the rate of ten (io) per cent as a penalty upon the whole amount remaining unpaid, and the real estate subject to such special assessment may be held for the payment thereof. §308. LIEN' OR DELINQUENT ASSESSMENT. See. 3o. That all special assessments levied by the Council shall be a lien upon the property against which they are levied, and 'when such special assessment becomes delinquent said property may REVISED CITY ORDINANCES 147 be held to pay said assessment, in the same manner and with the same force and effect as property is held for other delin- quent city taxes, and all ordinances relating to the sale of pro- perty for delinquent taxes shall apply to sales for special assess- ments. That the lien of such special assesment shall be prior to all other liens except general taxes, and such lien shall not be divested by any judicial or tax sale. Where more than one special assessment is levied against any property, such special assessments shall take priority in the order of their levy. § 309. SALES VOR SPECIAL ASSESSMENTS. Sec. 31. That sales for the purpose of selling property for the payment of special assessments shall be held on :the first Monday of Decem- ber of each year, and such sale may be adjourned from time to time until all property is sold. At such tax sales, where bonds have been issued in anticipation of such special assessment, the City may be a purchaser and shall be entitled to all the rights of any other purchaser at such tax sale. The City Attorney shall act in behalf of the City at such sales, and if he deems it best, he may purchase any property offered for sale, in the name of the City when no other person offers to pay the amount of the special assessment against such property. Whenever the City buys any property at such a tax sale, a certificate of purchase shall be issued in the name of the City by the Treasurer, and the Treasurer shall indicate upon his books the fact of such sale, and the amount for which the property was sold, and the City thereafter shall be entitled to receive the tax deed in the same manner as any other purchaser of property at a tax sale. When the City buys any property at such a tax sale, the Treasurer shall pay from the General Fund of the City the amount paid for such property, and shall keep a record on his books showing that such money has been paid and the fund from which the same was drawn and to which the same was credited. § 310. SAME. Sec. 32. That any person purchasing property when the same is sold to pay delinquent special assess- ments, shall take the property charged with the lien. of all unpaid installments and interest, if such property has been sold for the payment of one delinquent assessment and not for the entire amount of the tax. § 311. USE or ASSESSMENTS. Sec. 33. That the money . paid on any special' assessnient, levied against property for any 148 REVISED CITY ORDINANCES public improvement, shall be used for the purpose of paying for such improvement and the cost incident thereto, and no part of such money shall be used or appropriated for any other purpose than such payment. § 312. MAY COLLECT BY PERSONAL ACTION. SCC. 34. That in addition to the right of selling property against which a special assessment is levied, for the payment of the same when delinquent, the City shall have the right to commence and maintain a personal action for debt against the owner of the property in thc District Court or may enforce the lien of such special assessment by an action in equity in the. manner pro- vided by Section 984 and Section 985 of the Code of 1897. § 313. RECORD OE SPECIAL ASSESSMENT.. Sec. 35. It shall be the duty of the Recorder to make and preserve a com- plete record of each improvement and for that purpose shall keep a book known as the "Recorder's Special Assessment Record," in which book he shall enter the name of the improve- ment, its location and extent, and all resolutions, notices, ordi- nances, or orders which are passed by the Council relating to such improvement, and when the same are .published shall in- clude the proof of service of the publisher.. That he shall enter therein all petitions filed in favor of or objections or remon- strances filed in opposition to such improvement, and shall show the date of filing of each of such instruments. That he shall also enter all notices relative to the levying of the special assess- ment and all other proceedings relating thereto, together with all other papers, documents, vote records, and every other proceedings which occured in connection with such improve- ment. Such record shall be preserved together with the con- tract, bond, plans and specifications, until the work has been fully and finally completed and assessment levied. After the assessment has been levied, and all proceedings relating to such improvement have been completed, all records pertaining to such improvement shall be placed in an envelope and marked to indicate the name of the improvement and shall be filed as part of the records in the office of the Recorder. § 314. DunEs ov RECORDER. Sec. 36. The Recorder shall, after the passage of the resolution levying a special assess- ment, make out a certified copy of such resolution which shall be delivered to the Auditor who shall receipt for the same. The Auditor, upon receipt of such certified copy, shall enter in REVISED CITY ORDINANCES 149 the Special Bonded Assessment I3ook of the Treasurer the special assessment levied by the Council and shall charge the Treasurer with the amount thereof. § 315: DUTIES OE THE TREASURER. Sec. 37. As soon as such special assessment has been entered upon the books of the Treasurer, the Treasurer shall give notice by one publica- tion in the official newspaper of the City, or by mailing a written notice to each owner or owners of property against which such special assessment is levied, stating that such special assessment has been levied and giving the amount thereof and advising such person of the date when such assessment shall become delinquent, unless an agreement in writing is made, agreeing to pay such assessment in installments, which, agree- ment shall be made and the first installment paid before such special assessment becomes delinquent. § 316. PARTIAL PAYMENTS MAY BE MADE. Sec. 38. If any lot or parcel of ground which is subject to any special assessment shall be divided so that the part abutting upon such improvement or effected thereby shall thereafter be included in two or more lots or parcels of ground, the owner may dis- charge the lien upon any of such lots by paying a sum pro- portionate to the whole amount of the tax, as the area of the lot upon which payment is to be made bears to the area of the original tract of land. IMPRovEmENT BONDS AND CERTIVICATES. § 317. CITY MAY ISSUE BONDS. See. 39. Vor the pur- pose of paying for the improvement of any street, avenue, alley, or public place for w:hich a special assessment has been or is to be levied against the property affected thereby, in- cluding railways. and street railways, liable for the payment thereof, the Council may, from time to time as the work pro- gresses, or when it is completed, by a resolution provide for the issuance of improvement bonds or certificates in anticipation of the payment of the taxes which have been or are to be levied to pay for such improvement, and not to exceed the estimated cost and expense of making such improvement. Such reso- lution shall state the amount of the improvement bonds or cer- tificates to be issued and shall designate the denominations in which the same shall be issued; and shall contain a notice to the 15o Mayor for him to issue such improvement bonds or improve- ment certificates. Upon the adoption of such resolution, it shall be the duty of the Mayor to issue improvement bonds or certifi- cates according to the terms of such resolution, which bonds shall bear the name of the street, avenue, alley, or public place which has been or is being improved, and such improvement bonds or certificates shall be signed by the Mayor and attested by' the Recorder, and shall bear the date and be payable at the time fixed in said resolution, and they shall be redeemable at any time at the option of the City, and shall.bear interest at not more than six (6) per cent, payable semi-annually. Such im- provement bonds shall be substantially in the form set out in Section 987 .of the Cocle of 1897, excepting that the lien of such improvement bonds shall be upon all the property subject to the assessment and not only upon abutting property. § 318. SAME. Sec. 4o. That in issuing improvement bonds or certificates, the Council, Mayor, Treasurer, and Re- corder shall comply strictly with the provisions of this ordi- nance and the laws relating thereto, and shall levy the assess- - ment upon the property- liable therefor, t6 cover the cost and expense of making such improvement, and shall collect such special assessment, and shall apply the proceeds to the redemp- tion of such improvement bonds and certificates and to no other purpose. All improvement bonds and certificates shall be pay- able only out of the money derived from the special assessment levied to pay the same, and the City shall not be required to appropriate money from any other fund for the purpose of paying any such improvement bond or any part thereof. That the Council shall have no authority to order any improvement bond or improvement certificate issued unless a certificate has been filed by the Engineer showing that the work on the im- provement has been done and material furnished to the, amount for which bonds are to be issued, and when such improvement bonds or certificates have been issued, no money received from the sale of the same shall be paid . out until ordered by the Council by resolution. § 319• SAME. Sec. 41. That all improvement certi- ficates issued for the Purpose of paying for the improvement of any street, avenue, alley, or public place 'shall be in the form provided for in Section 841 of the Code of 1897. § 32o. RECORD Or` BONDS. Sec. 42. When improve- ment bonds have been issued, they shall be delivered to the REVISED CITY ORDINANCES REVISED CITY ORDINANCES 151 Recorder who shall register them in a book kept for that pur- pose, and when the same have been registered, they shall be delivered to the Treasurer. The Treasurer shall report to the Auditor the number of the bonds delivered to him and the amount thereof, and when the same have been disposed of shall report the amount of money received therefor or the amount of credit which has been given by the contractor when the same are accepted in payment of work done on the improvement. § 321. SAIL or BONDS. Sec. 43. Improvement bonds or certificates may he sold at public or private sale, but shall not be sold for less than their par value, with accrued interest from the date of issue to the time of sale thereof. All money realized from the sale of bonds or certificates shall be paid to the Treasurer and shall be used only to pay for the cost of the im- provement for which said bonds were issued. All money received by the Treasurer from the sale of improvement bonds or certificates shall be kept in the same manner and subject to all regulations relating to other funds of the City excepting an account shall be kept of each special assessment levied and all money received and paid in behalf thereof shall be credited and charged to that particular fund. § 322. BONDS, How PAID. Sec. 44. All improvement bonds and the interest thereon shall be payable out of the funds derived from the special assessment and interest thereon pledged to the payment of the same, and bonds shall not be issued in excess of the special assessment levied, and such improvement bonds shall not make the City liable in any way except for proper application of such special assessments. § 323. SAME. Sec. 45. If interest shall become due on any improvement bond or certificate when there is no money available with which to pay the same, the Council may make a loan to pay the same; which loan shall he paid from the special assessment and interest thereon, which is pledged to secure said improvement bond or certificate, but in case of the pur- chase by the City at a tax sale of any property on which such special assessment is levied, then such amount shall be paid from the City Improvement Fund. § 324. SAME. Sec. 46. That if improvement bonds or certificates shall mature and become due before the amount of special assessment levied to pay the same is sufficient to pay off said improvement bonds or certificates with interest, that the 152 City may issue refunding bonds to pay off and take up such bonds, which refunding bonds shall conform to the provisions of Title V, Chapter IX, of the Code of 1897, as provided for by Section 848 of the Code of 1897, and such bonds shall be paid in the manner provided by Section 849 of the Code of 1897. § 325. ACTION ON BONDS. Sec. 41. No action shall be brought questioning the legality of any improvement bond or certificate after three (3) months from date on which the resolution was adopted by the Council, ordering the issuance of such improvement bonds or certificates. Note : Charter Sec. 7, Par. 13. Code, Sec. 751. Power of City to make improvements. Code, 1913; Sec. 792. Question of whether improvement is necessary is to be determined by the Council. Coates vs. Dubuque, 18 Iowa, 550. City has power to improve only when street is constructed on established grade. Hubbell vs. Bennet, 130 Iowa, 106. How improvement shall be ordered. Code, Sec. 793. Nixon vs. Burlington, 141 Iowa, 316. Contracts must be strictly complied with. Allen vs. Davenport, 107 Iowa, 9o. Cost of improvement, how paid. Code, Sec. 818. Assessment of cost. Code, Sec. 820, Notice of assessment must be given. Code 1913, Sec. 823. Objections not made to Council are waived. Code, Sec. 824. M. & St. L. Ry. vs. Lindginst. 119 Iowa, 144. Owens vs. Marion. 127 Iowa, 469. Camp vs. Davenport. 151 Iowa, 33. Hanson vs. Missouri Valley. 178 Iowa, 859. Appeal, Code, Scc. 839. Objections to assessment not made to Council cannot be brought before District Court. Hedge vs. Des Moines. 141 Iowa, 4. Bailey vs. Des •Moines. 158 Iowa, 747. Resolution. Code, Sec. 811. REVISED CITY ORDINANCES REVIS.ED CITY ORDINANCES 153 Notice of Resolution. Gallagher vs. Garland. 126 Iowa, 206. Gilchrist vs. Des Moines. 157 Iowa. Durst vs. Des Moines. 150 Iowa, 37o. Engineer shall make estimate. Code, Sec. 822. Owners shall make connections with gas, sewer and water. Code, Sec. 809. 38 G. A. Chapter 92. Bids. Code, Sec. 813. May relate to one or more kinds of material. Miller vs. Oelwein. 155 Iowa, 706. Contract. Code, Sec. 812. Allen vs. Davenport. 132 Federal, 209. Contractor shall give bond. Code, Sec. 815. Contract shall contain provision that contractor will keep in repair for not less than four years. 38 G. A. Chapter 234. Assessment against street railway. Code, Sec. 834. Valuation of property for street assessment. Durst vs. Des Moines. 150 Iowa, 370. Ordinance No. 45. An Ordinance Providing for the Construction and Recon- struction of Sewers and the Manner of Levying Special Assessments to Pay for the Same. Be it Ordained by the City Council of the City of Dubuque : § 326. IMPROVEMENT, How ComtviENcEn. Section I. That whenever a petition is filed with the Council purporting to be signed by the owners of a majority of the lineal front feet of the property abutting or lying along a proposed sewer and a majority of the owners of the adjacent property to be benefited thereby and liable for assessment therefor, asking for the con- struction or reconstruction of a sewer, the same shall be re- ferred to the Engineer, who shall examine the same for the purpose of determining whether the same is signed by the majority of the owners of such property. When such examina- tion has been made, he shall file a report with the Council and if he reports that such petition has been so signed, the Council may, by a vote of thc majority, order such sewer constructed. • 154 REVISED CITY ORDINANCES § 327. BY ACTION or COUNCIL.. See. 2. In cases where no petition has been filed, the Council may, upon its own motion, when it deems it necessary and advisable that a sewer be con- structed or reconstructed, by a three-fourths vote, order such sewer constructed or reconstructed. In such a case, a yea and nay vote shall be taken and such vote shall be made a part of .the record by the Recorder, and shall be kept as part of the record of such improvement. § 328. SHALL DECLARE INTEN1`ION. See. 3. When- ever the Council shall order the construction or reconstruction of a sewer as above provided, it shall by resolution declare such intention, which resolution shall state generally the location and nature of the sewer to be constructed or reconstructed and the extent thereof ; the kind or kinds of material to be used and whether the property subject to assessment shall be as- sessed therefor. Such resolution shall be adopted by the Council by a majority vote of all the members of the Council by a yea and nay vote, which the Recorder shall make a matter of record and which vote shall he a part of the records' relating to such improvement. § 329. DUTIES OF' THE ENGINEER. Sec. 4: When such a resolution has been adopted, and before the Council orders .such sewer to be constructed or reconstructed, it shall direct the Engineer, by resolution, to prepare a plat showing the location and extent thereof and direct him to make an estimate of the cost thereof, showing the amount assessable upon each lot or parcel .of land abutting upon or adjacent to such sewer, per front feet or square feet in area, which plat and estimate shall be filed in the office of the Recorder. § 33o. Du 'IEs or RECORIiER. Sec. 5. Such resolution shall also provide that after such plat and estimate have been. filed with the Recorder, that he shall publish a notice, for three consecutive issues, in a newspaper published in the City, stating that such plat and estimate are on file, the location and extent of such proposed sewer, the kind or kinds of material to be , used and the estimate of its cost, also the time within which objections to such improvement shall be filed and the time fixed for the hearing of such objections, which time shall be not less than five days after the last publication of such notice. At the next regular session of the Council after such notice has been given, the Recorder shall notify the Council thereof in writing and shall file therewith a copy of such notice. REVISED CITY ORDINANCES 155 § 331, HEARING or OBJTCTIONS. Sec. 6. At the time fixed in such notice, the Council shall hear all objections which have been filed to such proposed sewer and shall determine whether such sewer shall be constructed or reconstructed and if it is determined that sewer shall be constructed or reconstruct- ed, the council shall, by resolution; order the work to be done, which resolution shall describe generally the extent of the work, the kind or kinds of material to be used, the manner in which payment shall be made and providing for publication of a notice, asking for proposals for doing such work and shall fix a time when such proposals shall he acted upon. After such notice has been given, and at the time provided in said notice, any property owner having an interest in any property to be affected by such proposed sewer shall have the right to file objections to the same, in writing or may appear at the time fixed and make such objections orally. § 332. WORK SHALL BE DONE BY CONTRACT. Sec. 7. The construction or reconstruction of all sewers shall be done by contract and such contract shall be let in the name of the City to the lowest bidder upon sealed proposals. The Recorder shall publish a notice calling for proposals for at least ten days, by two publications in a newspaper published in the City, which notice shall state; the extent of the work and the kind or kinds of materials to be used, for which bids will be received; when the work shall be completed ; the manner of payment and the time when the proposals will be acted upon. All bids shall be filed with the Recorder and shall be accompanied in a separate envelope by a certified check payable to the order of the City, in a sum to be narned in the notice of such proposed improve- ment, which check shall be an evidence that the bidder will enter into a contract for the doing of the work and will give bonds as herein required. When such bids have been con- sidered by the Council, all checks except that of the successful bidder, shall be returned to the persons filing bids. That no contract shall be let for the construction or reconstruction of a sewer, where the cost thereof is to be assessed against abutting or adjacent property owners, unless there is more than one bid submitted to the Council. Upon consideration of the bids, the Council shall have the right to reject all bids filed and order new bids. § 333• CONTRACTOR'S BOND. Sec. 8. All contractors to whom contracts are let for the construction or reconstruction 156 REVISED CITY ORDINANCES of a sewer shall give bonds running to the City for the faithful performance of such contract in the amount fixed by the Coun- cil. Such bonds shall be signed by two resident property owners or a reputable surety company as sureties and such bonds shall be approved by the Council. In case of a suit on any such bond, the same may be brought in the District Court of Dubuque County, Iowa. § 334. SUPERVISION Or WORK. Sec. 9. It shall be the duty of the Engineer, or his assistants or such other person as may be appointed by the Council, to oversee the work done by the contractor in the construction or reconstruction of a sewer and such contractor shall be subject to the instructions of the Engineer or such other inspector in the doing of such work. It shall be the duty of the Engineer to see than all such work is performed strictly in accordance with the plans and specifi- cations prepared by him covering such improvement. If any contractor shall fail or refuse to comply with his contract and the plans and specifications of such work, it shall be the duty of the Engineer to report the matter to the Council. § 335. SHALL INsPEcT WORK. Sec. to. That when the work on any sewer is completed the Council shall make an in- spection of the same and if the work has been done in the manner provided by the contract and the plans and specifica- tions, the same shall be accepted by the Council without un- reasonable delay. That the Council may, if it deems it advis- able, accept and pay for a part of a sewer, when such part has been fully completed and the same has been inspected and ac- cepted. That if on inspection of any improvement, the Council believes that such work has not been clone in the manner pro- vided by the contract and the plans and specifications, it shall have the right to require the contractor to complete the work so that it complies with the contract and the 'plans and specifi- cations, or it may direct the Engineer to complete the same in such manner as it may deem advisable and the expense of com- pleting such work shall be deducted from the money which shall be clue such contractor under his contract. That the Council may have the inspection of any work on any improve- ment, done by the Sewer Committee of the Council, or such other committee or person as they may designate. That in such case the committee or person making such inspection, shall file with the Council, a written report of its findings and may recommend whether such work shall be accepted or rejected. REVISED CITY ORDINANCES 157 § 336. ASSESSMENT or COSTS. Sec. II. When the work of constructing or reconstructing a sewer has been completed and has been accepted by the Council, the Engineer shall pre- pare a plat of such improvement which shall show the separate lots or parcels of ground which are subject to assessment for such sewer and the name of the owner or owners of each lot or parcel of ground and the amount to be assessed against each lot or parcel of ground which may be subject to assessment for such improvement. Such plat and schedule, when completed, shall be filed in the office of the Recorder and shall he subject to public inspection. Such plat shall be completed and such schedule filed within twenty days after such improvement has been accepted by the Council. In figuring the cost of such sewer, the cost of estimates, notices, inspection, preparing the plat, making the assesinent and all other items of expense in- curred in preparing or making such improvement shall be in- cluded in the cost of such sewer. After such plat and schedule have been filed in the office of the Recorder, the Council shall direct the Recorder to give ten days notice, by three publica- tions in a newspaper published in the City, that such plat and schedule are on file in the office of the Recorder and fixing a time within which all objections to the assessment or to the pro- ceedings relating to the making of such improvement shall be filed, which time shall be the time fixed for the levying of the assessment. That all objections to such improvement shall be made in writing and filed with the Recorder, and persons filing objections shall have the right to appear in person or by attorney at the time fixed for the levying the assessment and shall be heard by the Council in support of their objections. § 337. LEVYING ASSESSMENT. Sec. 12. At the time fixed for levying the assessment, if objections have been filed to the same, the Council shall proceed to consider the same or if parties appear in person or by attorney in support of such objections, the Council shall hear their objections. When such objections have been considered 917 heard, the Council shall de- termine whether any corrections, in the assessment as set out in the plat or schedule, are to be made, and if they determine that corrections are necessary, they shall be made before the assessment is levied. When such corrections have been made or when it appears that no objections have been filed, the Council shall assess the cost of constructing or recon- structing such sewer as a special tax against the property af- 158 , REWIS.ED CITY ORDINANCES fectcd by such improvement, which assessment, as against property abutting on such sewer, shall be in proportion to the number of linear front feet of each lot or parcel of land, and as to adjacent property, shall be in proportion to the benefits con- ferred thereon, but no assessment shall exceed more than S3.00 per foot for each linear front foot of property abutting upon such sewer. In estimating the benefits to adjacent prop- erty, each lot or parcel of land shall he considered as wholly unimproved and any improvements upon said land shall not be considered in Making such assessment. In determining upon what lots or parcels of ground the special assessment shall be levied for the construction or reconstruction r of a sewer, the Council shall be governed by the provisions of Title V, Chapter 7, of the Code of Iowa, as amended. § 338. SAME. Sec. 13. That in levying special assess- ments for the construction or reconstruction of a sewer the cost thereof shall in no case exceed 25% of theactual value of each lot or parcel of ground at the time of the levy and the assess- mentroll of the City for the preceding year shall be taken as prima facie evidence of the value of the Fot or parcel of ground' against which such assessment is to be made. § 339. SAM. Sec. 14. That in cases where it appears to the Council at the time of levying a special assessment for the construction or reconstruction of a sewer that the property - subject to such assessment is not of a sufficient value that 25% of the value of the entire property to be assessed will pay for such sewer, then the amount over and above 25% of the_ as- sessed value of such property shall be paid out of the General Fund of the City: " § 340. RIGHT OP APPEAL. Sec. 15. That any person who has filled written objections to the levy of an assessment for the construction or reconstruction of a sewer, may when such objection is overruled or not acted upon by the Council, appeal from the action of the Council to the District Court of Dubuque County within 10 days from the date when such levy is made by the Council, as herein provided. That the filing of objections with the Council which are not acted upon by the Council shall not operate as an extension of the time within which an appeal shall he taken and whether such.objections are acted upon or not such appeal must be taken with in Ito days after the date of the levy of such assessment. REVISED CITY ORDINANCES 159 § 341. RP,CORD o ASSESSMENT. Sec. 16. When an assessment has been made for the construction or reconstruction of a sewer, it shall be filed and recorded in the manner provided by Ordinance No. 44 relating to street assessments and all provisions of such ordinance relating to the payment of assess- ments, the rate of interest, the payment in installments and the signing of waivers, and when such assessment becomes de- linquent, shall he applicable to the construction or recon- struction of sewers. § 342. SAME. Sec. 17. The Recorder shall keep a record in the "Recorder's Special Assessment Record" of the pro- ceedings relative to the construction or reconstruction of a sewer in the manner provided in Ordinance No. 44, relating to the improvement of streets. § 343. BONDS AND CERTIPICATES. Sec. 18. That all of the provisions of Ordinance No. 44, relating to the issuance of improvement bonds and certificates to pay for street improve- ments, shall be applicable to the construction or reconstruction of sewers, except that wherever the street improvement fund is referred to, the same shall be considered to mean the sewer fund in cases applying to the construction or reconstruction of sewers. § 344. CoRREcTioN or AsSEsSmENT. Sec. 19. That all the provisions of Ordinance No. 44, relating to the making of a re -levy of assessments in the case of street improvements, shall be applicable to the construction or reconstruction of sewers arid the Method of proceedure, as set out in such ordinance, shall be followed. § 345. CoLLEcTioN ov SEAM ASSSSMENTS. See. 20. That all of the provisions of Ordinance No. 44, relating to the collection of assessments for street improvements shall be ap- plicable to the collection of special assessments for the con- struction or reconstruction of sewers. § 346. TAX SALS. Sec. 21. That all of the provisions of Ordinance No. 44 relating to the sale of property to pay de- linquent special assessments for the s'dreet improvements shall be applicable to sales of property to pay delinquent taxes for the construction or reconstruction of sewers. § 347. SPINIP,R Conn/1mm Sec. 22. That wherever the words "Street Committee" are used in Ordinance No. 44,, that 16o REVISED CITY ORDINANCES the same shall be construed to mean the Sewer Committee of the City Council, in cases relating to the construction or re- construction of sewers. § 348. SEWER DISTRICT. Sec. 23. That the sewer dis- trict of the City shall comprise the entire territory included within the City Limits. Note : Charter Sec. 7, Par. 14. Code, Sec. 794. Grinmell vs. Des Moines. 57 Iowa, 144. Gotch vs. Des Moines. 63 Iowa, 718. Bell vs. Burlington. 154 Iowa, 607. Method of procedure in constructing sewers. Code, Sec. 965. Cost of sewers. Code, Sec. 819 and 820. Sewer Fund. Code, Sec. 978. Code, 1913, Sec. 84ob. C. M. & St. P. vs. Phillips. 11 Iowa, 377. Payment of special assessments. Code, Sec. 979. Sewer Bonds and Certificates. Code, Sec. 841 to 849. Cost of repairs. Code, Sec. 832. Ordinance No. 46. An Ordinance Providing for the Making of Connections with Gas, Water and Sewer Mains by Property owners along Streets, Avenues and Alleys Whereon Permanent Im- provements are about to be made and Providing for the Making of Such Connections by the City and Assessing the Cost thereof to the Property Owners. Be it Ordained by the City Council of the City of Dubuque : § 349. PROPERTY OWNERS SHALL MAK CONNECTIONS. Section i. That whenever any street, alley or avenue is about to be permanently improved by paving the same, it shall be the ditty of all persons, firm or corporation, owning property along the line of said proposed improvement, upon proper notice be- ing given as hereinafter provided, to connect with the water, sewer and gas mains which are located in said street, alley or avenue, said connection to be made from such main to the curb line of said adjacent property. REVISED CITY ORDINANCES § 350. NOTICE To BE GIVEN. Sec. 2. That as soon as a contract has been let for the improvement of any street, alley or avenue, it shall be the duty of the Engineer to serve a written notice upon all persons, firms or corporations, owning property along the line- of said proposed improvement, which notice shall order said property owners to immediately make connections to the curb line, with the gas, water and sewer mains located in said street, and it shall then be the duty of such person, firm or corporation to immediately make such connection. § 351. WHEN CONNECTIONS ARE TO BE COMPLETED. Sec. 3. Every person, firm or corporation, upon whom such notice is served shall make such connections at once and the same shall be fully completed within ten days from the receipt of such notice. § 352. CITY MAY MAKE CONNECTION. Sec. 4. When the notice to connect with gas, water and sewer mains has been given to the parties owning property along the line of said pro- posed improvement as herein provided for, and such property owner refuses or fails to make such connection, then the City shall proceed to have said connections made and the cost of making such connections shall be assessed to the respective property owners and shall be collected by sale of such property in the same manner as provided by ordinance for the levy 'and collection of special assessments. Note : Code, Sec. 8o9. Ordinance No. 47. An Ordinance Relating to Building of Permanent and Tempor- ary Sidewalks, and Providing for the Repair of the same. Be it Ordained by the City Council of the City of Dubuque : § 353• SHALL BE BUILT TO GRADE. Section 1. That permanent sidewalks hereafter built or laid on any street, shall not be laid until the body of the same shall have been graded, so that when complete such sidewalk shall be at the established grade, and all sidewalks, unless otherwise ordered, shall be permanent sidewalks and shall be constructed of cement or ar- tifical stone, as provided in the plans and specifications for permanent sidewalks prepared by the Engineer and approved by the Council. II 162 REVISED. CITY ORDINANCES § 354. DUTY OF' ENGINEER. SeC. 2. It shall be the duty . of the Engineer, upon the taking effect of this ordinance, to submit plans and specifications for permanent and temporary sidewalks to the Council, and the Council, upon making sueh changes as they deem advisable, shall approve the same and such plans and specifications so approved shall constitute the,. plans and specifications for permanent and temporary side-. walks and shall continue in force until changed by the Council. § 355. OWNER MAY CONSTRUCT. Sec. 3. Any property owner may build a permanent sidewalk in front of or along his .property at any time at his own expense, by securing a permit as hereafter provided, but such sidewalks shall conform strictly to this ordinance and the plans and specifications then in force, and no permanent sidewalk shall be built by any person without securing the permit therefor, and whoever shall build or undertake to build, or have any person build for him any permanent sidewalk, without having first secured a permit therefor, shall be guilty of a misdemeanor, but no permit shall extend for more than fifteen (15) days. § 356. COUNCIL; MAY ORDER. Sec. 4. The Council may by resolution order a permanent sidewalk constructed in front of any piece of property abutting upon any street, giving the name of the owner, if known, describing the place where the same is to be built, and stating the kind of material to be used, and When the sidewalk is to be completed. And it shall be the duty of the Sidewalk Inspector or the Chief of Police, or some other police officer by him designated, to serve a notice of the passage of such resolution, which notice shall contain a copy thereof, on the owner of each of the lots, or parts of lots, fronting or' abutting upon the said contemplated improvement; when the .owner can be found in the city, or 'upon his agent or attorney for the property, -if he has any in the city, which -notice shall be personally served. When the person attempting such service has made sworn return to the Recorder that no one is found upon, whom such service can be made, then the Recorder shall immediately publish. such notice twice in the official newspaper in•the city. Publication of such noticeherein provided for shall be held sufficient notice as to such absentee or non-resident ; the personal service or last publication to be at least 15 clear days before the date upon which the City may begin the con- struction of such walk. And the officer serving such notice shall make due return of the service, or in case of publication REVISED CITY ORDINANCES 163 in the newspaper, proper return thereof shall be made as inthe case of publication of legal notices, and the notice and return shall be filed with the Recorder and by him preserved among the records of the City. § 357. OWNER MAY CONSTRUCT AFTER NOTICE. Sec. 5. That during the time provided in the notice in the preceding section referred to, the property holder may procure a permit and build or have such sidewalk built, but if he does not do so _within said time then it shall be built by the City and the cost thereof assessed against his property as hereinafter provided. § 358. CONTRACT F'OR CONSTRUCTION. Sec. 6. If the owner or holder of any lot, or part of lot, shall neglect to lay his sidewalk in conformity with the order hereinbefore pro- vided for, the Council shall contract for the same to be done at the expense of the City and shall let such contract to the lowest bidder after advertising for bids, said advertisement to consist of two publications in the official paper of the City, the last publication to be five (5Y clear days before the letting of the contract. When such sidewalk is built the Engineer shall make his report of the expense thereof to :the Council, and if the same be approved by said Council 'they shall forthwith levy a special tax on each lot, or part of lot abutting on such :improvement, sufficient to pay .the costs of the improvement made in front thereof, which assessment shall conform to the provisions of Section 792a of the Supplement of 1907 of the .Code of Iowa. Said assessment shall be a lien on the lots or parts of lots and shall be levied and collected the same as .other special assessments.. § 359. CONTRACTORS SHALL GIVE BOND. Sec. 7. Any person or firm desiring to engage in the construction of per- manent sidewalks for private business, or for the City of Du- buque, shall execute a surety company bond in the sum of $1,000, to be approved by the City Attorney, conditioned that he will hold the City harmless from damage because of the neg- ligence of himself or his employes while constructing said walk and that he will keep the walk in good and perfect repair for the :time stated in the plans and specifications and shall be liable on, said bond to the City and property holder for any damage, loss and expense caused by reason of his failure to build such walk according to specifications, and for any breach of the bond. 164 REVISED CITY ORDINANCES One of the conditions of the bond shall be that the En- gineer's decision that the walk needs repair shall be final. No • bond shall be good for a longer period than one year. § 360. INSPECTION or SIDEWALKS. Sec. 8. All perman- ent sidewalks built shall be subject at all times to inspection and control by the City and shall be approved by the Engineer and Street Commissioner before the person or firm doing the work shall be entitled to demand or receive pay from the property owner for building the same, and the Engineer and Street Commissioner must report to the Council on every permanent sidewalk built by private contractor, or by the City contractor. The contractor building a walk under private contract shall re- port its completion to the Street Commissioner. The Council may order any sidewalk which is not in ac- cordance with the plans and specifications taken up and replaced and the person or firm building the sane shall be liable on their bond for failure so to do within the time specified. The Council or the Mayor may revoke any permit without notice. § 361. SIDEWALK CERTII'ICATES AND ASSESSMENTS. Sec. 9. Permanent sidewalk certificates may be issued in the same manner and to the same effect as street improvement and sewer certificates provided for in Chapter 8 of Title V of the Code and the owner of any lot or parcel of land against which an assessment for permanent sidewalks is made, may at the time of making said special assessment take advantage of the provisions of Sections 791b to 791h inclusive of the Supplement of 1907 to the Code of Iowa, which assessments shall bear interest at the rate of 6 per cent. per annum. § 362. OBJECTIONS To Cosi. Sec. 1o. All objections to the assessment of cost of construction of permanent side- walks, against the lots or parcels of land in front of which the same are constructed and all objections to the prior proceedings, on account of errors, irregularities or inequalities must be made in writing and filed with the Recorder prior to the date fixed for said assessment; and all objections not so made shall be deemed waived except where fraud is shown. § 363. TEMPORARY SIDEWALKS. Sec. II. .The Council may by resolution or order direct the building of a temporary sidewalk along or in front of any lot, part of lot or parcel of land in front of which a permanent sidewalk cannot be con - REVISED CITY ORDINANCES 165 • structed, and describe the place and the time in which the same may be done, which shall not be less than ten days from the date of such order or resolution. Such sidewalks so ordered shall not be less than 4 feet in width, unless otherwise ordered by the Council and shall be constructed in the manner provided for in the specifications hereinbefore referred to. § 364. NoTIcE. Sec. r2. Notice of said resolution or order shall be given the owner or his agent or attorney for the property in the manner specified in Section 4 of this ordinance. § 365. LIMIT ox Cosi. Sec. 13. The cost of building such temporary sidewalks shall not exceed 6o cents the lineal foot and shall in all cases be in proportion to the special benefits conferred on the property thereby, and not in excess thereof. § 365a. CITY MAY CONSTRUCT. Sec. 14. • If the holder or owner of any lot, parcel of ground or land shall neglect or refuse to comply with such order within the time therein stated the City may at once proceed to construct said sidewalk as pro- vided in said order, by contractors or such other agencies as the Sidewalk Inspector may select, but the same shall be done under the supervision of the Engineer and such Sidewalk Inspector. § 366. REPAIRS o1' SIDEWALKS. Sec. 15. That when- ever it shall be deemed necessary or expedient by the Sidewalk Inspector of the City to repair any temporary or permanent sidewalk within the limits of said City, said Inspector shall give to the owners of each or any lot abutting upon such sidewalk, a notice of not less than 24 hours, requiring said owner to repair said sidewalk or any portion thereof under the direction of said Inspector, which notice shall- be in writing and personally served upon said owner, his agent or attorney in charge of said proper- ty, if found in the City. If such owner, agent or attorney can- not be found within the City then said repair may be made by said Inspector without giving any notice. In the event of fail- ure to make such repair so ordered, the said Inspector shall re- pair said sidewalk promptly at the expense of said abutting property and the owners thereof and report the same to the City Council. In the event said Sidewalk Inspector deems an immediate repair or removal of any defective sidewalk necessary he shall have authority to make such repair or removal without notice. 166 REVISED CITY ORDINANCES § 367. MAY Asszass Cosi of REPAIRS. Sec. 16. As soon as any temporary sidewalk or any repair on any sidewalk has. been completed as hereinbefore provided, the Sidewalk In- spector and Engineer shall report the cost of such sidewalk or repair to the City Council, and if the same shall be approved by said Council they shall forthwith levy a special tax on each lot, part of lot or land abutting on said sidewalk sufficient to pay the costs of the improvement or repair made in front there- of, said assessment to be a lien on the lot or parts of lot or land in question and shall be levied and collected the same as other special assessments. Note : Code, 1913. Sec. 779. Where City has prescribed procedure by ordinance it must . follow mode so prescribed. Burget vs. Greenfield. 120 Iowa, 432. Giving of notice is essential to enforcement of tax against abutting property. Zalesky vs. Cedar Rapids. 118 Iowa, 714. Waterbury vs. Morphew. 146 Iowa, 313. Temporary sidewalks. Code 1913, Sec. 777. Rowley vs: Ft. Dodge. 103 Iowa, 573. Ordinance No. 48. An Ordinance Establishing Road Districts for the Purpose of Cleaning, Sprinkling and Repairiing of Streets, Avenues and Alleys. Be it Ordained by the City Council of the City of Dubuque : S 368. CITY SHAI,I, BE DIVIDED INTO DISTRICTS. Sec- tion i. That for the purpose of cleaning, sprinkling and re- pairing the streets, avenues, and alleys, the City- is hereby divided into five road districts to be known as road districts niunber one (I), two (2), three (3), four (4), and five (5), as follows : First District. All that part of the City of Dubuque which lies within and comprises the First Ward of the City of Du- buque shall be and constitute the .First Road District of the City of Dubuque. Second District: All that part of the City of Dubuque which lies within and comprises the Second Ward of th'e City of Dubuque shall be and constitute the Second Road District of the City of Dubuque. i REVISED CITY ORDINANCES 167 Third District. All that part of the City of Dubuque which lies within and comprises the Third Ward of the City of Dubuque shall be and constitute the Third Road District of the City of Dubuque. Fourth District. All that part of the City of Dubuque which lies within and comprises the Fourth Ward of the City 'of Dubuque shall be 'and constitute the Fourth Road District of the City of Dubuque. • Fifth District. All that part of the City of Dubuque which lies within and comprises the Fifth Ward of the City of Dubuque shall be and constitute the Fifth Road District of the City of Dubuque. • 369. APPROPRIATION. Sec. 2. At the time of making the annual appropriations each year, the Council shall deter- mine the amount to be expended in each of said road districts for the purpose of cleaning, sprinkling, and repairing streets, avenues, alleys, and public places in each of said districts, which appropriation shall not be in excess of the proceeds of a tax of two mills on the dollar on the taxable value of the property included in said district, in addition to the poll tax of residents of said city and the road tax on lands not liable for ordinary city taxes. § 370. • TAX FOR. Sec. 3. There shall be assessed and levied by the Council each year against all taxable property within each of the several road districts, as herein constituted, a tax not exceeding two mills on the dollar on the assessed valuation of the property included in said district, said tax to be known and designated as a district road fund, and said funds Shall be kept separate for each district, and the tax and fund for one district shall be used and expended solely in that dis- trict for the purpose of cleaning, repairing, and sprinkling the streets, avenues, and alleys therein. Said district road tax and fund of each district shall be assessed, levied, and collected at the same time and in the same manner as now provided by law and ordinance for the assessment, levy, and collection of the general taxes. Note : City shall be divided into Districts for Sprinkling Purposes. Code Sec. 970. City has Power to Pay for Sprinkling out of Road Fund. Code 1913, Sec. ioo5. McAllen vs. Hamblin, _129 Iowa, 329. " 168 REVISED CITY ORDINANCES Ordinance No. 49. An Ordinance Prescribing Rules and Regulations for Making Excavations in Streets, Avenues, Alleys, and Public Places, Issuing Permits for the Sante, and Prescribing Penalties for the Violation, Thereof. Be it Ordained by the City Council of the City of Dubuque : § 371. MUST HAVE PERMIT. Section I. That no per- son, firm, or corporation, except public utility corporation whose rights are fixed by their respective franchises, shall make or cause to be made any excavation in any public street, avenue, alley, or public place of the City of Dubuque, or dig up, cut into, or remove any public sidewalk, curb, or pavement for the pur- pose of making any gas, water, sewer, or other connection, or to repair the same, without first obtaining a permit from the City Engineer as hereinafter provided. § 372. MUST VILE APPLICATION. Sec. 2. Before any such permit shall be issued, an application shall be filed with the Engineer, stating the place, the amount and purpose of the contemplated work, and the time when the same is proposed to be done, and in what street, avenue, alley, or public place such excavation is to be made or the work done, and its location thereon. Permits will be granted by the Engineer only when the application contains all of the information provided for herein. Each application must contain a stipulation that the applicant will fill any excavation or trench in a proper and workmanlike manner, and will restore the street, avenue, alley, or public place to its proper condition, and that in case the applicant fails or neglects to fill such excavations or trench and restore the street, avenue, alley, or public place to its proper condition, that the City of Dubuque may do so and charge the applicant with the cost thereof. § 373. MUST MAKE DEPOSIT. Sec. 3. At -the time that the application is filed with the Engineer, for a permit, the dimensions of the opening to be made shall be given to the Engineer who shall estimate the aproximate cost of refilling said trench, or excavation, and the applicant shall, on demand, and before the permit is issued, deposit with the Treasurer a sum sufficient to restore the street, avenue, alley, or public place to proper condition in case it becomes necessary for the City to do so, and said applicant shall immediately deposit with the REVISED CITY ORDINANCES 169 Treasurer such amount either in cash or in a ,certified check, which cash or check shall remain in the hands of the Treasurer until it is ordered returned by a written order signed by the Street Commisioner or Engineer, and such order shall not be issued until the Street Commisioner or Engineer shall have inspected the re -filled excavation and satisfied himself that the work has been properly done. § 374. ADDITIONAL, DEPOSIT. Sec. 4. After the permit has been granted and excavating is commenced, if it is deter- mined that the trench will be a greater area than originally contemplated by the applicant or permit holder, said permit holder shall immediately notify the Engineer and the work of excavating shall be discontinued until such additional amount has been deposited with the City Treasurer as the Engineer may estimate to be necessary to cover the additional work. § 375• PERMITS. Sec. 5. Permits shall be executed in duplicate and shall show the particular work for which the same has been granted, and one copy of the permit shall be delivered to the applicant and the other placed on file in the office of the Engineer. Said permit shall contain the name of the person, firm, or corporation to whom the same is issued, the location of the premises and the purpose of the excavation, and the time within which work shall be commenced and completed. § 376. No PERMITS TO UNAUTHORIZED PERSON. Sec. 6. No permit shall be granted to any person, firm, or corporation, unless such person, firm, or corporation has been authorized by action of the City Council to do excavating within the limits of the City and until such person, firm, or corporation has com- plied with the requirements of the Council by putting up a bond with conditions,satisfactory to the Council, and it shall be the duty of the Engineer to inquire of each applicant, before a permit is isued, whether such applicant is authorized to do excavation work as above provided. § 377. BONDS LIABLE. Sec. 7. ,In addition to the terms and conditions specifically stated in all bonds which may now be in force or which may hereafter be executed, it is hereby especially provided that all such bonds shall be construed as guaranteeing that the principal in each of said bonds will maintain all trenches or excavations by him or it in a proper manner for a period of two years after said trench or excava- tion has been refilled or covered, and in the event that any 170 RnVISED CITY ORDINANCES RIWISED CITY ORDINANCES 171 • trench or excavation which has been refilled, settles, sinks, or causes any irregularity in the surface of the street, avenue, alley, or public place, within the period of two years after the time said trench was filled, it shall be the duty of the applicant or permit holder to immediately remedy such condition.. In the event that the said permit holder refuses to remedy such, condition, after being notified to do so by the Engineer or Street Commissioner, the Street Commissioner shall imme- diately proceed to do the work and the expense thereof shall be charged to the permit holder, and in case he or it fails to pay the cost of the same, he or it shall be liable upon his or its bond therefor. § 378. MAY CANCEL PERMITS. Sec. 8. In addition to the remedies herein provided for in case a permit holder fails or refuses to properly replace any trench or excavation or fails or refuses to maintain the same for a period of two years after. such trench or excavation has been filled, the Council shall, upon being notified by the Engineer or Street. Commissioner, • cancel all permits previously granted to such permit holder to do excavating work within the City and he or it shall thereafter be denied the right to secure such a permit either from the Council of from the Engineer. § 379. PENALTY VOR VIOLATION. SeC. 9. Any, person, firm, or corporation, or any officer, agent or employee thereof, who shall install any plumbing, drain, gas, water, or sewer con- nection, or make any opening, excavation, or trench in any street, avenue, alley, or public place in the City, or shall cause .the same to be done, without procuring a permit as herein- before provided, or shall in any manner violate the provisions of this ordinance, shall upon conviction thereof be punished by a fine of not less. than $25.00 nor more than $Ioo;oo, or be imprisoned for not more than 3o days. § 380. No EXCAVATIONS IN CERTAIN STREETS. SeC. IO. Nothing in this ordinance shall be construed to limit the power of the Council to prohibit, for any number of years it may determine, the excavation or tearing up in any manner .of any street, avenue, alley, or public place which has been improved, or is about to be improved, by any person, firm, or corporation. When such a resolution has been adopted by the Council, pro- hibiting the tearing up of any street, avenue, or alley, notice of the sane shall be given by one publication in the official news- papers of the City and such resolution shall not take effect until twenty (20) days after its passage and publication. When such a resolution has been adopted and published as herein provided, the Engineer shall have no authority to issue a permit for the excavation or tearing up of the street, avenue, or alley included in said resolution; and any person, firm, or corpora- tion, or any officer, agent or employee thereof, who shall violate the terms of said resolution shall, upon conviction, be fined not less than $ioo.00 for each violation. § 381. EMERGENCY. Sec. 12. In case of the breaking of a water or gas main, or other emergency which might cause great danger to a street, avenue, alley, or public place if work was delayed until action could be taken by the Council, and excavations in such street, avenue, alley, or public place has been prohibitetd by resolution, as provided in the preceding section, and it is necessary that the work of repairing such breaking or other emergency shall be done at once, in the interest of the public health or welfare, the Engineer may issue a permit as provided in this ordinance, which permit shall be marked "E,4nergency," and the Engineer shall on issuing such a permit file a complete report with the Council at its next meeting, setting out fully the facts in the case and the necessity for such permit. Ordinance No. 5o. Abe Ordinance Relating to the Use of Streets, Avenues, and Alleys for the Purpose of Depositing Building Material Thereon. Be it Ordained by the City Council of the City of Dubuque : § 382. MUST SECURE A PERMIT. Section I. That any person erecting, altering, or removing any building shall have the right to use s0 much of the street, avenue, or alley adjoin- ing the lot on which such building is situated as may be reason- ably necessary for the purpose of depositing building material thereon, provided that a building permit, as provided by or- dinance, has been issued for the erection, alteration, or removal of such building. The material so deposited shall not occupy more than one-half of the width of the street, avenue, or alley, or when there is a street car track in the street, not more than 172 REVISED CITY ORDINANCES one-third of the width of such street, and no material shall be deposited within io feet of any street railway track. All such material shall be properly and securely piled so as to prevent damage or injury to persons or vehicles passing or being upon said street, avenue, or alley, and so as not to obstruct the drain- age in the guter along the curb line of said street or avenue or in said alley, and so as not to interfere with any catch basin, or access to any fire hydrant, letter box, or fire or police alarm. § 383. MUST PROTECT PERSONS AND PROPERTY. See. 2. No material shall be deposited upon the sidewalk in front of or along any street, avenue, or alley whereon any such building is being erected, and the sidewalk shall at all time be kept clear for the free and unobstructed use thereof by the public, pro- vided, however, that a driveway for the delivery of material across such'sidewalk from the curb line to the building site may be maintained, if necessary. If the building to be erected is to be more than two stories in height, and if the walls thereof are at or near the sidewalk line, there shall be built over the side- walk a roof, or shield of planks, so supported and constructed as to protect any person passing along such sidewalk from danger from falling material or debris, which protection shall be maintained as long as the same may be necessary for the protection of persons passing along such sidewalk. § 384. MusT PLACE BARRIERS AND LIGHTS. SeC. 3. It shall be the duty of all persons having any interest therein, either as owner or contractor, or as owner or leasee of the property in front of or along which said :material is deposited, to properly guard the same by suitable barriers, and, at night, to place red lights in conspicuous places at each end of every pile of material deposited in the- street, avenue, or alley, which lights shall be kept burning during the entire night, and in case the parties named herein fail to guard said material, as herein provided, the Street Commissioner shall be authorized to re- move such material from the street, avenue, or alley without notice. The party or parties using the street, avenue, or alley for any of the purposes specified in this ordinance shall be liable for all injury or damage to persons or property arising from any wrongful act or negligence of said party or parties, or their agents or employees, or from any misuse of the privi- leges conferred by this ordinance, or any failure to comply with the provisions hereof. REVISED CITY ORDINANCES 173 § 385. LIMIT To PRIVILEGE. Sec. 4. The privilege of occupying space in streets, avenues, and alleys for the purposes herein provided is intended only for use in connection with the actual erection, alteration, or removal of buildings and shall terminate with the completion of such operation, and no street, avenue, or alley shall be used for the storage of articles or materials not intended for immediate use in connection with the erection or construction of the building for which such permit has been issued, nor after the completion of such build- ing, or for a longer period than that herein provided. It shall be unlawful to store any earth taken from any excavation or any rubbish or debris taken from any building upon any por- tion of a street, avenue, or alley. § 386. PENALTY VOR VIOLATION. Sec. 5. Any person violating any of the provisions of this ordinance shall, upon conviction of the same, be fined not less than $25.00 nor more than $ioo.00 and shall pay the costs of prosecution. Ordinance No. 51. An Ordinance Relating to Obstructions In or Upon Streets, Avenues, Alleys, and Sidewalks, and Providing for the Reimoval Thereof. Be it Ordained by the City Council of the City of Dubuque : § 387. BUILDINGS. Section i. That no owner or occu- pant of any property within the City shall erect on any lot or parcel thereof a building of any kind or character, any part of which building projects or extends over or beyond the property line of such lot or parcel thereof, abutting upon any street, avenue, alley, or other public place. The provisions of this ordinance shall apply not only to buildings to be erected, but also to buildings heretofore erected and maintained contrary to the provisions of this section. § 388. SIGNS. Sec. 2. That no owner or occupant of any property within the City shall construct, erect, or maintain, or continue to maintain along, in, or upon any street avenue, alley, or sidewalk, any sign, street light, hitching post, sign post, or other obstructions, provided, however, that signs con- structed entirely of wood, metal or glass, or a combination �i4 REVISED CITY ORDINANCES thereof, may be attached to a building or .buildings at the height of not less than 12 feet above the sidewalk, when a written application -for permission to erect the same, together with a sketch or plan of the proposed sign, showing the size, kind of material or materials,. and manner of attaching the same to the building or buildings has been filed with the Coun- cil, and the Council has consented to the erection of the same. That when permission to erect a sign has been granted by the Council to any person, firm, or corporation, and before such sign is erected, the owner and occupant of the buildings shall file with the Recorder a bond in the sum of $I,000.00, which is to be signed by the owner and occupant, as principals, and two resident property owners or a surety company as surety, which bond shall be approved by the Council and shall be conditioned that the said principals will hold the City harmless from any and all claims for damages to persons or property on account of the construction, operation, or maintenance of such sign. § 389. AREA WAYS, ETC. Sec. 3. No owner or occupant of any building within the City shall construct or maintain or continue to maintain under any part of any public sidewalk, street, avenue, or alley, any vault, room, coal hole, or area way for any purpose whatever, unless said person, firm, or corporation. shall first file a written application with the Council, together with a sketch or plan showing the manner of construc- tion and size of such room or vault, and the purpose for which intended, and consent has been given by the Council to erect or maintain the same. That all openings of any character which may ,be constructed or Irnaintained leading into any such room, vault, coal hole, or area way through or to any street, . avenue, alley,- or sidewalk shall be covered so as to prevent injury to persons, animals, or vehicles. § 390. AWNINGS. Sec. 4. That no owner or occupant of any building shall erect or maintain any awning or canopy, as a part of or attached to any building within the City, and extending over or across any 'public sidewalk or part- thereof, which is lower than 7 feet at the lowest point when let down, and all awnings or canopies shall be firmly and securely fas- tened and attached to the building or buildings of which they are a part. § 391. SIDEWALI{S To Bn }_KPT CLEAR. Sec. 5. No owner or occupant of any building within the City shalt occupy REVISED CITY ORDINANC]S 175 more than 3 feet in width of any sidewalk for the purpose of showing, displaying or selling any goods, wares, or merchan- dise of any kind or character, which 3 feet of sidewalk shall be constructed to be that part adjoining the property line, and nothing herein contained shall be construed to limit the author- ity of the City to prohibit the use of any sidewalk for such purpose when it is necessary for the public safety and con- venience. The use and occupancy of the sidewalk permitted by the provision of this section shall be allowed only during the hours when the place of business of the occupant of the building is open for business.. That except as provided above, the entire width of all sidewalks shall be kept free and clear from all obstructions, and no owner or occupant of any pro- perty shall use any sidewalk within the City for storing pro- perty of any character, or for any purpose that would interfere with the free and proper use thereof by persons passing along and over the same. § 392. DowN SPouTs. Sec. 6. No owner or occupant of any building in the City shall erect or maintain any down- spouts or pipes for conducting water from the roof of such building or elsewhere so as todischarge the water flowing therefrom onto or over the sidewalk adjacent to such building. § 393. PENALTY VOR VIOLATIONS. Sec. 7. That any person violating any of the provisions of the foregoing ordi- nance shall be guilty of a misdemeanor and shall, upon convic- tion thereof, be fined not less than $Io.00 nor more than $100.00, or be confined in jail not to exceed 3o days. 394. ABA 'EmENT. Sec. 8. That if any person, firm, or corporation shall erector maintain any building or thing in a manner contrary to the terms of this ordinance, that the Chief of Police shall notify such person, firm, or corporation to remove such obstructions, and if such person, firm, or cor- poration shall fail to remove the same within 48 hours after notice has been served upon him or it by the Chief of Police, that the same may be removed at his or its expense, or the same may be declared a nuisance and be abated in the manner pro- vided by law. Note: Charter, Sec. 7, Par. 7. 176 REVISED CITY ORDINANCES Ordinance No. 52. An Ordinance Relating to Street Traffic, and Regulating the Use of Streets, Alleys, and Public Places by Carts, Drays, Coaches, Omnibuses, Carriages, Wagons, Motor Vehicles, and all other Vehicles, and Providing a Penalty for the Violation Thereof. Be it Ordained by the City Council of the City of Dubuque : § 395• Ru1,Es AND REGULATIONS. Section 1. The owner, driver, operator, or person in charge of any cart, dray, coach, omnibus, carriage, wagon, motor vehicle, motorcycle or any other vehicle, drawn, driven, or propelled upon the streets, alleys, or public places of the City of Dubuque, shall conform • to and comply with the following rules and regulations : 1. Vehicles of all description shall be driven in a careful manner and with due regard for the safety and convenience of pedestrians, also of other vehicles. 2. Vehicles shall keep to the right side of the center of the street, and shall be driven as close to the right hand curbing as possible except as hereafter provided. 3. On a street divided longitudinally by a park way, viaduct, walk, street railway, or sunken way, vehicles shall keep to the right of such division. 4. Slowly moving vehicles shall always keep as close as possible to the right hand curb so as to allow" more swiftly moving vehicles free passage to the left. 5. Vehicles turning to the right into an intersecting street, shall pass and turn the corner as near to the right hand curb as possible.. 6. Vehicles turning to the left into an intersecting street shall pass to the right of and beyond the center of the street in- tersection before turning. 7. Vehicles meeting shall pass each other to the right. 8. A vehicle overtaking another vehicle traveling in the same direction shall keep to the left of the overtaken vehicle in passing, but if such overtaking vehicle is a niotor vehicle, it shall first give a signal by sounding its horn before attempting to pass the vehicle overtaken. REVISED CITY ORDINANCES 177 9. No vehicle shall back to make a turn in any street if by so doing it interferes with other vehicles or pedestrians, but .shall go around the block or to a street sufficiently wide to turn in without backing. 1o. Vehicles crossing from one side of the street to the other shall do so by turning to the left so as to head in the same direction as the traffic on that side of the street towards which the crossing is made, and when the street is congested with traffic .such vehicle shall go to the intersection before turning, and no vehicle shall stop with its left side to the curb. 11. No vehicle shall remain backed up to the curb except it be actually loading or unloading, and in such case no 'longer_ than the actual loading or unloading requires. The horse or horses attached to a vehicle backed up to the curb shall be turned at right angles to the vehicle and in the direction in which the traffic upon the street is moving except at the public market. - - 12. No vehicle shall stop except when caused by proceed- ing traffic on any street unless within two feet of the curb, nor in such a way as to obstruct complete passage of the street. . 13. . No vehicle shall be left standing in front of, or with- in fifteen feet of either side of the entrance to any theatre, church, auditorium, or other building where large assemblages of people are being held, except when taking on or discharging passengers or freight and then only for such length of time as is necessary for such purpose. 14. No vehicle shall be permitted to stop or stand within 2o- feet of any hydrant or fire plug. 15. No vehicle shall be permitted to be left standing with- in 20 feet of any street corner. 16. No vehicle shall overtake and pass another vehicle at street intersections in the business district in the City of Du- buque. 17. All vehicles, including street cars, 'when approaching the intersection of streets where a policeman or traffic officer is stationed, shall promptly obey all directions given by such policeman or officer. 18. No vehicle shall stop or stand within street inter- sections and no vehicle engaged in heavy traffic, such as hauling 12 178 REVISED CITY ORDINANCES ice, coal, wood and freight of all kinds, shall be driven on Main street from First street to Seventeenth street, unless necessary. to load or unload in said street. 19. The drivers of all vehicles must look out for and give right of way to vehicles approaching simultaneously from the right at street intersections. • zo. The driver of a vehicle turning to the right from one street into another shall have the right of way over vehicles traveling on the street into which he is turning. - 21. The driver of a vehicle turning to the left into another street shall give the right of way to vehicles traveling on the street into which he is turning. 22. The driver of any vehicle, whether the same be a motor vehicle or driven by animal power, when followed by another vehicle, when about to stop. or turn the corner of any street or public way, shall give a signal by extending his hand from the side of his vehicle or by raising his whip, so that such signal shall be plainly visible from behind such vehicle, and if such driver is about to turn he shall indicate by such signal the direction in which he desires to turn, and it shall then be the - duty of the driver of any vehicle following to slow down in response to such signal. 2-3. Street cars moving at a lawful rate of speed shall have the right of way upon their respective tracks, except as to vehicles of the fire department, hospital ambulance and funeral processions, and no person shall obstruct or delay the move- ment thereof; provided, however, that in cases of emergency, and whenever the public interest or the public safety require, any police officer may order a cessation of the movement of street cars for a reasonable period of time; and it -shall be un,- lawful n-lawful for any such street car to. resume movement until the expiration of the time. limited in such notice, or until signalled by the police officer so stopping the same to proceed. 24., No street crossing on which tracks of a steam rail- way are laid shall be obstructed by any train, locomotive, car ,or any part thereof for a longer period than five minutes; nor shall such. train, locomotive or car be parked in a street or street crossing for an unreasonable time. 25. Processions and parades, except funerals, involving _ the use of vehicles shall not be allowed, except by permit of the REVISED CITY ORDINANCES 179 Chief of Police, which permit shall designate the time and route of such procession or parade, and a license fee of not less than Twenty-five ($25.00) Dollars nor more than One Hundred ($Ioo.00) Dollars, shall be charged for the use of the streets for circus parades. 26. No vehicle shall be driven through a procession ex- cept with the permission of a police officer. 27. The driver of a vehicle, on the approach of a fire wagon or other fire apparatus, shall immediately draw up said vehicle as near as practicable to the right hand curb and parallel thereto, and bring it to a standstill. 28. The officers and men of the fire department and fire patrol, with their fire apparatus of all kinds, when going to, or on duty at, or returning from a fire, and the officers and men of the police department, and all patrols and ambulances shall have the right of way in any street and through any procession, except over vehicles carrying United States mail. 29. No vehicle shall be allowed to remain upon, or be driven through any street of the City of Dubuque so as to wil- fully blockade or obstruct the said street; and no vehicle shall he so overloaded that the horse or horses, or motive power, shall be unable to move it readily. 3o. No horse shall be left unattended in any street or highway unless securely fastened, or unless the wheels of the vehicle to which he is harnessed are securely tied, fastened or chained, and the vehicle is of sufficient weight to prevent its being dragged at dangerous speed with wheels so secured. 31. No horse shall be unbitted or unbridled in any street or highway unless secured by a halter. 32. No one, in any street, or highway, shall remove a wheel, pole, shaft, whiffi'etree, splinter -bar or any part of a harness likely to cause accident if the horse or horses start without first unhitching the horse or horses attached to. said vehicle. • 33. No one shall crack or so use a whip as to annoy, in- terfere with or endanger any person or excite any horse or horses other than that which he is using. 34. No person shall drive, guide or have the care of two or more horses harnessed respectively to different vehicles. I8o REVISED CITY ORDINANCES 35. All wagons, carts and vehicles of every kind and description, except covered vehicles, used for the purpose of hauling garbage, manure, dead animals, refuse and offensive offal of every kind and description, are hereby prohibited from using Bluff, Locust, Main, Iowa and Clay, Jackson and Couler avenue between the hours of 8 a. m. and 10 p. ;m. providing, however, that nothing in this section shall be so construed as to prohibit the hauling of such garbage, dead animals, manure, refuse, and offensive offal through the alleys and street inter- sections at the time designated herein. Circus vehicles unless in parade shall not travel over Main, Iowa and Clay streets and also Couler avenue. 36. No person under fifteen years of age shall drive or operate any motor vehicle, either for commercial or private purposes upon the streets in the City of Dubuque, unless such minor is accompanied by an adult person. 37. Street cars, omnibus, auto omnibus, or public con- veyance engaged in transporting passengers for hire, in taking on and discharging passengers, shall stop only on the near side of the street intersection. 38. The driver or operator of every motor vehicle shall give some plainly audible signal of his approach to a standing street car, and the driver dr operator of every vehicle shall drive at a distance of not less than six feet from the running board or lower step of any street car which is stopping for the purpose of taking on or discharging passengers, and if, by reason of the presence of other vehicles at the place where such car is stopping, or by reason of the narrowness of the street, it is not possible to preserve a distance of six feet from such running board as herein prescribed, then the driver or operator shall stop the same until such street car shall have taken on or discharged its passengers and again started. 39. Persons, firms and corporations operating auto. om- nibuses for hire are prohibited from having their terminals on Main street from ist to i7th street, or on 8th street from Clay. street to Bluff street. 40. The driver or operator of any vehicle, when ap- proaching a street car from the front, which street car has stopped for the purpose of taking on or discharging passengers, or which at the time is standing upon a switch waiting for another street car to pass, shall operate and drive his vehicle REVISED CITY ORDINANCES 18i as close to the right hand curb as possible, and he shall also slow down his vehicle so that the same is under the complete con- trol of the driver, and if necessary for the safety of the life and property, said vehicle be brought to a full stop. This rule shall apply to all vehicles approaching a street car from the front, and it shall be the duty of the operator or driver of such vehicle to begin to reduce the speed of his vehicle when he arrives at a point within fifty feet of the front end of such street car which has so stopped. 41. Drivers or operators of motor vehicles at all times shall, on approaching or traversing a crossing or street intersection have their vehicles under complete control, and shall sound their signals in such a way as to give warning to other vehicles and to pedestrians of their approach, and reduce the speed of such vehicles to a rate not greater than ten miles an hour, and when turning a corner into an intersecting street, such vehicle shall not be operated at 'a greater rate of speed than six miles an hour. 42. No person shall operate a motor vehicle on any street or public highway within the City of Dubuque at a rate of speed greater than is reasonable and proper, having regard to the traffic .and use of the highway, so as not to endanger the life or limb of any person, and in any event in the closely built up portions of the city at a greater rate of speed than ten miles an hour, or elsewhere in the said city at a greater rate than fifteen miles an hour ; subject, however to the other provisions of this section. Upon approaching a crossing of intersecting. public highways, or a bridge, or a sharp curve, or a steep descent, and also in traversing such crossing, bridge, curve or descent, a person operating a motor vehicle shall have it under control and operate it at a rate of speed less than hereinbefore specified, and in no event greater than is reasonable and proper, having regard for the traffic then on such highway and the safety of the public. 4.3. The driver or operator of any motor vehicle, upon approaching any public, or parochial school within the cor- porate limits of the City of Dubuque, shall have his vehicle under full control, shall sound signals in such a way as to give good warning to all persons of his approach, and shall 'slow down his vehicle to a speed not exceeding ten miles an hour. 182 REVISED CITY ORDINANCES 44. That any person operating a motor vehicle within said city shall, at request or on signal by putting up the hand, from a person riding or driving a restive horse or other draft or domestic animal, bring such motor vehicle immediately to a stop, and, if traveling- in the opposite direction, remain stationary so long as it may be reasonable to allow such horse or other animals to pass, and, if traveling in the same direction, use reasonable caution in passing such horse or other animal, and the operator and occupant of any motor vehicle shall render necessary assistance to the party having in charge said horse or other draft animal in so passing. 45. Every motor vehicle while in'use on any street, alley or any public place of the city, shall be provided with good and efficient brakes which shall at all times be in proper and efficient working condition, as shall also the stearing gear of such motor vehicle be at all times in proper and efficient working condition. Every motor vehicle while in use aforesaid, shall also be pro- vided with a suitable bell or horn, and it shall be unlawful for a person to use any bell or horn which will not produce an abrupt sound sufficiently lond to serve as an adequate warning of danger, and it shall be unlawful for any person operating any motor vehicle to make, or cause to be made, any unneces- sary noise with such bell or horn, or to use the same except as a warning of said vehicle's approach. Peddlers and venders of every description must not blow a horn or ring a bell more often than three times in each block traveled. 46. Every motor vehicle while in use on any street, alley or any other public place of the city must exhibit after dusk or in any case during the period from one hour after sunset to one. hour before sunrise, one or more lamps showing white light ahead in the direction toward which such vehicle is pro- ceeding, and also a red light in the reverse direction, the rays of such rear lamp shall shine upon the number plate carried on the rear of such vehicles in such a way as to render the numerals thereon visible for at least fifty feet in the direction from which the motor vehicle is proceeding. 47. It shall be unlawful for any person to operate any motor vehicle within the limits of the City of Dubuque which has displayed upon it and lit any search light or spot light whose rays may be directed from side to side at the will of the oper- ator, or some person in said motor vehicle. REVISED CITY ORDINANCES 183 48. Every horse drawn vehicle and bicycle must exhibit during the hours mentioned in the previous section at least one white light light in a place on a horse drawn vehicle visible from front and rear and on a bicycle a white light showing to the front and red to the rear. 49. While any motor vehicle is at a standstill on any street, alley or other public place of the city during the hours aforesaid, it must exhibit at least one light visible in the di- rection in which such vehicle is faced, said light shall be the light farthest from the curb, and red light visible in the re- verse direction. 5o. No person shall drive any motor vehicle upon the streets of the City of Dubuque, at the time lights are required to be carried by this ordinance, if said vehicle is equipped with a lighting device which concentrates and projects, any part of the light into a beam, unless said lighting device is so adjusted that at a point a distance of seventy-five feet in front of said light or lights, no part of the reflected beam shall be projected more than forty-two inches above the surface of the roadway when measured on a level roadway. 51. It shall be unlawful for any person or company own- ing, or in charge of, any motor vehicle to cause, suffer or allow, smoke, steam, vapor, gas, oil, refuse or residue to es= cape therefrom in quantities in excess of such amount as may be absolutely necessary for the successful operation of such motor vehicle when it is in perfect working order, and not pre- ventable by the use of all appliances and apparatus designed to prevent the escape of said smoke, steam, vapor, gas, oil, re- fuse and residue. • 52. It shall be unlawful for any person or company own- ing or in charge of any motor vehicle to cause, suffer or allow the same to make any unnecessary noise in any manner while -.on any street, alley or other public place in the city. 53. It shall be unlawful for any person or company own- ing or in charge of any other vehicle to cause; suffer or allow the same to be operated .on any street, alley or other public place of the city without a muffler of such design as to eliminate as far as possible the noise caused by the engine explosions, or • to cause, suffer or allow such motor vehicle to be operated upon the streets, alleys or public places with said muffler cut out open or not in good working order. 184 REVISED CITY ORDINANCES 54. That every motor vehicle within said city shall have at all times the number assigned to it by the State of Iowa displayed on the front and back of such vehicle in such a man- ner as to be plainly visible, and shall be of such size as provided by the laws of the State of Iowa. No person shall be permitted - to operate any motor vehicle upon the streets, alleys, avenues . and other public places of the City of Dubuque unless he shall have his distinctive number properly displayed for the current year during which said motor vehicle is being operated. • 55, Pedestrians, crossing any street where the same in- tersects with another street within the business district, shall obey all instructions given by the traffic officer or policEiman at said streets, and for the purpose of promoting the safety of pedestrians, all pedestrians, especially in the conjested parts of the city, shall pass over such portion of the street as is in- cluded within the lines of the sidewalk projected and not diagonally. § 396.. TRIMS DEP'INID. Sec. 2. That the words and phrases used in this Ordinance shall, for the Ordinance, be de- fined as follows : (a) "Motor vehicle" shall include all vehicles propelled by any power other than muscular power, excepting such motor vehicles as run only upon rails or tracks, provided that nothing herein contained shall apply to traction engines or road rollers; (b) "closely built up portions" shall mean the territory within said city contiguous to a public 'highway de- _ voted to business; (c) the word "vehicle" shall include eques- trians, lead horses, carts, drays, coaches, omnibuses, carriages, wagons, motor vehicles and all other vehicles used for trans- porting persons .or property on the public streets, however, drawn, driven or propelled, except street' cars, baby carriages, wheelbarrows and such carts as are propelled by hand ; (d) "Horse" includes all domestic animals; (e) "driver" in- cludes the rider of a bicycle, rider of a motorcycle, and the operator of a motor vehicle or street car; (f) "curb" shall mean the lateral boundaries of the street. § 397. COMPLAINTS. Sec. 3. Any person desiring to make complaint for violation of any of the provisions of this Ordinance, may make the same to any police officer, or at the police station in the City of Dubuque. § 398. PENALTY FOR VIOLATION. Sec. 4. Any person violating any of the provisions of this Ordinance shall be REVISED CITY ORDINANCES 185 deemed guilty of a misdemeanor, and Shall be punishable by a fine not exceeding $25.00 for the first offense, and punishable by a fine of not less than $25.00, nor more than $5o.00 or im- prisonment not exceeding thirty days, for a second or subse- quent offense. Note : City has power to limit speed of vehiclesc. Code 1913. Sec. 1571-m, 20. May punish violations by fine. Code 1913. Sec. 1571-m, 22. Ordinance No. 53. An Ordinance Providing for the Cleaning Of Sidewalks. Be it Ordained by the City Council of the City of Dubuque : § 399• WHO RESPONSIBLE P'OR CIAANING. Section I. That the -occupant of any lot or parcel thereof, or any building located on any lot or parcel thereof within the City, which lot or parcel thereof fronts upon, or lies along any sidewalk of stone, planks, brick or other material, dr the owner of any such property, if the same shall not be occupied, shall clear all such sidewalks in front of, or lying along such building or lot, of all snow, ice and slush, as the case may be, within 12 hours after such snow has fallen or ice or slush formed, and shall cause the same to be kept free of such snow, ice or slush. § 400. CITY MAY CLEAN. Sec. 2. If the occupant, owner or agent of any such building or lot shall neglect or re- fuse to comply with the provisions of the foregoing section, within 12 hours after such snow has fallen, or ice or slush formed, the City may proceed to clear such sidewalk of snow, ice and slush. Such work shall be done by the employees, agents or officers of the City, under the direction and supervision of the Sidewalk Commissioner or Chief of Police. That the costs and expenses of doing such work shall be assessed against every lot, lots or fraction thereof fronting or lying along such side- walk, at the rate of / cent per square foot for each spuare foot of such walk. The cost of doing such work shall be re- ported by the officer having charge of the same to the City 186 REVISED CITY ORDINANCES Council, and the same shall be assessed as a special assessment, in the manner provided by Ordinance No. 59. § 401. PNAr,7'Y E0R VIOLATION. Sec. 3. That if such person, either occupant, owner or agent fails or omits to clear the snow, ice or slush off of any sidewalk owned by him, or under his control, within the time specified in the foregoing sections, or to keep the same clear from snow, ice or slush, he shall be guilty of a misdemeanor and Upon conviction thereof shall be fined not less than $5.00 nor more than $100.00. Note : Code, Sec. 781. Ordinance No. 54. An Ordinance to Authorize and Regulate the Installation and Maintenance of Street Lights upon the Streets of the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : 402. MAY INSTALL STREP LIGHTS. Section i. That pemission is granted to owners and occupants of property front- ing upon the streets of the City of Dubuque to install and main- tain such street lights and the necessary poles and fixtures there- for, in compliance with the following regulations, viz : a. The poles and fixtures must be maintained in good condition consistent with civic beauty and cleanliness, and the lights must be kept in good order and lighted regularly accord- ing to the lighting schedule in force, by those who are respon- sible for their erection. h. The lights and the poles and fixtures therefor, on any portion of any street in the City in the City of Dubuque shall conform in design, position and color of pole and fixtures, with the provisions and specifications of a comprehensive plan for lighting the streets of the City of Dubuque, said plan to be pre- pared by. the City Engineer and approved and adopted by the City Council. c. No lights, or poles or fixtures therefor, shall be in- stalled upon any street in the City ,of Dubuque until permits for their installation shall have been issued by the City En- gineer, said permits to be issued for such installations only as REVISED CITY ORDINANCES 187 are strictly. in accord with the provisions and specifications of the above mentioned comprehensive plan for lighting the streets of Dubuque. § 403. EXCEPTIONS. Sec. 2. This ordinance shall not be so construed as to interfere in any way with poles or fixtures already installed, nor shall anything contained in this ordinance be in any way construed so as to prevent said City from ex- ercising its police power over its streets or sidewalks, or• from ordering the repair, reconstruction or entire removal of any or all of said poles at any time when such action may be deemed necessary or advisable. 188 REVISED CITY ORDINANCES TITLE XIII. BUILDING REGULATIONS. Ordinance No. 55. An Ordinance Establishing Fire Limits within the City, and Prescribing Rules for the Construction of Buildings with- in such Fire Limits, and Providing for the Repair or Re- moval of Buildings not Con f owning with such Regulations. Be it Ordained by the City Council of the City of Dubuque : § 404. FIRE LIMITS ESTABLISHED. Section I. That the following described boundaries shall be, and is hereby estab- lished as the fire limits within the City, to -wit. Commencing at a point where the south line of the north tier of lots fronting on the south side of Jones Street intersects the right of way of the Illinois Cenrtal railroad tracks; thence west to the west line of the lots facing Bluff Street; thence north to the intersection north of North Seventeenth Street; thence east to the west line of the lots fronting on the west side of Clay Street and Couler Avenue, north to Sanford Avenue, all lots fronting on the east side of Couler Avenue south from Sanford Avenue to Eighteenth Street, all lots fronting on the north side of Eigh- teenth Street, east to the west side of Washington Street, all lots fronting on the west side of Washington" Street south to Fifth Street and thence along the Illinois Central railroad tracks to Jones Street. Also both sides of Eagle Point Avenue from Couler Avenue to Elm Street, also both sides of Rhom- berg Avenue from Cooler Avenue to Johnson Avenue, and both sides of Julien Avenue from Bluff Street to its inter- section with Julien Avenue and West Eighth Street, and all territory. § 405. RI ouI,ATIONS APPLICABLE TO FIRE LIMITS. Sec. 2. Every person, firm or corporation who shall hereafter construct any building or addition to any building, within the REVISED CITY ORDINANCES 189 fire limits, as described in the preceding section, shall conform with the following rules and regulations. a. No building or addition to any building shall be made, built or constructed, unless the outer walls thereof are of brick, stone, tile, cement blocks, reenforced concrete or other fire proof material. b. The roof of every building or addition to any building shall be composed entirely of metal composition or other non- combustable material. c. The outer walls of all buildings shall be constructed of solid fire proof material, and the construction of veneered walls is prohibited. d. No building or addition to any building, constructed of materials which are not fire proof or non-combustable ma- terial shall be raised or enlarged, no shall the same be removed from one lot to another, or to one part of lot to another part thereof, within said fire limits. e. No structure other than the fire proof structure for the storage of coal or lumber, shall be. built or kept upon any premises within the fire limits. § 406. PENALTY rOR VIOLATION. Sec. 3. Any person convicted of a violation of any of the provisions of this ordin- ance shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in a sum not to exceed $100. § 407. POWER of COUNCIL To CONTROL. Sec. 4. That whenever any building or structure is found to be in the course of construction or erection, either by removal or otherwise, upon any lot or parcel of ground within the fire limits, which building or structure does not comply with the provisions of this ordinance, shall be held and declared to be a nuisance and the Mayor or Council shall at once notify the owner of such building or structure, or his agent, and the person engaged in the building or construction of such building or addition to a building to stop work upon the same, and to immediately re- move or abate the same. That if .the same is not removed or abated within the time fixed by the Mayor or Council, it shall be the duty of the Mayor and Council to remove and abate such building or addition to a building, and the costs thereof shall be assessed and levied against said property in the same manner as other special assessments. The Mayor and City 190 REVISED CITY ORDINANCES Council may proceed, in the name of the City, to procure an in- junction, enjoining any person, firm or corporation from erect- ing or constructing any building which does not comply with the provisions of this ordinance. 408. REPAIR AND REMOVAL OR DAMAGED STRUCTURES. Sec. 5. Whenever any building within the fire limits, has been damaged in an amount greater than 5o% of the cost of a similar new building, exclusive of foundation, whether such damage shall have been caused by fire or other casualty or decay, it shall be the duty of the owner or -his agent, to remove the same with- in 15 days from the date of such fire or other casualty, and if such building or structure is not so removed the Council may remove the same in such manner as they may deem best, and the costs of such removal shall be levied against said property in .the same manner as other special assessments. Note : Charter Sec. 7., Par. 5. Code 1913, Sec. 711. City has power to require fire proof buildings. Lane Moore Lumber Co. vs.. Storni Lake, 151 Iowa, 13o. Building erected in violation of ordinance fixing fire limits may be torn down or removed without judicial pro- ceedings. Lemmen vs. Guthrie Center. 113 Iowa, 36. Ordinance No. 56. An Ordinance Regulating the Use of Moving, Picture Machines and- Providing a Penalty for a Violation thereof. . Be it Ordained by,, the City Council of the City of Dubuque : § 409. Section i. That it shall be unlawful to operate any moving picture machine or device in the City of Dubuque, unless. the same shall be equipped as- follows Said: moving picture machine and devices shall be equipped with an automatic take-up with an adjustable roll, and said take-up and magazine and the doors and openings thereto shall be kept closed while such machine is in operation, and the same shall be equipped with an automatic fire shut-off with tipper and lower fire • guards. RAVISED CITY ORDINANCES. 191 That the distance of the rheostat from the floor, the wall or walls, or other combustible materials, shall not be less than twelve (12) inches and that said rheostat shall be placed on iron pedestals, securely screwed to the floor, and shall be properly encased and protected by a galvanized iron case. - The said moving picture machines and devices shall be equipped with an automatic light shutter, such as shall be ap- proved by the Chief of the Vire Department, City Electrician and Committee on Fire. Sec. 2. All the requirements of Section r herein shall be subject to the approval of the Chief of the Vire Department, City Electrician and Committee on Vire, and it shall be the duty of said Chief of the Fire Department, City Electrician and Committee on Vire to enforce the provisions of Sections i and 4 of this Ordinance, and to inspect said moving picture machines. and devices upon the installation of the same, and at least six times each year thereafter. Sec. 3. Any person, firm or corporation violating the pro- visions, of this Ordinance, or neglecting or refusing to comply With the same, -shall he fined not less than twenty-five nor more, than one hundred dollars for each offense. Sec. 4. No moving picture machine or device shall be operated in the City of Dubuque, except where the same. is en- closed in a booth and said booth constructed according to the following specifications: Framing:. Shall he made of i"xi"x/" angle iron prop- erly braced to secure rigidity and securely riveted or bolted at the joints. Size : To be not less than 5'x5'x6' Sheating : To be galvanized iron of not less than No. 20 B. W. gauge, or 1/4" hard asbestos board. securely riveted or bolted to angle iron frame. Booth may be constructed of other approved fire -proof material. Floor : To be of same material as sides and roof, riveted or bolted to iron frame, covered with a rubber or cork matting. Door : To be not larger than 2'x5' of fire -proof material andarranged to close automatically either by means of a spring to be placed on the exterior and riveted to frame work, 192 REVISED CITY ORDINANCES or by a metal rope and weight attachment. Two latches of steel to be provided and to be placed one 12" from top and the other I2" from the bottom of door. Latch bars to be connected by metal rod, so that one operation opens both latches. Openings: (Either for operator's view or through which pictures are thrown) To be not larger than 12"x12" and pro- vided with a gravity door of fire -proof material, held in position by fusible links placed in series with fine cord, so arranged that normally one of the links is suspended directly over film when in slide of the apparatus, or so arranged as to be normally closed and held open by pressure of the operator's foot. Shelf : To be same construction as booth. Ventilation: Booth to have an opening for ventilation which must be flanged to carry conductor pipe of not less than 5" diameter for exhausting the hot air generated in operating the machine. An exhause fan should be placed at the outer end of the conductor (or stove) pipe, unless connection is made with the chimney. (If possible connection for ventilation should lead to chimney or outside building in order to carry off explosive gases formed by the incomplete combustion of the film). Machines: To be equipped with feed and take-up reels in metal boxes, joints of same to be riveted or flanged. A shutter must be placed in front of the condenser, arranged so as to be normally closed and held open by pressure of the foot. Electric Wiring : Must be in accordance with the N. E. code and all wire employed within the booth must have an approved slow -burning insulation and secured in place entirely on insulated supports. No portable cord will be permitted within the booth unless the same is pertinent to a proper con.- nection to the lantern itself. Extra Films : Must be kept in a metal box with tight- fitting covers. REVISED CITY ORDINANCES 193 Ordinance No. 57. An Ordinance Declaring the Emission of Dense Smoke within the City of Dubuque a Public Nuisance, Prohibiting the Same and Providing for the Appointment of a Smoke Inspector. Be it Ordained by the City Council of the City of Dubuque : § 410. NUISANCE. Section 1. The emission of dense smoke from the smoke stack of any locomotive or engine, or from the smoke stack of any stationary engine, or from the smoke stack, chimney or fire -place of any building or plant anywhere within the City shall be deemed, and is hereby de- clared to be a public nuisance, and is hereby prohibited, except as hereinafter provided. § 411. WHO RESPONSIBLE. Sec. 2. The owner or owners of any locomotive engine, and the general manager, superintendent, yard -master or other officer of any rail- road company having charge or control of the opera- tion of any locomotive engine, who shall cause, permit or allow dense smoke to issue or be emitted from the smoke stack of any such locomotive engine within the City, except as hereinafter provided, shall be deemed and held guilty of creat- ing a public nuisance, and of violating the provisions of this ordinance. § 412. SAME. Sec. 3. The owner, lessee or occupant of any building or plant, and the, fireman, engineer or any other person having charge or control of any furnace, fire -place. or stationary engine, who shall shall cause, permit or allow dense smoke to issue or be emitted from the smoke stack, fire -place or chimney of any such building or plant, or from the smoke stack, fire -place or chimney connected with any such plant, furnace or stationary engine within the City of Dubuque, except as hereinafter provided, shall be deemed and held guilty of creating a public nuisance, and of violating the provisions of this ordinance. § 413. SMOKE INSPECTOR. Sec. 4. There is hereby es- tablished a Department of Smoke Inspection, the head of which shall be known as the Smoke Inspector. 13 194 REVISED CITY ORDINANCES § 414. APPoiNTED. Sec. 5. The Council shall appoint the Smoke Inspector who may be a person already holding office or in the employment of the city, if the council so elects. His salary shall be fixed by the Council. Pending the appoint- ment of such smoke inspector, his duties shall be performed by the Chief of Police. § 415. ABATEMENT COMMITTEE, Sec, 6. The mayor shall appoint a smoke abatement committee, composed of five (5) members, who may or may not be members of the Council, and shall act as advisors to the smoke inspector in the conduct of the department.. The smoke inspector shall at all times re- ceive, place and keep on file in his office all suggestions, recom- mendations, advice and other communications which may he -presented to him in writing by the smoke abatement committee. The members of the smoke abatement committee shall serve without pay. § 416. Eouumr,.NT. Sec. 7. The City shall provide such instruments, books, papers and equipment as shall be necessary for the proper performance of the duties of the smoke inspector, and he shall have charge of such instruments, books, papers and equipment, and shall deliver the same to his suc- cessor in office. § 417. RECORDS. Sec. 8. The smoke inspector shall cause to be kept in his office a complete record of all complaints filed and of all examinations of plants made. He shall make a re- port of the work of his department to the Council, annually, on or bLfore the first day of March, and at other times as often as required by mayor or city council. § 418. TERMS 1,EVINED. Sec. 9. fi'Or the purposes of „ this ordinance "Chart” when used means Ringelmann's Smoke Chart as. published and nsed by the -United States Geological Survey. "Dense Smoke" means smoke of a degree of density of No. 3•of Ringelmann's Chart, or greater. "Stack" means any chimney, smoke stack or other structure whether of brick, metal or other material intended for the emission of smoke. Smoke -stacks on -locomotive round houses shall be deemed stacks and a part of the locomotive beneath them for the time being. REVISED CITY ORDINANCES i95 § 419. HOW APPLIED. Sec. 10. The emission of dense smoke of a degree of density of No. 3 of the Chart or greater, for more than six (6) minutes in any one hour from any stack, chimney, smoke stack or other structure for the purpose of emitting smoke, except as hereinafter providecl, is hereby pro- hibited; provided, that the stacks of locomotives moving trains of six cars or more may be permitted to emit smoke in any five minute period for twenty (20) seconds in excess of that al- ready providecl for in this act, and that stacks of locomotives in and about round houses may emit smoke of a degree of density of No. 3 of the Chart or greater for sixty (6o) minutes during the period when the fire is being built or rebuilt after cleaning the boiler. The number of minutes or seconds during which the smoke may be emitted in any period as provided in this section shall be deemed to mean the aggregate number of minutes or seconds, and such minutes or seconds need not be consecutive. § 420. DISTRICTS. Sec. 11. The council may by reso- lution divide the City into districts and may except from the provisions of this ordinance brick and tile kilns or other plants within districts outside of the central part of the City. § 421. ENVORCEIVIENT. Sec. 12. It shall be the duty of the Smoke Inspector to enforce the provisions of this ordinance upon his own initiative and also to investigate all complaints made by others with referrence to any violations thereof. Upon the filing with said inspector of a complaint, it shall be his duty to proceed at once to take observations of. the stacks or chimneys complained of, testing the 'density of the smoke by the Chart hereinbefore referred to, and it shall be his duty to keep a record of all such observations, which observations and records shall be open to public inspection at reasonable time and under reasonable regulations. It shall he the inspector's duty to prosecute all persons violating the provisions of this ordinance regulating the emission of dense smoke, and in all cases where the punishment by fine -fails to abate the nuisance, he shall cause to he brought in the District Court in and for Du- buque County, an action for the abatement thereof. All such prosecutions shall be in the name of the City of. Dubuque, § 422. TEMPORARY PERMITS. Sec. 13. Temporary per- mits for the emission of smoke covering periods not exceeding 196 REVISED CITY ORDINANCES six months, may be granted by the council to any person duly applying for the same and 'satisfying the council that he will make changes or improvements to prevent the emission of smoke in violation of the provisions thereof, but no permits shall be granted unless the council is satisfied that public convenience requires it, and permits so granted shall be for a period not ex- ceeding six months. § 423. PENALTY VOR VIOLATION. Sec. 14. Any person, firm or corporation violating any of the provisions of this ordinance, except as herein otherwise provided, shall be fined not less than $io.00 nor more than $ioo.00 for each offense. Note : Code Sec. 1913, Sec. 713a. REVISED CITY ORDINANCES 197 TITLE XIX. TAXES. Ordinance No. 58: An Ordinance Providing for the Assessment of Property for Taxation, Levying Taxes Thereon and Collecting the Same. Be it Ordained by the City Council of the City of Dubuque : § 424. ASSESSOR SHALL REPORT TO THE COUNCIL. Section i. When the City Assessor has listed and valued all taxable property as provided by Ordinance No. 13 and has transcribed the sante into the tax books, he shall report to the Council that the same are ready for the Board of Equalization. The work of the Assessor shall be completed and the report filed not later than the second regular Council meeting in August of each year. § 425. BOARD Or EQUALIZATION. Sec. 2. The City Council, shall at the second regular meeting in August of each year ap- point a Committee on Assessments, which shall consist of the en- tire City Council of the City of Dubuque. Such Committee shall be and constitute the Board of Equalization of taxes and shall have power to equalize the assessments made by the Assessor, by increasing or diminishing the value of any item of property in any tax roll, or to cancel the entire assessment of any person, firm or corporation, as it may deem just and necessary for the equitable distribution of the burden of taxation upon all the property in the City. The Recorder shall be the Clerk of such Committee and shall keep a record of its proceedings, including all oral remonstrances, and he shall file and perserve all written remonstrances or other documents filed with the Committee. The Assessor shall attend all meetings of the Committee and shall: assist in the work of the • Committee as provided by this ordinance and as prescribed by the laws of Iowa. 198 1 ' REVISED CITY ORDINANCES § 426. .NOTICE Or MEETING. Sec. 3. The Recorder as the Clerk of the Board of Equalization, shall publish a notice in at least two newspapers, in the City of Dubuque of the time and place of the meeting of the Board, for three days proceed- ing the day upon which the Board will commence its meeting. Such notice shall also state that all persons who feel aggrieved by the action of the Assessor in valuing their property may come before said Board and present their objections. Any per- son who fails to appear before the Board of Equalization and present his objections, either orally or in writing, to any assessment made upon any property belonging to him, or under his control or management, shall be forever barred from ques- tioning said assessment, and said assessment shall be final and shall not be disturbed or reviewed, at a later period, by the City Council. § 427. DuTiias or BOARD. Sec. 4. At the time and place stated in the notice published. by the Recorder, the Board of Equalization shall choose one of its- members as chairman of the Board. If any person, firm or -corporation, shall appear before the Board of Equalization and enter oral or written ob- jections to any assessment as made by the Assessor, it shall be the duty of the Board to hear such objections and determine whether or not the assessment, as made, is correct, and in event that said assessment is found to be incorrect, the Board may correct the same and. shall report such assessment to the City Council as thus corrected and equalized. The Assessor shall read the name of every person, firrn or corporation, listed in the tax books prepared by him and the Board of Equalization shall decide what items or what entire as- sessments should in its opinion be raised or dimished,. and what property, if any, should be added to, the tax books. In case the value- of any item of property, or the entire assessment of any person, firm or corporation is raised, or any property is added by the Board of Equalization, the Clerk of the Board shall give immediate notice thereof, to such person, firm or corporation by mail, to the Post Office address shown on the assessment rolls, and at the conclusion of the work of the Board, the Clerk shall post an alphabetical list of • those whose assssnients are raised or added, 'in a conspicuous place in the office or place of meeting of the Board and enter upon the records a statement. that- such notice was posted, which entry shall be conclusive evidence of the giving of the REVISED CITY ORDINANCES 199 notice required. The Board of Equalization shall hold an ad- journed meeting not less than, one week after the posting • of said notice at which time final action with reference to the raising of assessments or the adding of property to the assLss- ment rolls shall be taken and the posted notice shall show the time and place .of holding such adjourned meeting, which time and place shall also be stated in the proceedings of the Board. 428. OBJECTIONS TO ASSISSMENT. Sec. 5. Any per- son, firm or corporation whose assessment has been raised by the Board of Equalization, shall have the right to appear before said Board at its adjourned meeting and present oral or written objections to the assessment as made by the Board, and in event that no objections are made before said Board at that time, said assessment shall stand as made by said Board. Upon hearing the objections to an assessment as made by the Board, the Board shall have the right to reconsider its decision and to equalize such assessment as it may deem to be just and equit- able. § 429. RIGHT oi' APPEAL. Sec. 6. Whenever an ob- jection to an assessment, either made by the Assessor or in- creased or added by the Board of Equalization, has been over- ruled by the Board, the person, firm or corporation whose as- sessment is made or added shall have the right to appeal from the action of the Board of Equalization, in regard to such as- sessment, to the District Court of Dubuque County, Iowa, pro- vided such appeal is perfected within 20 days after the Board of Equalization has finally adjourned its meeting, which ap- peal shall be prosecuted as provided in Section 1373 of the Code of Iowa, 1913. 43o. COUNCIL, SHAM, LEVY TAX. Sec. 7. When the Board of Equalization has completed its work, it shall make a full report to the Council, and said report when approved by the City ,Council, shall stand as the assessment roll for the year. When said assesment is approved by the Council, it shall levy the requisite tax for the year as provided by Section 1003 of the Code of Iowa, as amended, which levy shall be made not later than the loth day of September in each year. 431. ASSESSOR SHAI,I, COMPLETE BOOKS. Sec. 8. After the tax is levied by the Council, the Assessor shall im- • 200 REVISED CITY ORDINANCES mediately proceed to complete the tax lists by carrying out in the tax books, the tax levied by the Council for the year, as provided by Ordinance No. 13. Such work shall be completed by the Assessor not later than December 1st of each year; and --when completed the Assessor shall turn the tax books over to the Auditor. § 432. CORRECTION Or ERRORS. SeC. 9. The Auditor shall correct any clerical errors in 'any assessment as it appears in the tax books, and make such other corrections as may be ordered by the City Council. When any such corrections are made affecting the amount of any tax, after the books shall have been placed in the hands of the Treasurer, the Auditor shall charge the Treasurer with all sums added to the several items of tax,and credit him with all sums deducted therefrom, and shall report the same to the Council. § 433• DUTIES or AUDITOR. Sec. Io. After the tax books are completed, and before said books are placed in the hands of the City Treasurer for collection of taxes therein, the Auditor shall designate each lot or parcel of real estate which has been Sold for taxes, and not redeemed, by writing in a plain manner opposite to each piece or parcel the word "sold" and after the completion of said tax books, shall enter upon the same a war- rant to the Treasurer, which shall be subscribed by the Mayor, attested by the Recorder, with the seal of the City affixed there- to, and deliver the same to the Treasurer,. charging him with the taxes thereon, and take his r eceipt• therefor, and such list shall be full and sufficient authority for the Treasurer to collect the taxes therein levied but no mere informality therein, or the failure of either of the officers above mentioned to sign the same, or the failure to affix the seal of the City, or delay in de- livering elivering the tax list, shall affect the validity of any taxes levied, or tax sales made or other proceedings commenced for the col- lection of taxes under this Ordinance. It shall be the duty of the Auditor to turn over the tax books to the Treasurer on or before the 15th day of December in each year, but a delay in delivering said tax list on the day above mentioned shall in no manner affect the validity of the tax. § 434 DUTIES or TREASURER. Sec. i i. Immediately after receiving the tax list the Treasurer shall, each year, enter upon the same, in separate.columns, opposite each lot or parcel REVISgD CITY ORDINANCES 201 of real estate, upon which the tax remains unpaid for any pre- vious year or years, the amount of such unpaid tax. The As- sessor shall also add omitted property, after giving notice as required by the Code of Iowa. § 435. SHALL ENTER DEI,INCUENT TAX. SCC. I2. After the Treasurer receives the tax list from the Auditor he shall enter in a book, kept in his office, as a part of the records there- of, and known as "Delinquent Personal Tax List," all de- linquent taxes for any preceding year, and such entry shall give the names of delinquents alphabetically arranged, with the amount of tax and for what year or years the same are delin- quent, and such tax when so entered shall be a lien on any real estate owned or acquired by such delinquent until the same has been cancelled, and such taxes not so entered for each year shall cease to he a lien on real estate. § 436. SHAI,1, ASSESS OMITTED PROPERTY. Sec. 13. The Treasurer shall assess any property subject to taxation which may have been omitted by the Assessor, Board of Equal- ization, or Auditor, and collect taxes thereon, but in such cases he is required to note opposite_ such assessment the words "By Treasurer," and to notify the Auditor of such assessment, and the amount thereof, providing, however, that no assessment shall be made by the Treasurer, more than two years after the tax list shall have been -delivered to him for collection. § 437. COLLECTION or TAXES. Sec. 14. When the tax list has been prepared by the Treasurer, the Treasurer shall give notice in at least two newspapers of the City continued for one month, commencing on the first day of January, that he is prepared to receive taxes. No demand for taxes shall be necessary, and it shall be the duty of every person, firm or cor- poration subject to taxation, to attend at the office of the Treasurer, at some time between the first Monday in January and the first day of March following and pay his or its taxes in full. All taxes upon real and personal property shall become delinquent after March 1st provided, however, that if taxes are paid in full on or before the first day of April following no interest or penality shall be charged such delinquent. On the other hand, if taxes are not paid in full on or before April first, then such taxes shall be considered delinquent from March 1st and shall be charged with interest and penalty as hereinafter provided. Whenever any taxes have become delinquent, the 202 REVISED CITY ORDINANCES Treasurer shall collect, in addition to the taxes levied, interest as a penalty, for nonpayment, of to per cent. per annum on the whole amount thereof, including interest already accrued and the Treasurer is authorized to continue to receive taxes after they become delinquent, until collected by distress and sale. 4.38. OWNERS SHALL LIST OMITTED TAXES. Sec. 15. In all cases where real property subject to taxation have not been assessed by the Assessor, Auditor or Treasurer it shall be the duty of the owner thereof, by himself or agent, to have said property assessed by the Treasurer and pay the taxes there- on, and no failure of the owner to have such property assessed or any error in an assessment correct, and no irregularity, error or omission in the assessment of such property, shall 'affect in any manner the legality of the taxes levied thereon. § 4.39. SHALT, GivE RECEIPT. Sec. i6. When any taxes are paid, th.e Treasurer shall, in all cases, make out and deliver to the tax payer, a receipt, stating the time of payment, the description and assessed valuation of each lot or parcel of land and the assessed valuation of personal property, the amount of each kind of tax, the amount of interest and costs; if any. He shall give a separate receipt for each year, and shall make the proper entries of such payments on the books of his office. Such receipt shall he conclusive evidence of the full payment of the tax for that year, but the Treasurer shall have the right to receive the full amount of any tax, for any previous year, whenever the same is tendered, and give a separate receipt therefor, but such a receipt shall not operate as a cancellation of any tax for any subsequent year. City warrants may he received by the Treasurer, in full payment of all taxes for cur- rent City expenses, but money only shall be received for the taxes levied for the purpose of paying the debts of. the City. The Treasurer shall, when any person offers to pay taxes on any real estate marked "sold" notify such persons that such property has been sold for taxes, and inform him fot3 what taxes said property was sold, and at what time said sale was. effected, and refer him to the Auditor for the amount thereof. § 440. ERROR IN TAXES PAID. Sec. 17. When the tax or any part thereof on any property is cancelled or remitted by the Council, for good cause shown, after the tax book is de- livered to the Treasurer, the Recorder shall notify the Treas- urer in writing, giving the name of the owner and the de - REVISED CITY ORDINANCES 203 scription of the property and the Treasurer shall thereupon notify the Auditor of the same, and the Auditor shall there- upon give the Treasurer credit for the amount of tax collected. Whenever it is found that ,any tax has been erroneously or illegally exacted or paid, the Council shall direct the Treasurer to refund, to the tax payer, such tax or portion thereof and all interest and costs actually paid thereon, which payment shall be made from the expense fund. In cases where real property, subject to taxation, shall have been sold 'for the payment for an erroneous amount of tax, interest or costs, the error in the tax may, at any time be corrected, but this correction shall not affect the validity of the sale, or the right or title conveyed by the Treasurer's Deed, if the property was subject to taxation for any part of the taxes for which the land was sold, and the taxes had not been paid before the sale, and the property had not been redeemed from the sale. §441. TAXES SHAI,i, BE LIEN, Sec. 18. Taxes upon real property shall be and constitute a lien thereon, and taxes due from any person upon personal property shall be a lien upon any real property owned by such person or to which he may ac- quire a title, from the time of the levy thereof. Taxes -upon real estate shall he a lien thereon against all persons except the State. Taxes due from any person upon personal property, shall be a lien upon any and all real estate owned by such persons or to which he may acquire title. As against a purchaser, the lien of taxes for each year shall attach to real estate on and after the 31st clay of December of that year. Taxes upon stocks of goods or merchandise, fixtures and furniture in hotels, room- ing houses, billiard halls, moving picture shows and theatres shall be a lien thereon and shall continue a lien thereon when sold in bulk, and may be collected from the owner, purchaser or vendee of any of such goods, merchandise, furniture of fix- tures • shall be personally liable for all taxes thereon. In all cases where a building is assessed as personal property, the taxes shall be and remain a lien on said building from the date of levy until paid. 4.4.2. AUDITOR SHALL Kz EP ACCOUNTS. SCC. 19. The Auditor shall keep full and complete accounts with the Treas- urer of each fund or tax, separately, in each of which accounts he shall charge himself with the amount in his hands at the opening of such account, whether delinquent taxes, cash, or 204 REVISED CITY ORDINANCES other assets belonging to such fund, and shall add thereto the amount of each tax for each year, when the tax hooks are re- ceived by him, and all additions to each tax or fund, whether by additional assessments, interest on delinquent taxes, amount received for licences, or other items, and shall credit the Treas- urer on proper vouchers for any money disbursed, for double or erroneous assessments when corrected, when such correction or remission causes a diminution of the tax,. and for unavail- able tax, or such as have been properly and legally assessed but Which is not collectible. § 443. TAX SALES—NoncE. Sec. 20. On the first Mon- day in December of each year the Treasurer shall offer at pub- lic sale, at his office, all real estate within the City upon which taxes of any description for the current year or any proceeding year or years remains due and unpaid and such saleshall be made for and in payment of the total amount of taxes, interest, and costs due and unpaid on such property. The Treasurer shall give notice of the time and place of such sale, which notice shall contain a description of each separate lot or parcel of real estate to be sold, as taken from the tax list, the amount of taxes for -Which it is liable and delinquent for each year, and the amount of interest and costs thereon with the name of the owner of such property, if known or of the person, firm or cor- poration in whose name it is taxed. Such notice shall be given by publication in an official newspaper, of the City, once each week for three consecutive weeks, the last publication of which shall be at least one week before the day of sale, and by im- mediately posting a copy of the first publication of such notice at the door of the office of the Treasurer. No irregularity in such notice shall affect the legality of the sale or the title to any real estate conveyed by Treasurer's Deed, and -in all cases the notice shall be considered a sufficient notice to the owner of any property included therein. The cost of such pub- lication shall not exceed 20 cents for each description of real estate, and shall be paid by the City and the amount paid for each description shall be collected by the City as a part of the costs of sale. The Treasurer shall obtain a copy of the notice of sale as published, with an affidavit of the publisher, and file the same in the office of the Auditor, which proof of publication shall be substantially in the form provided by Section 1420 of the Code of Iowa of 1897. REVISED CITY ORDINANCES 205 § 444. TAXES MAY BE PAID BORE SALE. See. 21. Any person owning real estate advertised for sale by the Treas- urer, may pay, the taxes thereon, together with interest, cost of advertising and other costs which have accrued, to the Treasurer at any time before the sale thereof. § 445. TAX SALE—How CONDUCTED. Sec. 22. The Treasurer at the hour of 10 o'clock in the forenoon, on the day of sale shall offer for sale separately, each lot or parcel of real estate advertised for sale, on which the taxes have not been fully paid at the time of the sale. The person who offers to pay the amount of the taxes, which are a lien on any tract or parcel of real estate, for the smallest portion thereof, shall be the purchaser, and when such purchaser shall,designate the portion of any lot or parcel of real estate for which he will pay the whole amount of taxes for which it may be sold, the portion thus designated shall be an undivided portion. The person purchasing any lot or parcel of real estate shall forth- with pay to the Treasurer, the amount bid and if he fails to do so such lot or parcel of real estate shall at once be again offered for sale, as if no sale had been made. The Treasurer shall continue the sale from day to day as long as there are bidders, or until all taxes arc paid. When all the real estate advertised has been offered for sale, and a part remains unsold for want of bidders, the Treasurer shall adjourn the sale to some day not more than two months from the date of ad- journment, and due notice of the day named shall be kept posted in a conspicuous place in the office of the Treasurer, but no further or other notice of such adjournment shall be necessary. On the day fixed by the adjournment, the Treasurer shall pro- ceed to sell all lots or parcels of real estate remaining unsold, in the manner above provided. Further adjournments may be made from time to time, of not more than. two months for each adjournment, and the sale thus continued until all of the property is sold or taxes are paid. § 446. CITY MAY PURCHASE AT TAX SALE. Sec. 23. That whenever any property is advertised for sale for de- linquent special assessment, the City shall have the right, through its attorney, to buy in any such property so advertised at any such tax sale, as he deems advisable, providing, how- ever, that any other purchaser shall be given a preference at such sale as against the City. Whenever property is adver- a I ! E - . [7_ 206 REVISED CITY ORDINANCES tised for sale for delinquent special assessment and improve- ment bonds have been issued as provided by law and such bonds are redeemable out of the fund which is created by the pay- ment of special assessments which have -been levied against property subject to assessment, and in default of the payment of such assessments by the property owners it becomes the duty of the City to redeem such bonds out of its own funds, then the City in becoming the purchaser at any tax sale shall have the right to have a certificate of sale issued to it and all that is required to be clone to make such purchase complete is that the Treasurer indicate upon his records where such assess- ment is found, that the City bicl in such property, the amount of the tax, together with interest and penalty for which the sale was matte, and the City shall thereupon assume the liability of paying the bonds which are outstanding and covered by the assessments upon this property, providing, however, that the owner of such property may redeem the same as provided by law. The purpose of this section is :to relieve the City from paying from the general fund any money where the assessment is covered by a bond. The securing. of a tax deed and paying of subsequent taxes shall be as provided for in Section 53 thereof. § 447. AUDITOR SHALL KEEP RECORD or SALES. Sec. 24. The Auditor shall keep a record, in a book, kept by him for that purpose of all lots or parcels of real estate contained in the proof of publication of the notice of sale, filed in his office, and when the taxes on any of such lots or parcels of real es7. tate are paid before the time of sale, he shall enter the same in such book, showing that such taxes, interest and costs have been paid. He shall also keep a record in such book of all lots or parcels of real estate sold by the Treasurer and shall make an entry f.or each description of real estate, showing the date when the same was sold, the person to whom sold and the amount of tax, interest and costs for which such lot or parcel was sold, and the elate of payment _ by the purchaser. The Treasurer shall keep a book in. which he shall keep a record of all tax sales in the same manner. If because of the neglect or failure of any officer to perform any of his duties in regard to the assessment or levy of taxes or other good cause, real estate cannot be advertised and offered for sale by the Treasurer on the first Monday of December in any year the Treasurer REVISED CITY ORDINANCES 207 may hold such sale on the first Monday in the next succeeding month in which the required notice can be given. § 448. DELINQUENT PERSONAL, TAX. Sec. 25. The Treasurer shall collect delinquent personal property taxes, by the sale of any of the property upon which such taxes are levied, or any other personal property upon which such taxes are levied, or any other personal property of the person, firm or corporation, against whom such taxes are assessed, and he is required to take the same by distress and hold the sane, unless exempt from taxation, and the tax list shall be sufficient war- rant for such distress. § 449. How SALE SHALL BE CONDUCTED. Sec. 26. When the Treasurer distrains goods he may keep them at the expense of the owner, and shall give notice of the tune and place of sale within five days after the taking, in the manner constables are required to give notice of sale of personal prop- erty under execution. The time of the sale shall not be more than twenty clays from the clay of taking, but he may ad- journ the sale from time to time,' not exceeding five clays in all, and shall adjourn at least once, when there are no bidders, and, in case of adjournment, he shall post a notice thereof, at the place of sale, announcing the time to which the adjournment is ordered. -At the time named for the sale, the Treasurer shall proceed to sell the same to the highest bidder, unless the owner shall give a sufficient bond for the delivery of the same before such time, and any surplus, remaining after the taxes, charges of keeping, and fees and expenses of sale are paid, shall be paid to the owner and the Treasurer shall, on demand, render an account in writing of the amount received from the sale and the amount deducted therefrom. § 450. TREASURER MAY ASIS ASSISTANCE. SeC. 27. If any person shall resist the Treasurer in the seizure of personal property by. distress, he may require any person to assist him in the performance of his duties, and if any person, when re- quested, shall refuse to aid him, such person shall be guilty of a misdemeanor. § 451. TREASURER MAY SUE FOR PERSONAL TAXES. Sec. 28. In addition to all proceedings for the collection of taxes on personal property, herein provided for, the Treasurer may bring a suit at law against any person, firm or corporation 208 REVISED CITY ORDINANCES who shall fail to pay taxes assessed against personal property belonging to him or it, when due, and prosecute the same in his name, as Treasurer, for the use and benefit of the City, and the same shall be commenced, tried and prosecuted the same as an ordinary action at law, in any court of competent jurisdiction. 452. MAY EMPLOY TAX COLLECTORS. Sec. 29. The Treasurer may appoint one or more persons as collectors, to assist in the collection of delinquent personal property taxes, who shall receive as compensation 5 per cent of the amount of the taxes collected and paid by him into the treasury, which 5 per cent he shall collect from the person, firm or corporation, paying the tax; together with the whole amount of delinquent taxes and penalty. The Council may authorize the appoint- ment by the Treasurer of one or more persons, to collect, such delinquent personal property taxes as it may designate, and in such case the collectors so appointed shall receive as compensa- tion, not to exceed 10 per cent of the amount collected which sum shall not be paid or allowed until all of the taxes collected have been paid over to the Treasurer, by such collector, and the amount allowed, as such compensation, shall be deducted from the taxes collected by such collectors. Note : Assessment of Taxes. City has power to assess property for taxation purposes. Charter Section 24. Property should be listed by Assessor. Code Section 'oil. Code Title 7, Chapter i. Equalization of Taxes. Council has power to fix time of equalizing taxes. Code Section I010. Taxes shall be equalized by the Council as provided by ordinance. Code Section 1012. Recorder shall be Clerk of Board of Equalization. Code Section 1371. Manner of equalizing assessments. Code Sec. 137o. Notice shall be given of assessments raised by the Board. Code 1913. Section 1372. REVISED CITY ORDINANCES 209 Increase of assessment is not valid unless notice is given. C. R. & M. C. Ry. vs. Redmond. 120 Iowa, 601. Persons whose assessments are raised have the right to appear before the Board. Code 1913, Sction 1373. Henkle vs. Keota 68 ,Iowa, 334. If such person does not appear before the Board, action of Board is final. Sherman vs. Polk County. 99. Iowa, 6o. Right to appeal from action of Board. Code 1913, Sec- tion 1372. Action of Board is final unless appealed from. Tally vs. Brown, 146 Iowa, 36o. Missouri Valley & B. R. & B. Co. vs. Harrison County. 74 Iowa, 283. Levy of Taxes. City has power to levy and collect taxes. Charter Section 7, Par. 23. Code Section Imo. Levy of general taxes. Code 1913, Section 1003. What special taxes may be levied. Code Section 1005. Amount of taxes that may be levied. Code 1913, Section 1003. Collection of Taxes. Code Title 7, Chapter 2. City shall provide by ordinance when taxes become de- linquent. Code 1012. City may charge interest as a penalty on delinquent taxes. Code Section 1012. Treasurer shall give a receipt for taxes. Code Section Ioi6. Lien of taxes. Code Section 1015. Tax Sales. City may sell property to pay delinquent tax. Code Sec- tion 1012. Manner of making sale. Code Section 1012. How property is sold. Code Section 1423. Sale may be adjourned. Code Section 1428. Treasurer shall issue certificate. Code Section 1017. Property sold may be redeemed. Code Section 1019. Tax deed. Code Section 1091, z4 210 REVISED CITY ORDINANCES Ordinance No. 59. An Ordinance Relating to the Making of Special Assessment for Various Purposes. Be it Ordained by the City Council of the City of Dubuque : § 453. WHEN APPLICABLE. Section I. That w,henever it is necessary or deemed advisable for the Council to make an assessment against any piece of property for any special purpose, such as making gas, sewer, water or sanitary connections, the cutting of weeds, draining of lots, cleaning of premises, abating nuisances, repairing or destroying build- ings; removing snow and ice from sidewalks, cleaning vaults or for any other purpose authorized by law or ordinance or the rules of the Board of Health and no method is prescribed for the assessment and collection of such 'cost, the method shall be as follows: The amount of the cost and expenses shall he reported to the Council by the person or officer directed to do such work or who has had the work done. § 454. METHOD OP MAKING ASSESSMENT. Section 2. The Council shall then direct the Recorder to give 10 days notice either by two publications or by mailing a notice that the proposed assessment is to be made, stating the amount and for what purpose the expense was incurred and that objections may be made in writing and filed with the Recorder during said to days, and when the Council has considered such ob- jections, and made any corrections therein, the assessment chargc shall be .collected in the same manner and with like penalties as general city taxes. Note: May assess.cost of making gas, sewer and water connections. Code, Sec. 809. Cutting Weeds. Code, 1913. Sec. 696. Removing snow and ice. Code, Sec. 781. Removing or repairing dangerous buildings. Code, Sec. 710. Enforcing rules of board of health. Code, Sec. 1044. Abating nuisances, Code 1033; Levy of special assessments. Code, Sec. 971 as amended. REVISED CITY ORDINANCES 211 TITLE XV. LICENSES AND REQULATIONS OF CERTAIN BUSINESS. Ordinance No. 6o. An Ordinance Prescribing the M.anner in Which Licenses Shall be Issued anti Providing for the Forfeiture of the Same. Be it Ordained by the City Council of the City of Dubuque: § 455• WIPsT MAK4 AvtvgAnoN. Section i. All per- sons, firths or corporations who are required under any or- dinance, of the ity to procure a license, for the purpose of en- gaging in any business* vocation shall first make application tothe'License Clerk and shall receive from him an order upon the Recorder, to issue the license described in said order, when the requiredlicense fee has been paid tope Treasurer. § 456. RitcoRpliR SHALT, IssuE. Sec. 2. The Recorder 41,411 issue all licenses provided for in the ordinances of the City, when presented with an order for the same and a receipt of the 'T`rqa:§14.rq- showing that the person, firm or corporation Applying for such license has paid the license fee, fixed by Or- linappc, or such part thereof as shall entitle said persou, firm on corporatioh to the license applied fpr. Provided, 'however, that wheneyer the perIllission of the Council or a bond is re- kitlire-ci y ordinance before such license can be issucd, such bond shall have been filed with the Recorder, or such permis- sion shall have been granted by the Council. § 457. TEZ-1CORDIR SHALL IcEP RECORD. Sec. 3. Every license shall be signed by the Recorder and the seal of the City affixed, and the same shall be registered in a record kept for that purpose in the office of the Recorder. An alphabetical index of licenses showing the number of the license, the date issued, the • 212 - REVISED CITY ORDINANCES date of expiration and the name of the person, firm or corpor- ation to whom issued, shall also be kept in the Recorder's office. § 458. WIMN L10ENSli;S EXPIRE. Sec. 4. All annual licenses, provided for by ordinance; shall expire on the 31st day of December in each year, and every person who is required to procure a renewal of such license shall pay for the same on or before the loth day of January following. Provided, how- ever, that any person, firm or corporation engaged in a business for which a license is required for only six (6) months the license fee shall be one-half of the annual fee, and if engaged only three (3) months then it shall be one-fourth the amount of the annual fee. If any person, firm or corporation fail to pay such fee within thirty (3o) days from the time said license becomes due and payable there shall be added to the license fee as a penalty, for the first month of delinquincy 57o of the license fee, for the second month 3%, for the third month 2% and for every month thereafter one per -cent until paid, and such license fee and penalty shall be collected at one time. § 459. LICIWS.E CANNOT IU TRANSVERRED. Sec. 5. That no license issued to any person under the terms of this ordinance shall be transferred or assigned to any other person, firm or corporation. Whenever a person, firm or corporation holding a 'license shall sell, lease or transfer his business to any other person, firm or corporation, that such license shall be cancelled and the purchaser or leasee shall be required to secure a new license and pay the license fee provided by ordinance. § 46o. -MAY Bi RENTOD. Sec. 6. Any license issued under this ordinance may be revoked by the Mayor or Chief of Police, whenever the holder of such license is not conducting his business as required by the ordinances of the city, and upon conviction of a violation of any ordinance relating to licenses, before any Court, said license shall be thenceforth null and void, and the holder of such license shall not be granted another license to engage in the same business or voca- tion for which said license was issued for a period of at least six months thereafter. That if a license is cancelled by the Mayor or Chief of Pblice, or become null and void as herein provided, the license fee which has been paid shall be forfeited to the City. Note: City may forfeit license for violation. Ottumwa vs. Schaub. 52 Iowa, 515. REVISED CITY ORDINANCE'S 213 Ordinance No. GI. An Ordinance Licensing and Regulating Certain Designated Business and Vocations and Providing Penalties for Vio- lation Thereof. Be it Ordained by the City Council of the City of Dubuque: § 461. Section T. That it shall be unlawful for any ' person to be engaged in any business or vocation hereinafter named, without first procuring a license and paying the license fee therefor, for such business or vocation, as follows : Auctioneers. a. Auctioneers selling household goods or merchandise for resident citizens, at their residence or place of business shall pay a license fee of $5.00 per day or $25.0o per year. b. Auctioneers selling live stock or merchandise upon an street, alley, sidewalk or public grounds, or in any building or lot rented for such purpose shall pay a license fee of $io per clay, except as hereinafter provided. c. Auctioneers who sell goods, at auction, which are brought into the City for that purpose, and upon which no tax has been paid or levied for the current year, within the City of Dubuque, shall pay a license fee of $25.00 per day while engaged in the sale of such goods. Billiard and Pool Rooms. Proprietors of public places, where billiard or pool tables are maintained and money is charged for the use of, or for playing on the ,same, shall pay a license fee of $5.00 per annum for each table, payable in ad- vance. Book Agents. Itinerant agents for the sale of books, maps or other publications, except local newspapers or magazines, by subscription, or otherwise, shall pay a license fee of $2.oO per day or $io per month. Bowling Alleys. Proprietors of public places where bowl- ing alleys, box ball alleys or the like are maintained and money is charged for the use of, or for playing on the same, shall pay a license fee of $5 per annum for each alley, payable in ad- vance. 7 • 214 REVISED CITY ORDINANCES Shooting Galleries. Proprietors of shooting galleries shall pay a license fee of S25.0o per annum, payable in ad- vance. Merry -Go -Rounds. Proprietors of merry-go-rounds, circular swings, rolling coasters or similar devices, shall pay a license fee of 32.00 per day or $25.0o per month. • Skating Rinks. Proprietors of skating rinks shall pay a license fee of $2.0o per day or $25.00 per month, or $5o.00 per year.. , Itinerant Doctors. Itinerant doctors or itinerant phy- sicians or surgeons shall pay a license fee of $25.00 per month in advance. All doctors, physicians or surgeons, who adver- tise as specialists, or otherwise and who 'travel from place to place, at intervals, shall be deemed traveling 'or itinerant doctors and shall he subject to pay a license fee as herein provided. Powder Magazines. All persons maintaining a powder 'magaine for storing powder, for sale, shall pay, a license fee 'of $25.0o per annum. Fortune Tellers, Etc. All persons who profess to practice the business or art of fortune telling, palmistry, 'clairvoyance,. or similar profession or art, for a 'consideration, shall pay a license fee of $5:0o per day,. $25.00 per week, or $5o.00 per month in advance. Billposters and Distributers. All persons engaged in 'the business Of posting bills or the business of distributing hand bills, samples or advertisements of any kind, shall pay a license of S25.00 per annum in advance. Shoe Shiners. All persons who engage in the business -of shining, polishing, or cleaning boots or shoes upon any public street, avenue, alley or sidewalk or upon any part thereof shall pay a license fee of $25.00 per annum in advance. Dairies and Milk Peddlers. Proprietors of dairies aria. all other persons, who sell milk and milk products, froth doai- to door, shall pay an annual license fee of S5.00 for each wagon or other vehicle, used by him or it, in the sale of milk or milk products. § 462. P1 NA1,TY FOR VIOLATION. Sec. 2. That any person, firm or corporation, or any officer or agent or employee REVISED CITY ORDINANCES 215 thereof who shall engage in any of the businesses named in ' this ordinance, without first securing a license shall be deemed to be guilty of a misdemeanor, and shall upon conviction be fined not less than $10.00 nor more than $100.00. Note : Charter Sec. 7, Par. 18-'19-24. Code Section 700 to 703 and amendments. Where City is author- ized to impose license on trades and occupations such regulations must be reasonable, fair, and not oppres- sive. Burlington vs. Unterkirchen 99 Iowa, 401. Intincrant physicians Code Section 700. Fairfield vs. Shellenberger 135 Iowa, 615. Clairvoyants, etc. Code 1913, Section 77-a. Billiard Halls, etc. Code Section 702. Ordinance No. 62. An Ordinance Licensing and Regulating Peddlers. Be it Ordained by the City Council of the City of Dubuque : § 463. PEDDLERS 0I' FOOD COMMODITIES. Section i. All persons, selling or offering for sale along the public streets or other public places, or from house to hoose, fruit, vegetables and farm prodticts, including poultry, eggs and butter, shall pay a license fee of $5o.00 per annum, payable in advance. If paid after October ist and before January ist, the license shall he $.35.00. Peddlers who desire a license to sell merchandise as specified in this section for a shorter period of time, shall be . required to pay a license of $2.00 per day. This section does not apply to persons retailing products raised or produced by them. §464. OTHER PEDDLERS. Sec. 2. All peddlers not here- in otherwise designated or enumerated, who sell or offer for sale goods and merchandise, on the public streets or from house to house, and foot peddlers who sell from house to house, shall pay a license fee of $2.00 per day or $10,00 per week in advance. § 465. STREET MERCHANTS. Sec. 3. All persons who shall follow the business of selling pop corn, candies, confec- tionery, ice cream, nuts, lunch, lemonade, or drinks, news- 216 REVISED CITY ORDINANCES papers, magazines or other publications, on the street or side- walk, whether in booths, tents, temporary buildings or from a push cart, wagon or otherwise, shall pay a license fee of $2.00 per day, or $10.00 per week or $5o.00 per year. § 466. MAY EXEMPT CERTAIN PERSONS. Sec. 4. Dis- abled soldiers or sailors who have been honorably discharged from the United States service, or other crippled or disabled persons, may be exempted from the provisions of this ordin- ance, provided that they have filed an application with the Council setting forth the grounds on which they claim ex- emption and such exemption has been granted by the Council. § 467. PENALTY POR VIOLATION. Sec. 5. Any person who shall do business as a peddler, as defined in this ordinance, without securing a license, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $5.00 nor more than $ioo.00. Note : Charter Section 7, Par. 18. Code Section 700. City may require reasonable license fee from peddlers. Iowa City vs. Glassman. 155 Iowa, 671. State vs. Osborne. 171 Iowa, 681, Huston vs. Des Moines. 176 Iowa, 478. Ordinance No. 63. An Ordinance Licensing and Regulating Hotels, Boarding Houses and Other Bating Places, and Providing a Penalty for the Violation Thereof: Be it Ordained by the City Council of the City of Dubuque : § 468. Wilo INCLUDED. Section 1. No person, firm or corporation, shall carry on any business within the limits of the City, as hotel keeper, tavern keeper, keeper of a boarding house, restaurant or other eating place, without first having obtained a license therefor and paying a license fee as follows: r a. For keepers of hotels, taverns or boarding houses con- ducted on the American plan and containing 20 lodging roonas or more, and charging $2.00 or more per day for meals and . average rooms, fifty dollars per year. REVISED CITY ORDINANCES 217 b. For keepers of hotels, taverns or boarding houses con- ducted on the American plan, and containing 20 lodging rooms or more, and charging less than $2.00 and not less than $1.25 per day for meals and average rooms, twenty-five dollars per year. c. For keepers of hotels, taverns or boarding houses con- ducted on the American plan, and containing 20 lodging rooms or more, and charging less than $1.25 for meals and average rooms per day, fifteen dollars per year. d. For keepers of hotels, taverns or boarding house con- ducted on the European plan, and containing 20 lodging rooms or more, and charging $1.00 or more per day for average rooms, fifty dollars per year. e. For keepers of hotels, taverns or boarding houses con- ducted on the European plan, and containing 20 rooms or more, and charging less than $i.00 and not less than 5o cents per day for average rooms, twenty-five dollars per year. f. For keepers of hotels, taverns or boarding houses con- ducted on the European plan, and containing 20 lodging rooms or more, and charging less than 5o cents per day for average rooms, fifteen dollars per year. g. For keepers of hotels, taverns, or boarding house con- ducted on either the American or European plan; and contain- ing less than 20 lodging rooms, five dollars per year. Any person, firm or corporation keeping a place where meals are furnished at regular prices, by the day or week, for ten or more persons, in addition to the members of the family of such person, or the members of such firm or corporation, shall be held to be the keeper of a boarding house within the meaning of this section. h.. For keepers of restaurants, lunch counters, ice cream parlors, soda fountains, soft drink dispensers or other eating places, ten dollars per year. Any hotel, tavern or boarding house conducted on both the American and the European plan, shall not be required to procure more than one hotel license ; provided, that any hotel, tavern, or boarding house having a restaurant in connection therewith in addition to the regular dining room, or in which 218 REVISED CITY ORDINANCES meals or lunches are served a la carte, or on the short order plan, or for any other than a regular charge for each full meal, shall be required to pay the regular restaurant license. § 469. PENALTY roR VioLATioN. Sec. 3. Any person who shall conduct a hotel, boarding house or eating house as defined in this ordinance, without first securing a license, shall he guilty of a misdemeanor and upon :conviction thereof shall be fined not less than St() nor more than $too. Note : Charter Section 7, Par. .8. Code Section 700. Ordinance No. 64. An Ordinance to Regulate, License and Tax Junk Dealers. Be it Ordained by the City Council of the City of Dubuque : § 47o. Wm ARE J UNK DEALERS. Section i. That no person, firm or corporation shall engage in, or carry on, in the City of Dubuque, the business of a junk dealer,without firstpro- curing the license provided for in this ordinance, 'nor shall any person carry on said business in any manner contrary to the,pro- visions of this ordinance. Everyperson, firth or corporation who conducts or carries on a junk shop or who deals in junk, olcl metal, scrap metal, old or discarded machinery, rope, rags, paper and paper stocks, old bottles, tin ware, furniture, old or discarded, plumbing, electrical materials or fixtures, automobile parts or tires or any article or things usually bought, sold or dealt with in junk shops including all such persons, firms or corporations who carry on suet', business in shops, yards or stores or who by advertisement, by sign or otherwise,or who - holds himself out as a junk dealer or dealing in junk, shall be deemed a junk dealer within the meaning of this ordinance. § 471. LICENSE FF;E. Sec. 2. Every junk dealer shall pay a license fee or tax Of S5o per year for each store, yard or other place of business operated for the purpose of purchasing or dealing in junk. Every junk dealer who operates a wagon, cart, automobile or auto truck for the purpose of purchasing or dealing in junk as provided in Section 1 hereof, shall pay a license fee of $12.50 for every wagon, cart or vehicle drawn lsiy one horse and shall pay a license fee of $25.00 per year for REVISED CITY ORDINANCES 219 every wagon, cart or vehicle drawn by two horses or for every automobile or auto.truck. § 472. PENALTY VOR VIOLATION. Sec. 3. Any person who shall do business as a junk dealer as defined in this or- dinance without first obtaining a .license shall be guilty of a misdemeanor. and upon conviction shall be fined not less than $io nor more than $too. Note : Code Section 700. Ordinance No. 65, An Ordinance Relating to Public Dances and the Licensing and Regulating of Public Dance Halls. Be it Ordained by the City Council of the City of Dubuque: § 473. TERMS DEE1N ED. Section T. The term "public dance" or "public hall," as used in this 'Ordinance, shall be taken topean any dance or hall to which admission can be had by paym' ent of a fee or by the purchase, possession, or presentation of a ticket Or token, or in which a charge is made for caring for clothing or other property, or any other dance to which the public generally may gain admission, with or without the pay- -it -lent of a fee. The term 'public dance. hall," as used herein, shall be taken to mean any room, place, or space in which a public dance or public ball is held, or hall or academy in which classes in (lancing are held and instructions in dancing are given for hire. § 474. LICENSE FEE. Sec. 2. It shall be unlawful to hold any public dance or public ball or to hold classes in dancing or to give instructions in dancing for hire in any hall or academy within the limits of the City until the dance hall in which the same is held shall first have been duly licensed for such purpose and a license fee paid as. follows: If the dance hall has a floor space not exceeding twenty- five hundred (2500) square feet, the annual license fee shall he Fifteen Dollars ($i5.00). If the dance hall has a floor space exceeding twenty-five hundred (250o) square feet, the annual license fee shall be Twenty-five Dollars ($25.00). 220 REVISED CITY ORDINANCES In computing floor space, only that part of the floor actually used for dancing shall be considered. Every dance hall shall post its license in a conspicuous place within the hall where the dance is held. 475. MUST COMPLY WITH ORDINANCES. Sec. 3. No license for a public dance hall shall be issued until it shall be found that such hall complies with and conforms to all ordinan- ces and fire regulations of the City, and the rules and regula- tions of the Board of Health; that it is properly ventilated and supplied with sufficient toilet equipment for both sexes, and is a safe and proper place for the purpose for which it is to be used. § 476. LICENSE MAY BE CANCELLED. Sec. 4. The license of any Glance hall may be cancelled by the Mayor or Chief of Police for improper, disorderly, vulgar, indecent, immoral, or suggestive conduct on the premises, or for viola- tion of -any of the rules, regulations, ordinances, or laws governing or applying -to public dance halls or public dances. If, at any time, the license of a public dance hall is cancelled, at least six (6) months shall elapse before another license or permit shall be given for dancing on the same premises. § 477. Mus'r SECURE PERMITS EOR PUBLIC DANCES. Sec. 5. It shall be unlawful for any person, club, society, or corporation to hold a public dance or public ,ball within the limits of the City, without having first obtained a permit there- for from the Mayor. § 478. MUST BE KEPT IN SANITARY CONDIt'ION. Sec. 6. All public dance halls shall be kept at all times in a clean, health- ful, and sanitary condition, and all rooms connected with a dance hall shall he kept open and well lighted. All members of the police force shall have the power, and it shall be their duty, to cause the place, hall, or room where any dance or ball is held or given, to be vacated whenever any provision of this or any ordinance in regard to public dances or public halls is being violated, or when any disorderly,oral, improper, suggestive, or vulgar act is committed. § 479. HOURS VOR CLOSING. Sec. 7. All public dances shall be discontinued and public dance halls shall be vacated and closed on or before the hour of twelve o'clock midnight. REVISED CITY ORDINANCES 221 § 480. No PERSON UNDER SIX'.TEEN TO ATTEND. SCC. 8. It shall be unlawful for any person who has not reached the age of sixteen (16) years to attend or take part in any public dance after the hour of 9 :15 P. M., unless such person be accompanied by a parent or guardian. It shall be unlawful for any person to represent himself or herself to be the age of sixteen (16) years in order to obtain admission to a public dance hall or to be permitted to remain therein, after the hours specified, when such person in fact is under sixteen years of age, and it shall be unlawful for any person to make such a mis-statement about the age of any other person, and it shall be unlawful for any person to represent himself or herself to be a parent or guar- dian of any other person, in order that such person may obtain - admission to a public dance hall or may he permitted to remain therein, after the hour specified, when the party making the representation is not in fact either a parent or guardian of the other person. § 481. No IMPROPER CONDUCT AT PUBLIC DANCES. Sec. 9. Int shall be unlawful for any person, while in attendance. - at any public dance or public hall, to behave in any improper, disorderly, vulgar, indecent; immoral, or suggestive manner, whether engaged in dancing or not; and it shall be unlawful for the person, persons, club, society, or corporation giving• such dance or ball to permit or allow any person to behave as described above. § 482. No INTOXICATING LIQUOR AT PUBLIC DANCES. Sec. Lo. It shall be unlawful for any alcoholic or intoxicating liquor to be brought into or drunk in any public dance hall or in any of the rooms connected with or pertaining to a public dance hall while a public Glance or public ball is being held. It shall he unlawful for the proprietor or manager, of a public dance hall, or any of his representatives, or the members of a committee of any society, club, or corporation, in charge of any public dance or public ball given by such society, club, or corporation, to permit or allow any alcoholic or intoxicating liquor to be brought into or drunk in any public dance hall while a public dance or ball, over which they have charge, is in progress. § 483. MAYOR SHALL INVESTIGATE APPLICATIONS VOR LIcENsEs. Sec. II. The Mayor shall examine all applications for dance hall licenses, and shall investigate, or cause to be 1.1111 i 111 222 REVISED CITY ORDINANCES investigated, each application for the purpose of determining whether or not the dance hall sought to be -licensed complies with the regulations, ordinances, and laws applicable thereto. In making such investigation, the Mayor shall have the right to the assistance of any other officer or employes of the City. No license shall be renewed except after re -inspection of the premises as provided herein. § 484. PENALTY VCR VIOLATIONS, Sec. 12. Any per- son who shall violate any provision of this ordinance shall, upon conviction. thereof, be fined not less than five dollar's ($5.00) and the cost of prosecution, and not more than fifty dollars ($50.6o) and the cost of prosecution, for each offense, and on default of payment thereof shall be imprisoned for a period not exceeding thirty (3o) days, § 485. Po1.41cti; OvvicER SHALL ATTEND. Sc. 13. That no person, club, 'society, or corporation shall give, conduct, or carry on a public dance as defined in this ordinance without having in attendance, continuously, during such dance a mem- ber of the Police Department who shall see that the provisions of this ordinance are strictly complied with. The Chief of Police shall detail the member- of the Police Department who shall attend each public dance, and the person, club, society, or corporation giving, conducting or carryingon such public dance shall pay to the officer, for such attendance, a sum equal to a day's wagesof such officer, determined by his salary per month. § 486. WHO NOT INCLUDED. Sec. 14. The provisions of this ordinance shall in no way interfere with priyate parties, given at homes, or with dances given by bona fide societies, clubs, or corporations, where the attendance is restricted to the members of the society club, or corporation. § 487. PivALTy 1otz1VIOLATION. Ser. 15. That any person, club', society, or corporation, or any officer, agent, or member thereof, who shall violate any of the provisions of this ordinance relating to licenses shall be deemed guilty of a mis- demeanor, and upon conviction shall be fined not less than ten dollars ($io) nor more than one hundred dollars ($ioo). Note : Code 1913, Section 7007q. REVISED CITY ORDINANCES 23 Ordinance No. 66. An Ordinance to Regulate and License Vehicles Kept for Hire. Be it Ordained by the City Council of the City of Dubuque: § 488. WHO INCLUDED. Section 1, No person, firm, • or corporation shall hire out or keep or use for hire, within the limits of the City, any vehicle of any description whatever, either for the conveyance of passengers or the conveyance or transportation of goods, wares, merchandise, or other articles front place to place, without first securing a license and paying . a license fce as provided by this ordinance. Vehicles kept for hire by persons, firms, or corporations engaged in the livery business and rented by the day in the manner usual to such business are exempted from securing a license and paying a license fee, as. provided by this ordinance. § 489. LICENSE FEE FOR VEHICLES. Sec. 2. The fee for carrying on the business as proyided in Section i hereof shall be as follows : Vehicles for the Carrying of Persons. a. For each auto- mobile or automobile bus having a capacity of ten or more persons, the license fee shallbe $2,00 per day or $25.00 per year. b. For each automobile or automobile bus having a capa- city of less than ten persons, the license fce shall be $2.00 per day or $20.00 per year. c. For each vehicle drawn by animals, the license fee shall be $1.00 per day or S12.50 per year. Vehicles for the Conveyance of GoOds, Wares, and Mer- chandise. a. For each automobile truck of more than one and one half ton capacity, the license fee shall be $2.00 per day or $25.o0 per year. b. For each automobile truck of less than one and one half ton capacity, the license fee shall be $I.00 per day or 15.0o per year. c. For each truck, dray, wagon, moving van, or other vehicle drawn by two or more animals, the license fce shall be $2.00 per day or $15.00 per year. 224 REVISED CITY ORDINANCES cl. For each truck, dray, wagon, moving van, or other vehicle drawn by one animal, the license fee shall be $i.00 per• day or $12.5o per year. - That the term automobile or automobile truck as used herein shall' mean any vehicle not drawn by horses or other animals. That all license fees shall be paid annually in advance, and no license fee shall be issued for less than one-half the annual license fee, except the same is issued at the daily rate. § 490. IaiCENSE FEE EOR DRIVERS. Sec. 3. That in addition to the license fee provided in Section 2 hereof, every person who shall act as driver or chauffeur of any licensed automobile or other licensed vehicle, except the owner thereof, shall secure a license and pay a license fee as follows: Drivers or chauffeurs of automobiles or vehicles carrying passengers, $5.00 per year; drivers or chauffeurs .of automo- biles or vehicles carrying goods, wares, or merchandise, $2.5o - per year. § 491. LICENSE TAGS OR BADGES. Sec. 4. That when a license.is issued for any automobile or vehicle under the pro- visions of this ordinance, the Recorder shall deliver to the licensee a metal tag or plate with the license number and the year for which the same is issued stamped thereon. The licensee shall cause said tag or plate to be fastened upon the vehicle for which the license is paid, in a conspicuous place, and shall keep the same thereon during the continuance of said license, and at the expiration of the same, such tag or plate shall be removed from said vehicle, and said vehicle shall not be used with said tag or plate thereon at any time when the license fee therefore has not been paid. That the person pay- . ing the license fee as provided in Section .3 hereof shall receive a metal badge upon which shall be stamped such words as may be necessary to show the nature of the license and the year for which issued. The licensee shall wear such badge upon the front of his hat or cap at all time when engaged in the business for which the license was issued. § 492. STANDING PLACES. Sec. 5. The Chief. of Police shall, from time to time, designate the place or places upon the streets or public places within the City where licensed vehicles, whether for carrying persons or carrying goods, wares, or REVISED CITY ORDINANCES 225 merchandise, may solicit business or wait for employment. Such places may be changed or abandoned whenever the Chief of Police deems it necessary for the safety and convenience of the public. That the place or places designated by the Chief of Police shall be plainly marked by signs, and if any licensee fails to observe the order of the Chief of Police and stands or solicits business at any place upon the streets or public places of the City not designated by the Chief of Police, he shall be guilty of a misdemeanor, and his license maybe revoked by the Mayor or the Chief of Police. § 493. PENALTY rOR VIOLATION. Sec. 6: Any person who shall violate any of the provisions of this ordinance, or who shall operate any vehicle with a tag or plate thereon similar to or resembling the tag or plate issued by the City, for . licensed vehicles for which a license has not been issued, and a license fee paid, or who shall wear a badge upon his hat or cap similar to or resembling the badge issued by the City to licensed drivers or chauffeurs, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $10.00 nor more than $ioo.00. § 494. MAY Ri;voxr LICENSE. Sec. 7. That if any person who holds a license as a licensed driver or chauffeur is found guilty, in any Court, of a violation of any of the pro- visions of Ordinance No. 52, or who is drunk or disorderly while on duty as the driver of a licensed automobile or vehicle, the Chief of Police shall have power to suspend his license for a period not to exceed 90 days or to revoke the same. If his license is revoked, he shall not be granted another license as a licensed driver or chauffeur before the expiration of six months - after the same is revoked. Note : Charter Section 7, Par. 19. Code Section 754. Des Moines vs. Bolton, 128 Iowa, io8. Huston vs. Des Moines, 176 Iowa, 455. 226 REVISED CITY ORDINANCES Ordinance No. 67. An Ordinance Providing for, th Licensing and Regulation of Ferry. Boats, Liveries, and Landings, and Prescribing a Penalty for the Violation Hereof. Be it Ordained by the City Council of the City of Dubuque : § 495. WHo INCLUDZD. Section 1. That no person or persons, firm or corporation, shall be allowed to operate or maintain a Ferry Boat Livery between the City of Dubuque and other points, nor shall any person, operating a Ferry Boat Livery, use any public landing, without having first procured the license herein provided for. § 496. TERMS DIWINED. Sec. 2. The term "Ferry Boat Livery," as used herein, shall mean the engaging in the business of transporting, for hire, two or more passengers by means of ferry boats or launches ; the term "Public Landing" shall mean any place, wharf, or dock which is maintained by the City of Dubuque for the accommodation and comfort of the public traveling by water from points within the City to points with- out; provided, however, that for the purposes of this ordinance, the entire shore line of the river front from the north line of the Dubuque Harbor Improvement Company's Addition, southerly to the southern boundary line extended of said City (including all of the shore line of the Ice Harbor), and the entire shore line of the river northerly from Seventh Aventie extended to the City limits shall be considered a "Public Landing." § 497• SHALL SECURE LICENSE. Sec. 3. That before any person or persons, firm or corporation, shall be permitted to operate a Ferry Boat Livery, he shall secure a license and pay the license fee herein provided, but no license shall be issued to any person who is not of good moral character and of sober habits. § 498. LICENSE FEE. Sec. 4. The license fee for the privilege of operating a Ferry Boat Livery shall he fifty cents ($0.50) per lineal foot of such boat, per annum, and shall be payable to the City Treasurer before the same shall be issued. § 499. MUST PRESERVE ORDER. Sec. 5. It shall be the duty of the licensee, or his employee, to preserve order upon REVISED CITY ORDINANCES 227 any boat operated by him to the end that the maximum of safety may be attained. § 500. HARBOR MASTER TO ENi1ORCE. Sec. 6. It shall be the duty of the Harbor Master to see that all of the provisions of this ordinance are complied with, 'and shall report to the Mayor and Council, any acts or conduct of a licensee or his employees which are in violation of any of the terms hereof. § 50i. PI NALTY FQR VIOLATION. Sec. 7. Any person or persons, firm or corporation, or any officer; agent, or em- ployee thereof, violating any of the provisions of this ordinance shall be fined not less than five dollars ($5.00) or more than one hundred dollars ($ioo.00) for each offense, or imprisoned in the County jail for a period not to exceed thirty days. Note.: Charter 7, Par. 17. Ordinance No. 68. An Ordinance to Regulate and License Theatres, Theatrical Exhibitions, Circuses, Menageries, Shows, and other Ex- hibitions. Be it Ordained by the City Council of the City of Dubuque § 502. SHALL PAY LICENSE. Section I. That no person shall conduct, carry on, or exhibit, produce or display any circus, menagerie, theatre, theatrical exhibition, moving picture show, or other show or exhibition of any kind, except lectures ($0.50) per lineal foot of boat per annum, and payable to the on scientific, historical, or literary subject's, without first pay- ing a license fee as hereinafter provided. § 503. LICENSE FEE. Sec. 2. That the license fee to be paid for the same shall he as follows : Theatres,. Etc. 1st. For each theatre, moving picture theatre, opera house, hall, or other building or shelter used for public entertainments, exhibitions, shows, or concerts, having a seating capacity of over 800, the license fee shall be $ioo.00 per year; for those having a seating capacity of less than 800 and more than 4.00, the license fee shall be $75.00 per year; for those having a seating capacity of less than 400 and more than 25o, the 'license fee shall be $5o.00 per year; for those having 228 REVISED CITY ORDINANCES a seating capacity of less than 25o, the license fee shall be $25.00 per year. Shows, Etc. 2nd. For each show or exhibition, offering prizes of any kind and for exhibitions by a ventriloquist, mes- merist, magician, sleight-of-hand performer,or the like, the license fee shall be $25.00 for the first performance, or exhibi- tion, and $io.00 for each other performance or exhibition, but said license fee shall not be exacted when the exhibition or performance is given in an opera house, theatre, or hall pay- ing a license under Par. i hereof. Shows, Etc. 3rd. For all other theatrical exhibitions, traveling concerts, minstrel shows, wrestling matches, athletic exhibitions and all other public performances not otherwise enumerated, the license fee shall be $io.00 for the first per- formance or exhibition and $5.0o for each additional per- formance or exhibition, but said license fee shall not be exacted when such performances is in an opera house, theatre or hall paying an annual license under paragraph i hereof. Circus, Etc. 4th. For each circus or menagerie, the license fee shall be $200 for the first day and $ioo for each succeeding day. For each wild west show the license fee shall be $125 for the first day and $75 for each succeeding day. For each dog and pony show the license fee shall be $5o for the first day and $25 for each succeeding day. For each carnival company, the license fee shall be $5o for the first day and $25 for each succeeding day. Side Shows, Etc. 5th. For each side show or other small show or exhibition in a separate tent, whether traveling with a menagerie, show or circus or alone, the fee shall be $25 for the first day and $12.5o for each succeeding day. § 504. WHEN No LICENSE REQUIRED. Sec. 3. That no license shall be charged for any exhibition, concert or other entertainment, the proceeds of which are to be used for charit- able, patriotic or other public purposes. § 505. PENALTY VOR VIOLATION. Sec. 4. Any person, firrn or corporation or any officer, agent or employee thereof who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined $ioo or imprisoned not more than thirty days. Note : Charter Section 7, Par. 20. Code Section 703. REVISED CITY ORDINANCES ��9 Ordinance No. 69. An Ordinance to Regulate and License Pawnbrokers. Be it Ordained by the City Council of the City of Dubuque : § 506. WHO ARE PAWNBROKERS. Section is That no person, firm or corporation shall engage in, or carry on in the City of Dubuque, the business of a pawnbroker without first procuring the license and paying the fee or tax, as provided in this ordinance, or carry on such business in any manner con- trary to the provisions of this ordinance. Every person, firm or corporation who make loans or advancements upon pawn, pledge, or deposit of personal property or who receive actual' possession of personal property as security for a loan, with or without a mortgage or bill of sale therefor, or who by adver- tising, sign or otherwise holds himself out as a pawnbroker, shall be deemed a pawnbroker within the meaning of this or- dinance. § 507. Amouwr Or LICENSE. Sec. 2. Every pawn- broker shall pay a license fee or tax of $ioo per year, payable in advance. § 508. SHALL YHA BOND. Sec. 3. Every pawnbroker shall, in addition to paying the license fee or tax, file with the Treasurer a bond, in the sum of $1,000 with at least two sure- ties, to be approved by the Treasurer, conditioned for the faith- ful compliance with all the provisions of the ordinance re- lating to or regulating such business, and that he will account for and deliver to any person entitled thereto, any goods or property which may come into his hands in the course of his business, or will pay the value thereof, and any damage' which may accrue because of his failure to deliver the same. § 509. SHALL KEEP RECORD. Sec. 4. Every pawn- broker shall make a record, in the English Language, in a book kept for that purpose, at the time of purchasing or receiving any personal property which record shall contain the following information': 1st. The name of the person from whom the property is received and his place of residence;. 2nd. A de- tailed and accurate description of every article received; 3rd. The estimated value of each article and the amount of the loan thereon ; 4th. The date and hour of the transaction, and the time when the article is to be redeemed or bought back; 5th. Whether a mortgage or bill of sale was made or receipt or pawn 230 REVISED CITY ORDINANCES ticket given ; 6th. When, to whom and how said article was • disposed of, if not redeemed. Such record shall at all times be open for examination by any Sheriff, Deputy Sheriff, Police Officer or Constable. § 510. PENALTY VOR VIOLATION. Sec. 5. That if any pawnbroker fails to keep a record book as hereinbefore pro- vided, or if any pawnbroker or any agent or employee thereof, fails to make the required record therein, or shall intentionally or knowingly make any false record, or shall fail to make the inquiry necessary to enable him to make such entries or who shall fail to produce his record book when requested, by an officer having authority to examine it, or who shall destroy •or permit the same to be destroyed, shall be guilty of a misde- meanor and upon conviction thereof shall be fined not less than $25 nor more than $loo and his license shall he revoked. . Note : Code Section 701. Ordinance No. 7o. An Ordinance to Regulate, License and Tax Second Hand Dealers. Be it Ordained by the City Council of the City of Dubuque : 511, WHO ARE SECOND HAND DEALERS. Section 1. That no person, firm or corporation shall engage in or carry on in the City of Dubuque, the .business of a second hand dealer, without first procuring the license provided for in this ordinance. Every person, firm or corporation who purchases - furniture, household goods, clothing or other articles for the purpose of reselling the same, and who shall maintain a store or place of business foi; that purpose; or who in connection with any other business shall purchase and sell second hand furni- ture,. household goods and other articles shall be deemed to be a second hand dealer within the meaning of this ordinance. § 512. LIcENs1 F` '. Sec. 2. Every second hand dealer shall pay a license fee or tax for each place of business con- ducted by him, as provided in Section'', hereof, of $25 per year payable in advance. REVISED CITY ORDINANCES 2.31 513. PENALTY VOR VIOLATION. Sec. 3. Any person who shall do business as a second hand dealer as defined in this •ordinance, without first securing a license shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $2o nor more than $100. Note: Code Section 701. 232 REVISED CITY ORDINANCES TITLE XVI. REGULATIONS GOVERNING ANIMALS. Ordinance No. 71. An Ordinance Prohibiting Stock from Running at Large. Be it Ordained by the City Council of the City of Dubuque : 514. No ANIMALS TO BE AT LARGE. Section I. That no horse, hog, cow, or other animal; unless licensed by or- dinance, and no fowl of any kind shall be allowed to run at large within the limits of the City. 515. POUND MASTER. Sec. 2. It is hereby made the duty of the Chief of Police to procure or establish a pound in some convenient place in the City and to appoint some person to act as poundmaster who shall have control and charge of the City pound. 516. SHALL IMPOUND ANIMALS. Sec. 3. The Chief of Police shall cause every such animal found running at large, contrary to the provisions of this ordinance, to be impounded under the care of the poundmaster. Any person claiming any . animal impounded shall pay to the Chief of Police, $I.00 for the discharge of the same and the further charge of 25 cents for each day of keeping such animal, and the cost of advertis- ing if the same has been advertised for sale under the pro- visions of this ordinance. 517. SALE OF' ANIMALS IMPOUNDED. Sec. 4. Animals impounded under this ordinance may be redeemed at any time prior to the sale, upon payment of the costs and expenses in- curred . for the impounding as heretofore stated. Stock or animals not redeemed within three days after being impounded may be sold at public auction by the Chief of Police to the highest bidder for cash, after giving five days notice •of such REVISED CITY ORDINANCES 233 sale, by posting one notice at the entrance of the pound and one at the front door of the City Hall. Purchasers at such sale shall take thereby a title absolute to .the property purchased, as against all persons. The money received, shall be paid to the City Treasurer and the balance remaining after the costs for keeping such animal or animals and the expenses of selling the same have been deducted, shall be retained for the owner of the animal or animals so sold. The owner of such animal or animals shall make proof of his ownership of the same, by affidavit and if no proof is made within two years from the date of such sale, the Treasurer shall report the money on hand as part of the general fund of the City and thereafter such owner shall be barred from the recovery thereof. 515. PENALTY POR VIOLATION. Sec. 5. The pound shall be under the care and control of the poundmaster and whoever shall break open the same or remove or assist to re- move any animal therefrom, without the authority of law or the order of the poundmaster, or Chief of Police or who shall hinder, delay or obstruct the Chief of Police, or the pound - master in taking or driving any animal to the pound or who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and fined not to exceed $100. Note : Charter Section 7, Par. 11. Code Section 706. Ordinance No. 72. An Ordinance Relating to the Licensing and Regulation of • Dogs. Be it Ordained by the City Council of the City of Dubuque : 519. SHALL PROCURE LICENSE. Section I. No person owning or harboring any dog or bitch within the City shall allow the same to run at large, without procuring a license there- for, which license shall be issued for the term of one year, on payment of the sum of one dollar for each dog and three dol- lars for each bitch. 520. WHEN Duca. Sec. 2. The license hereinabove provided for shall be due and payable January i in each year, 234 REVISED CITY ORDINANCES and if the same is not paid on or before March ist of said year, said license shall then become clue in double the amount thereof. § 521. WHO INCLUDED. Sec. 3. Wherever used in this ordinance, the word "person" shall include and be held to apply to corporations and firms. § 522. HARBORING DI;I'INED. Sec. 4. Any person who shall allow any dog or bitch habitually to remain and be lodged or fed within his or her house, barn, store, or enclosure of any kind, shall be considered as owning or haboring the same with- in the meaning of Section I of this Ordinance. § 523. SHALL, HAVE TAG. Sec. 5. When a license has been issued and the license fee paid the Recorder shall furnish to the person presenting such receipt a metal license tag, which shall contain thereon the number of the license tag and the year of issue. Said -license tag shall be securely fastened on the neck of the dog by means of a collar, and on said collar shall be engraved or stamped the name Of the person to whom such license tag is issued. 524. MAY IMPOUND UNLICENSED DOGS. Sec. 6. Any dog found running at large at any time of the year without the check provided for in Section 5 hereof, may he taken up by any officer or person and placed in the city pound, to be kept there for a period of not to exceed 48 hours. Unless such dog is claimed within that time by the owner thereof, and the tax provided for herein is paid, together with a penalty of one dollar for the taking up and keeping of such dog, said dog shall he destroyed in such humane manner as the pounclmaster may determine. § 525. VISCIous Docs. Sec. 7. Any dog shown to be vicious, or otherwise dangerous to the community, whether licensed or not, is hereby declared to constitute a nuisance, and may, if found running at large, be taken up and held at the pound for the period provided for in Section 6 hereof, and the. owner of such dog, if known, shall be notified of such impound- ing, and upon payment of the penalty in said section named, said dog may be surrendered to such owner. Incase of emer- gency, however, such vicious or dangerous animal may be in- stantly killed by any officer or other person having reasonable cause to fear injury to any human being because of such clog. REVISED CITY ORDINANCES 35 Evidence showing that any dog has previously bitten any one without provocation, or habitually snaps at or attacks persons, shall be presumptive aS to the vicious nature of such animal. 526. SHALL, NoT RUN AT,LARGE. Sec. 8. It shall be unlawful, for any person, owning or harboring any dog, found to be a nuisance as herein defined, to permit such clog to run at large, that is to say, such dog shall be kept securely tied or otherwise under control, so that persons lawfully on the public streets or highways or on the premises of the owner of said dog shall be safe from attack. Provided, that any dog duly licensed may be permitted to run at large, if he is securely and safely muzzled while thus at large. § 527. DOGS 'Po BE TAxED. Sec. 9. It shall be the duty of the Assessor to assess every dog owner or harborer within the City, and the tax clue on such dog shall be charged against the owner or person harboring said dog ; if said tax is not paid, the same shall become delinquent and collectible.as other. city taxes. 528. OWNERS SHALL, LIST ICOR TAXATION. Sec. Io. It shall be the duty of any person owning or harboring a dog as hereinbefore set out, to assist the Assessor in listing such dog, and failure to do so, or. failure to -pay the tax herein pro- vided for on or before March 1st in each year, or to comply with the terms of this ordinance in any other particular, shall be deemed to be guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 nor more than $100.00. Note : City may prohibit dogs running at large and pun- ish owner for violation. Sibley vs. Lasstrico. 112 Iowa, 211. City may tax dogs. Code Section 889. 236 REVISED CITY ORDINANCES TITLE XVII. MISDEMEANORS. Ordinance No. 73. An Ordinance Prescribing the Manner of Prosecuting Actions Brought for the Violation of the City ordinances. Be it Ordained by the City Council of the City of Dubuque § 529. How COMMENCED. Section 1. That all proceed- ings, prosecutions and actions to recover'anyfine, penalty or forfeiture, or for the punishment of offenses under and by reason of any violation of any ordinance of the City, shall be commenced in the name of the State of Iowa for the use of the City of Dubuque. § 53o. WHO HAS JURISDICTION. Sec. 2. The Mayor and any Justice of the Peace, having jurisdiction within the City of Dubuque, shall have jurisdiction to try and determine all proceedings, prosecutions or actions arising out of the viola- tion of any ordinance of the City. § 531. INrORMATION TO BE F'IL,ED. Sec. 3. All proceed- ings, prosecutions or actions shall be commenced by filing with the Mayor or Justice of the Peace, an information sworn to by the person making the complaint. § 532. ARREsTs. Sec. 4. Whenever an offense, Which is a violation of any of the ordinances of the City, has been com- nutted within the view of any police officer of the City, or when such offense has been committed and a police officer believes the person to be arrested has .committed such offense, the offender may be arrested without a warrant and be taken be- fore the proper Court at its next session, and an information filed by the person making the arrest and a warrant issued as in other cases. § 533. No JURY. Sec. 5. In any proceedings, prosecu- tion or action brought to punish a violation of any ordinance REVISED CITY ORDINANCES 237 of the City, the defendant shall not be entitled to trial by jury or a change of venue, except upon appeal, but said action or proceeding -.shall be tried by the Mayor or Justice of the Peace before whom the action is commenced. § 534. MAY BE RELEASED ON BOND. Sec. 6. Any per- son, who is arrested and charged with having committed an offense, which is a violation of the ordinances of the City, may be released from custody before trial, upon executing a bond with sureties or secured by a cash deposit, for his ap- pearance at the time set for the hearing of the cause for which he was arrested, which bond shall be approved by and filed with the Mayor or Justice of. the Peace before whom such prosecu- tion was commenced. Any such person who shall be confined in the City prison may be released before trial upon executing a bond with sureties or secured by a cash deposit, sufficient to cover the probable fine and costs in case he is found guilty, the amount to be determined by the desk sergeant in charge at the time of his arrest. § 535. JUDGMENT TO BE ENTERED. Sec, 7. Upon Con- viction or when a 'plea of guilty has been entered by the de- fendant, in any action, the Mayor or Justice of the Peace shall enter judgment and tax the costs, which judgment shall be for an amount not less than the lowest amount fixed, as a penalty for violation of the ordinance, under which the information is filed and which judgment shall not exceed the sum of $ioo. If the fine and costs are not paid, the Mayor or Justice of the Peace shall order the defendant imprisoned for a term not to exceed the term fixed by such ordinance, and the defendant may be required to perform labor as provided by Ordinance No. 78. § 536. POI,ICI, SHAI,I, NOT RECEIVE WITNESS I'1EES. Sec. 8. That any police officer who has arrested a person for violation of a City ordinance shall, if such person does not plead guilty, appear and be present at the time and place fixed for the trial, but any witness fees, taxed against the defendant for the appearance of any police officer as a witness, shall not be paid to such officer but shall be paid to the City Treasurer. § 537. ATTORNEY SHALL, PROSECUTE. MAY DISMISS. Sec. 9. The City Attorney or the Assistant City Attorney, shall prosecute all actions or proceedings brought for the vio- lation of any City Ordinance, when the defendant does not 238 REVISED CITY ORDINANCES plead guilty, and, they shall have authority to dismiss any action or proceeding brought in the name of, or in behalf of the City when they deem it for the best interest of the City to do. so. Note : Power of City to punish certain offenses. Charter Section 7, Par. 3 and 4. Code Section 947: City has power to enforce obedience of an ordinance by fine not exceeding $10o. Tipton vs. Light Company, 176 Iowa, 224. Fine cannot exceed $10o. State vs. Babcock, 112 Iowa, 250. Defendant may be committed if fine is not paid. Code Section 949. Prosecutions arc barred after one year. Cocle Section 95o. Constitutional provision requiring prosecutions to be con- ducted in name of State does not apply to prosecutions. for violation of a City Ordinance. Davenport vs: Bird, 34 Iowa, 524. State vs. King, 37 Iowa, 462. Defendant is not entitled to a jury or a change of venue in prosecutions under City Ordinances. Code Sec- tion 948. Zelce vs. McHenry, 51 Iowa, 572. Ordinance No. 74. An Ordinance Relating to Violations,of the Rules and Regu- lations of the State or 1,ocal Board of Health and Provid- ing a Penalty. Therefore, Be it Ordained by the City Council of the City of Dubuque: § 538. PENALTY .VOR 'VIOLATION. Section I. That any person who violates or fails to comply with any rule or regula- tion of the State or Local Board of Health, or who fails or neglects to comply with any special order of the Local Board of Health of the City, within the time specified in such order, after notice of the same has been given as provided by the Or- dinances of the City or the laws of Iowa, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding one hundred (S1.00.00) dollars, or be im- prisoned not to exceed 30 days. Note: City has power to punish violations of rules and regulations of Board of Health. Cocle Section 1029. REVISED CITY ORDINANCES 239 Ordinance No. 75. An Ordinance to Prevent the Depositing of Filth and Ob- structions in Streets, Avenues and Alleys; and to provide • a Penalty Therefor. Be it Ordained by the City Council of the City of Dubuque: § 539. WHO RESPONSIBLE.' Section I. No person shall throw, sweep, deposit, or place in any street, avenue, alley or other public place within the City, any ashes, manure, slops, garbage, paper, rags, earth, tin cans, tin waste, wood, coal, lumber, boxes or any other trash, offal, litter or other articles Or things which shall he offensive or dangerous or which shall be an obstruction to the use of said street, avenue, alley or other public place, and no person shall permit such things to be or to remain in any street, avenue, alley or public place ad- joining premises owned or .occupied by him. § 540. CITY MAY REMOVE. Sec. 2. Whenever any of the articles or things mentioned in Section 1 hereof, are thrown, placed, deposited or permitted to remain in any street, avenue, alley or highway, the Chief of Police or Health Officer shall cause the same to be removed at the expense of the person by whom they were thrown, placed or deposited in said street, avenue, alley or public place, if known, other wise at the expense of the owner or occupant of the premises adjoining said street, avenue, alley or public place. § 541. PENALTY 10R VIOLATION. Sec. 3. Any person' who shall violate the provisions of this ordinance, shall be • • guilty of a misdemeanor and upon conviction shall be fined not less than $5.0o nor more than $50.00, or be imprisoned not more than 15 days. § 542. POLICE SHALL REPORT VIOLATIONS. Sec, 4. It shall be the duty of every policeman to promptly report any violations of this ordinance to the Chief of Police or Health Officer, who shall file an information against any person vio- lating the provisions thereof. Note : Charter Section 7, Par. 9. 240 REVISED CITY ORDINANCES Ordinance No. 76. An Ordinance to Prevent Pawnbrokers, Junk Dealers and Second Hand Dealers from Purchasing or Receiving from Minors Any Property Without the Written Consent of their Parents or Guardian and Providing for the Enforce- ment n force- ment Thereof. Be it Ordained by the City Council of the City of Dubuque : § 543. SHALL HAVE PERMIT. Section I. That no pawn- broker, junk dealer or . second hand dealer shall purchase or receive from any minor, any property of any kind or character whatsoever, without first obtaining or receiving the written consent of the parent or guardian of such minor, which shall describe the property to be sold and consent to the sale of the same, and such consent shall be retained and preserved and shall be exhibited when requested by any Sheriff, Chief of Police, Constable or Police Officer or the parent or guardian of such minor. § 544. PENALTY POR VIOLATION. Sec. 2. Any pawn- broker, junk dealer, or second hand dealer, and any clerk, agent or employee thereof, who shall purchase or receive from any minor, any property without first receiving such written con- sent of the parent or guardian, or contrary to the terms of such consent, or who shall .fail to exhibit such consent to a person authorized to see the same' upon request, shall be guilty of a misdemeanor and upon conviction be fined not less than $25 nor more than $ioo. Ordinance No. 77. An Ordinance to Prevent Sales of Certain Property and Pro- viding Means for Discovery of Such Property. Be it Ordained by the City Council of the City of Dubuque : § 545. SHALL REPORT PURCHASES. Section i. That every peddler, plumber, junk dealer, pawnbroker or other per- son who shall purchase or receive from any person any old waste, discarded or second hand copper, brass, lead, zinc, or other second hand metal or articles made from metal, plumbing REVISED CITY ORDINANCES 241 or plumbing materials or fixtures, electrical wires and appar- atus or fixtures, car or railroad brass, bicycles, automobiles or parts thereof, including tires, or any tools, instruments or im- plements or parts thereof, shall within 24 hours after purchas- ing or receiving such article or articles report the same in writing to the Chief of Police, stating fully and correctly : ist. The name and residence of the person from whom received or purchased; 2nd. A full and correct description of each article; 3rd. The value of and amount paid for each article. § 546. SHALL No'r SELL WITHIN TWENTY -YOUR HOURS. Sec. 2. No person, firm or corporation, purchasing or receiv- ing such articles shall dispose ofsuch articles without making such report, or within 24 hours after such report is made, ex- cept upon a written permit from the Chief of Police. No per- son purchasing or receiving such articles shall sell, melt up or otherwise dispose of any such article, which he has reason to believe has been stolen or which is claimed by any person, or which he has been notified by any Sheriff, Chief of Police, police officer or constable not to sell or dispose of, except upon a written permit from the Chief of Police. § 547. PENALTY 1'OR VIOLATION. Sec. 3: Any person, firm or corporation, or any clerk, agent 'or employee thereof, purchasing or receiving any of said articles, without making said report, or who shall otherwise violate the provisions of this ordinance, shall be guilty of a misdemeanor and upon con- viction shall be fined not less than $Io nor more than $ioo. Note: Code 1915. Section 7o1 -a. Ordinance No. 78. An Ordinance Defining Certain 0 ff enses as Misdemeanors and Providing for the Punishment of Violations Thereof. Be it Ordained by the City Council of the City of Dubuque : a. Offenses Against the Public Peace § 548. DISTURBING THE PEACE. Section i. If any per- son, within the corporate limits of this city, willfully disturbs the• peace and quiet of others by violent, tumultuous, offensive or obstreperous conduct or carriage, or by loud or unusual 16 242 REVISED CITY ORDINANCES. noises or by unseemly, profane, obscene or offensive language calculated to provoke a breach of the peace, he shall be guilty of disturbing the peace. § 549. SAME. ON PREMISES. Sec. 2. If any person, within the corporate limits of this city, suffers or permits any hallowing, quarrelling, fighting, or unusual noise or affray, or any act or conduct prohibited by the preceding section, in any house, or upon any premises, owned, occupied, possessed or controlled by him, in such manner as to disturb the peace of others or the public quiet of the neighborhood or city, he shall be guilty of a misdemeanor. § 55o. SAME. FIGHTING. Sec. 3. If any person, within the corporate limits of this city, engages in a fight with another, or assaults, strikes, or attempts to assault or strike, or invites or defies another person to fight or quarrel, he shall be guilty of disturbing the peace. § 551. SAME. PUBLIC MEETINGS.' Sec. 4. If any per- son, within the corporate limits of this city, disturbs or inter= rupts any public meeting or lawful assemblage of people, by any act or conduct prohibited by the preceding sections, he shall be guilty of disturbing the peace. • § 552. SAME. BELLS AND GONGS. SeC. 5. If any per- son, within the corporate limits of this city, rings or sounds any bell, auction bell, gong, or similar device, upon the streets or alleys within the city, or in front of any place of business or dwelling house, or upon any wagon or other vehicle, for the purpose of advertising any auction or other sale, or event in an offensive and unnecessary manner, he shall be guilty of dis- turbing the peace. b. Offenses Against the Public Morals and Decency § 553. HOUSES 0g ILL -FAME. KEEPING. Sec. 6. If any person, within the corporate limits of this city, keeps a bawdy house, brothel, house of ill -fame or of prostitution, re- sorted to for the purpose of prostitution or lewdness, he shall be guilty of keeping a house of ill -fame. § 554. SAME. INMATES. Sec. 7. If any person, within the corporate limits of this city, for the purpose of prostitution or lewdness, resorts to, uses, occupies, inhabits, or is an inmate REVISED CITY ORDINANCES 243 of any bawdy house, brothel house, house of ill -fame or place kept for such purpose, such person shall be guilty of being an inmate of a house of ill -fame. § 555. SAME. FREQUENTING. Sec. 8. If any person, within the corporate limits of this city, frequents or is found in any bawdy house, brothel, house of ill -fame or prostitution, 'without having any lawful reason for being therein, such per- son shall be guilty of frequenting a house of ill -fame. § 556. a. DISORDERLY CONDUCT. Sec. 9. If any person, within the corporate limits of this city, conducts himself in a lewd, indecent or immoral way or engages with another person or persons in any boisterous, offensive, or disorderly conduct which is shocking or degrading to the public morals and de- cency, he shall be guilty of disorderly conduct. b. DISORDERLY CONDUCT. If any person, within the cor- porate limits of this city, resorts to any house, apartment, hotel or other building or room therein, or to any other place for the purpose of lewdness or other immoral purpose, or if any person resorts to any house, apartment, hotel or other building or room therein for an immoral purpose with a person to whom he or she is not married, he shall be guilty of disorderly con- duct. § 557. DISORDERLY HOUSES. KEEPING. Sec. Io. If any person, within the corporate limits of this city, knowingly permits or allows in any house, apartment, hotel or building or room therein, owned by him or under his control, any drunken- ness, lewd, obscene or indecent conduct or behavior, or per- mits or allows lewd and disreputable persons, either male or female, to gather and be entertained with food or drink in such house, apartment, hotel or building, or room therein, he shall be guilty of keeqing a disorderly house. § 558. DISORDERLY HOUSES. KEEPING. Sec. II. If any person, within the corporate limits of this city, knowingly permits or allows in any house, apartment, hotel or building owned by him or under his control, any lewd and boisterous conduct between male and female persons who are there present as guests or patrons, or if any person knowingly permits or allows in any house, apartment, hotel or building owned by him or under his control, any person to resort thereto for any immoral purpose with another person to whom he or she is not married, he shall be guilty of keeping -a disorderly house. 244 REVISED CITY ORDINANCES § 559. DISORDERLY HALLS, POOL Rooms, l~'I'c. Sec. I2. If any person, within the corporate limits of, this city, keeps or maintains any dance hall, pool or billiard room, skating rink, shooting gallery, or other place of amusement open to the pub- lic, in which is permitted or allowed, or takes place, any disturb- ance of the peace or disorderly conduct, he shall be deemed guilty of a misdemeanor. Such place may be declared a nuis- ance and summarily abated. § 560. FREQUENTING DISORDERLY HOUSE. Sec. 13. If any person, within the corporate limits of this city, frequents or is found in any disorderly house, without having any lawful reason for being therein, he shall be guilty of frequently a dis- orderly house. § 561. LETTING HOUSE OR ROOM FOR IMMORAL, USES. Sec. 14. If any person, within the corporate limits of this city, lets or leases any house, apartment; building or room therein, knowing that the leasee thereof intends to use same as a bawdy house, brothel, house of ill -fame or prostitution, assignation house, gambling house or otherwise disorderly house, or know- ingly allows or permits the lessee thereof to use the same for any such, or other, immoral purpose, he shall be guilty of letting a house for immoral uses. § 562. INDECEN'i' BEHAvioR. Sec. 15. If any person, within the corporate limits of this city, appears -in many public place, or exposes himself to public view, in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or if any person makes any indecent exposure of his or her person, or is guilty of any other lewd or indecent -act or conduct, he shall be guilty of indecent behavior. 563. SAME. Booms, PICTURES, FTC. Sec. 16. If any person, within the corporate limits of this city, exhibits, sells, or offers to sell any indecent or lewd book, picture, paper, maga- zine, or other thing, or exhibits, performs or takes part in any indecent, immoral, or lewd play or other exhibition or perform- ance, he shall be guilty of indecent behavior. § 564. SAME. BATHING IN 'r'HE RIVER. Sec. 17. If any person, within the corporate limits of this city, bathes, swims or washes in the Mississippi River, or in any other water course, pond or pool within the city limits, between one hour before REVISED CITY ORDINANCES 245 sunrise and one hour after sunset, being naked or insufficient- ly clothed to prevent an improper exposure of his person, he shall be ,guilty of indecent behavior. § 565. DRUNKENNESS. Sec. i8. If any person, within the corporate limits of this city, becomes, drunk or intoxicated, or is found in a state of intoxication, he shall be guilty of drunkenness. § 566, VAGRANCY. Sec. 19. If any person, within the corporate limits of this city, is found without any visible call- ing or lawful means of support, or is a vagrant or street beggar, he shall be guilty of vagrancy. § 567. LOUNG1 RS AND LOAFERS. Sec. 20. If any per- son, within the corporate limits of this city, obstructs or en- cumbers any street corner or other public place in this city by loafing or lounging in or about the sante, after being re- quested to move on by any police officer, he shall be guilty ofa misdemeanor. § 568. KEEPING GAMBLING HousE. Sec. 21. If any person, within the limits of this city, keeps, maintains or oper- ates, any gambling house or gambling room in or upon any premises owned or controlled by him, or sets up or keeps any gambling table, or gambling device, iu or at which any game of chance shall be played for money or property, or allows or permits the same to be clone in or .about any house, room, building or premises under his control, he shall be guilty of keeping a gambling house. § 569. GAMBLING. Sec. 22. If any person, within the corporate limits of this city, at any gambling table, gambling device, or game of chance, or with cards, machines, or any other instruments, bets, wins or loses money or other property, he shall be guilty of gambling. § 570. I''REQUEN'.I.'ING GAMBLING HousE. Sec. 23. If any person, within the corporate limits of this city, except he be lawfully therein, frequents or is found in any gambling house, room, or other place where gambling as described in the preceding section is being carried on or conducted, or if any person is connected with any gambling house, room or place as Clerk, Agent, lmployee or Manager, he shall be guilty of fre- quenting a gamble house. REVISED CITY ORDINANCES § 571: SEIZURE AND DESTRUCTION Or GAMBLING DE- vicEs. Sec. 24. It shall be the duty of the Chief of Police and every police officer of the city to institute proceedings and seize and take before the police court all instruments and devices found within the City, and used and kept or intended to be used for the purpose of gambling as described in the second next preceding section and every such instrument or device shall be destroyed and a record thereof kept on the police court docket. The proceedings for the seizure, condemnation and destruction of the above mentioned gambling devices and in- struments shall, as near as may be, be the same as are pre-• scribed in Section 4963 of the Code of Iowa, unless written objections are filed by the owner of the property in which case the proceedings for condemnation and destruction shall be the same, substanntially, as are provided in Sections 2413 to 2417, inclusive, of the Code, and in all such proceedings where the property is ordered to be destroyed, defendant shall be ad- judged to pay the costs. § 572. SLOT MACHINES. SeC. 25. If any person, with- in the corporate limits of this city, operates or has in his charge any slot machine of any kind or character, or any other machine or device, into which shall be deposited any sum of money and which shall or may pay to the person depositing such money, any sum of money, article or merchandise in an amount or value greater or less than the amount deposited, he shall be guilty of operating an unlawful slot machine.. § 573. ALLOWING MINORS IN POOL ROOMS, CARD ROOMS, BowLING ALLEYS, ETC. Sec. 26. If any keeper or person in charge of any billiard or pool room, bowling alley, ten -pin alley, -box-ball alley, shooting gallery, card room, smoking room, or cigar store having connected therewith a smoking or card room, permits or allows any minor to frequent or loiter about such room, store or place, he shall be guilty of a mis- demeanor; and any minor who is found frequenting or loiter- ing about any such room, store or place, shall be guilty of a mis- demeanor. c. Offenses Against the Public Safety § 574. RESISTING AN OrnICER. Sec. 27. If any person, within the corporate limits of this city, resists, obstructs or in any way interferes with any police officer, or member of the REVISED CITY ORDINANCES 247 Vire Department in the performance of any official duty, he shall be guilty of resisting an officer. § 575. IMPERSONATING AN OrrIcER. Sec. 28. If any private citizen, within the corporate limits of this city, adopts or wears on any street or in any public place, the uniform or insignia worn by the police force of the city, or if any person not a member of the police force, or peace officer represents himself as, or assumes to be, a police or peace officer, he shall be guilty of impersonating an officer. • § 576. USING A POLICE WHISTLE. Sec. 29. If any per- son, within the corporate limits of this city, except police and peace officers, tises or sounds any police whistle or other device used by the police department,' he shall be guilty of a mis- demeanor. § 577. RErusING ADMITTANCE TO OFrIcERs: SCC. 30. If any person, within the corporate limits of this city, refuses to admit the Mayor, Chief of Police, or any member of the police force into any house of ill -fame, gambling or other disorderly house or into any slaughter house, or other place which they may desire to enter for the purpose of ascertaining whether a nuisance exists or a crime has been committed, or resists, ob- structs, or attempts to resist or obstruct such officer while at- tempting to, enter any such place, he shall be guilty of a mis- demeanor. § 578. UNLAWrUL USE Or POLICE TELEPHONE SYSTEM. • Sec. 31. If any person, within the corporate limits of this city, wilfully uses the police telephone system of this city to make a false report as to any crime, offense, circumstance or condition, or in any manner whatsoever uses such telephone system, or any part thereof, for any improper or wrongful purpose, or in any manner contrary to the rules of the Police Department, he shall be guilty of a misdemeanor. § 579. UNLAWFUL USE Or THE FIRE DEPARTMENT HORNS. Sec. 32. If any person, not a member of the Fire Department of the City of Dubuque, sounds, blows or uses within the corporate limits of said city, any whistle, horn or other instrument such as is used by the Fire Department as a warning signal, or any horn, whistle or other instrument which can or will produce the same or a similar sound to that pro- duced by the said Fire Department as a warning signal, or by 248 REVISED CITY ORDINANCES 1.11 11 „ 1111 .1 I the use of any instrument to produce, within the corporate limits of said city, any sound sim.iliar to that made by the said Fire Department as a warning signal,or an imitation of the same, he shall be guilty of a misdemeanor. § 580. DRIVING OVER FIRE HOSE. Sec. 33. If any per- son, within the corporate limits of this city, runs or drives any engine, car or street car, over any fire hose that may be laid across any railroad or street railway track, or if any person drives any animal, carriage, wagon, automobile or other vehicle, over any fire hose that may be laid in any street, except by permission of the Chief of the Fire Department, Chief of Police, or the Mayor, he shall be guilty of a misdemeanor. § 581. GIVING FALSE ALARM Or FIRE. Sec. 34. If any person, within the corporate limits of this city, wilfully gives any false alarm of fire at any alarm box, or opens or tampers with any fire alarm box contrary to the rules Of the Fire De- partment, he shall be guilty of a misdemeanor. § 582. INJURING VIRE ALARM SYSTEM. Sec. 35. If any person, within the corporate limits of this city, willfully defaces, injures or interferes with any of the fire alarm tele- graph boxes, fire telegraph wires, or any apparatus used or connected therewith, or if any person, loosens, tampers with or removes any insulator belonging, used or connected with, the fire alarm telegraph from any pole, tree, building or other place without first having obtained the consent of the City Electrician for that purpose, he shall be deemed guilty of a misdemeanor. § 583. TAKING OFT CAPS Or HYDRANTS. Sec. 36. If . any person, within the corporate limits of this city, unscrews or - takes off the cap of any water hydrant, or in any manner med- - dies or interferes with any such hydrant, except as provided by the rules of the Fire Department, he shall be guilty of a 'mis- demeanor. § 584. CARRYING CONCEALED WEAPONS. Sec. 37. If any person, within the corporate limits of this city, carries .un- der his clothes or concealed about his person, or has found in his possession, any pistol, or other fire -arm, slungshot, knuckles of lead, brass or other metal or material, or any sand bag, air gun, dagger, bowie knife, dirk knife, or other knife or instru- ment for cutting, stabbing or striking, or other dangerous or II I REVISED CITY ORDINANCES 249 deadly weapon, 'instrument or device, he shall be guilty of carrying concealed weapons. This section shall not be con- strued to prohibit any officer of the United States or of any State, or any Peace Officer from wearing or carrying such weapon, as may be convenient, necessary and proper in the dis- charge of his official duties. § 585. Usi AND SALE OE FIREARMS. Sec. 38. If any person, within the corporate limits of this city, uses, sells, offers for sale, or keeps for sale, any toy pistols, toy revolvers, caps containing dynamite, blank cartridges for toy revolvers or toy pistols, firecrackers of more than three and one-half (3%) inches in length or more than three -fourth (3/4) of an inch in diameter, lie shall be guilty of a misdemeanor. Caps contain- ing dynamite may be used, kept for sale or sold when needed for mining purposes or for danger signals or other necessary uses. § 586. DISCHARGING Or FIREARMS. See. 39. If any person, within the corporate limits of this city, discharges any -cannon, gun, fowling piece, pistol, airgun or other firearms, or burns, or sets off, fire crackers, spuibs or other fireworks, he shall be guilty of a misdemeanor; provided that nothing herein con- tained shall prevent the shooting of dogs by the Chief of Police .or other officers; and further provided that the Mayor may sus- pend the operation of the preceeding provision of this section in whole or in part by proclamation, such suspension to be effective between certain specified hours on the fourth day of July. of each year, or the day celebrated as the Nation's Anni- versary when the fourth of July falls on Sunday. § 587. SLING SHOTS, STONES AND MISSILES. Sec. 40. If any person, within the corporate limits of this city, has in his possession or uses any sling shot of any kind, or wilfully or carelessly throws any stone, stick or other missile in such a manner as to hit, injure or endanger any person, or window or other property, he shall be guilty of a misdemeanor. § 588. EXPLOSIVES. SCARING HORSES. Sec. 41. If any person, within the corporate limits of this city, causes or aids in causing, any firecrackers, torpedoes or other explosives, of any kind or character, to be fired off or exploded upon the streets or alleys of this city, or upon any public or private grounds without permission of the owner or occupant thereof, 250 REVISED CITY ORDINANCES or engages orparticipates in any sport or exercise likely to scare horses, he shall be guilty of a misdemeanor. § 589. OBSTRUCTIQN STREwrs AND SIDEWALKS. Sec. 42. If any person, within the corporate limits of this city, in any way obstructs or causes to he obstructed, any street, alley, sidewalk or other public place by placing therein or thereon any stone, lumber, brick, wood or other thing or by making or causing to be made any excavation therein or thereon, or by re- moving or causing to be removed, plank or timber or other ma- terial therefrom without having first secured written permission from the city so to do, or if any person who has not secured a peddler's license, obstructs or causes to be obstructed, any street, alley, sidewalk, bridge or other public place by keeping or having thereon or therein or. causing to be kept thereon or therein, any wagon, push cart or other vehicle from which to peddle or from which is being peddled, or from which it is the intention to peddle fruit or other. merchandise or any com- modity whatever, such wagon, push cart or other,vehicle being kept standing- or moving from place to place, he shall be guilty of a misdemeanor. § 59o. SAME. Sec. 43. If any person, within the cor- porate .limits of this city, places or causes to be placed on any of the streets, alleys, sidewalks or other public places, any cord wood, lumber, brick, stone or any other species of property or thing, and suffers the same to remain thereon or therein for more than ten hours after having been notified by the Chief of Police to remove same, he shall be deemed guilty of a misde- meanor. Provided, that this ordinance shall not be construed to apply in cases of removal or importation of goods, wares and merchandise belonging to merchants where the same do, not remain as an obstruction for more than ten hours and • do not occupy more than one-third of the width of the sidewalk from the building to the curb lin6 § 591. OBSTRUCTION OT SIDEWALKS. Sec. 44. - If any - person, within the corporate- limits of this city, obstructs any sidewalk by drawing, leading or driving any cart or vehicle upon same, 'or leaving any cart; vehicle or animal upon same, he shall be guilty of a misdemeanor. § 592. SAME. Sec. 45. If any persons _within the cor- porate limits of this city, collect or .gather on any sidewalk, so as to obstruct the free passage thereon, and neglect or refuse to REVISED CITY ORDINANCES 251 disperse 'upon the request .or command of the owner or occu- pant of adjoining premises, or of a police officer, they shall he guilty of a misdemeanor. § 593. LEAVING CELLAR DOORS OPEN. Sec. 46. If any person, within the corporate limits of this city, keeps or leaves open any cellar door or grating, or covering of any vault, on , any street or sidewalk, or allows any such cellar door, grating or covering belonging to the premises occupied by him, to be in an insecure condition and thereby dangerous to the public safety, he shall be guilty of a. misdemeanor. § • 3 594. EXPECTORATING ON SIDEWALKS OR IN STREET CARS. Sec. 47. If any person, within the corporate limits of this city, expectorates upon a public sidewalk, or public place or upon the floor of any street car or other piiblic conveyance, he shall he guilty of a misdemeanor. § 595. STREETS, DIRT HAULING. SCE. 48. If any per- son, within the corporate limits of this city, hauls, carries or conveys any dirt, manure, shavings, cinders, stone, sand, wood, . hay, garbage, straw, ashes or other substance on, over or across any paved street or alley in any wagon or other vehicle which is so constructed as to allow any portion thereof to fall or be de- posited upon such street or alley, he shall be guilty of a mis- demeanor. § 596. EXCAVATIONS IN STREETS OR SIDEWALKS. Sec. 49. If any person within the corporate limits of this city, leaves or keeps open or allows to he open any excavation or vault, in, on, or under any street, alley or sidewalk, and fails to guard or protect same so that persons passing, riding or driv- ing near such excavation shall not be endangered thereby, he shall be guilty of a misdemeanor. § 597. THROWING PAPER IN STREETS. Sec. 50. If any person, within the corporate limits of this city, throws and de- posits or causes to he thrown and deposited, any paper, cards, advertisements, or the like, into any street, alley, or other pub- lic place within the city, he shall be guilty of a misdemeanor. • § 598. THROWING GLASS, TACKS, ETC. IN STREETS. Sec. 51. If any person, within the corporate limits of this city, throws or places in any street or public place within the city, any broken glass, glass bottles or other articles or glass, tacks, 252 REVISED CITY ORDINANCES nails, or any other sharp pointed materials, substances or things, he shall be deemed guilty of a misdemeanor. § 599. PLAYING BALI„ ETC. IN STREETS. Sec. 52. If any person within the corporate limits of this city,' plays base- ball or football, flies kites, rolls hoops or participates in any other sport or game on, any street, alley or other public place which is likely to, or does frighten horses, injures persons, or embarrasses the free passage of vehicles thereon, he shall be guilty of a misdemeanor. • § 600. RRMovAL op' GUARDS. Sec. 53. If any person, within the corporate limits of this city, tears down, removes or carries away, any fence, railing or other guard placed about any excavation or pile of dirt, rock, or other material, or re- moves or carries away or extinguishes the light of any lantern or other light which has been setas a warning at any excava- tion or pile of material, he shall be deemed guilty of a misde- meanor. d. Offenses Against Property § 601. DEFACING CI'T'Y PROPERTY. Sec. 54. If any per- son, within the corporate limits of this city, without authority from the city, defaces, injures, or destroys, of assists in de- facing, injuring or destroying any building, bridge, paving, side or cross walk, drain or sewer or any part thereof, or any other property belonging to the city, or if any person injures or obstructs the making or repairing of any improvement or work ordered by the city, he shall be guilty of a misdemeanor. § 602. INJURING PROPERTY. Sec. 55. If any person, within the corporate limits of this city, cuts, hacks, or in any manner injures any awning, lamp post, gas or water pipe, orna- mental or shade trees, railing, fence or other property not owned by him, he shall be guilty of a misdemeanor. § 603. REMOVING GRADE STAKES. Sec. 56. If any per- son, within the corporate limits of this city, removes, breaks, or in any way injures any grade stake, stone or other mark or monument, set by or under the authority of the city engineer or any of his assistant, to designate grades, corners, lines, or bench marks, or in any manner erases or defaces any letters or figures thereon, or removes or injures any barricade about any improvement in the course of construction, he shall be guilty of a misdemeanor. REVISED CITY ORDINANCES 253 § 604. DEFACING NOTICES. Sec. 57. If any person, within the corporate" limits of this city, defaces or tears down any notice, ordinance or advertisement posted by order of the City Council or any officer of the city, he shall be guilty of a misdemeanor. §-605. POSTING BILLS ON PROPERTY. Sec. 58. If any. person, within the corporate limits of this city, defaces any private dwelling house, building, store, room, barn, shed, fence, patrol or fire alarm box, bridge, telephone, electric light, street railway, telegraph pole, sidewalk or curbing, by posting, pasting, tacking, sticking or nailing thereon any advertising bills, posters, or any other written or printed matter, except legal notices provided by law, or in any manner defaces same with- out first having obtained the written consent of the owner or agent of such property, he shall be guilty of a misdemeanor. § 6o6. INJURING TREES. Sec. 59. If any person, within the corporate limits of this city, other than the owner thereof, or his representative, cuts, breaks, or otherwise injures or de- stroys, any shade or ornamental tree along any sidewalk in any parking or elsewhere in the city, he shall be guilty of a mis- demeanor. § 607. INJURrs TO SHRUBS, PLANTS AND FLOWERS. Sec. 6o. If any person, within the corporate limits of this city, injures or removes any shrub, plants, flowers or trees from any of the parks, cemeteries, street parkings, public or private grounds within the city,'without the consent or direction of the Superintendent of Parks, in case of parks or public grounds and without the consent of the owner in case of cemeteries, private grounds or parkings, adjacent to private grounds or property of the owner, he shall be guilty of a misdemeanor. § 6o8. FIRES ON PAVEMENT. . Sec. 61. If any person, firm or corporation, builds or causes to be built, any fire or burns or causes to be burned, any rubbish of any kind or nature upon any street within the corporate limits of the city which is paved with asphalt or tar filled macadam, such person, firm or cor- poration will be guilty of a misdemeanor. § 609. TRACTION ENGINES ON PAVEMENT. Sec. 62. If any person, within the corporate limits of this city, takes or operates, or causes to be taken or operated, any tractor or trac- tion engine upon any street or thoroughfare, that is now or may 254 REVISED CITY ORDINANCES hereafter be paved with asphalt or tar filled macadam, or uses any traction engine upon any of the 'streets of the city as a motive power for moving any vehicle or building, he shall be guilty of a misdemeanor. § 61o. OIL PEDDLERS. REGULATIONS Or ON STREETS. Sec. 63. If any oil peddler or other person, within the corpor- ate limits of this city, allows any kerosene, gasoline, or other oils to be deposited upon any asphalt pavement, or to drip from any wagon, tank or other vessel upon any asphalt pavement Within the city, or if any peddler or person engaged in the de- livery of oils of any kind, upon or along streets paved with asphalt, fails to equip his wagon or vehicle used for that pur- pose, with a suitable apparatus so as to prevent all leakage of Oils upon said pavement, he shall be guilty of a misdemeanor. e. Miscellaneous Offenses § 61I. HARBORING VICIOUS DOGS. Sec. 64. If any person, within the corporate limits of this city, keeps or harbors any vicious dog or other animal, he shall be guilty of a misde- meanor. § 612. ABUSE or. ANIMALS. Seca 65. If any person, within the corporate limits of this city, inhumanly or cruelly beats or abuses any dumb animal, he shall be guilty of a mis- demeanor. § 613. COI\TrINING Fowzs. Sec. 66. If "any person, within the corporate limits of this city, fails to confine or keep confined, any chickens, ducks, geese, turkeys, or other fowls of any kind whatsoever, owned by him, upon his premises, or al- lows or permits same to pass from or off such premises upon the premises of another or upon the public streets or places of the city, he shall be guilty of a misdemeanor. § 614. OVERLOADING TEAMS. See. 67, If any person, firm or corporation, within the corporate limits of this city, owning, controling, or driving, vehicles drawn by horse or mules, who shall load, or cause, or permit such vehicles to be loaded in excess of the maximum hereafter set forth, such per- son, firm or corporation shall be deemed guilty of a misde- meanor. The maximum load to be carried by *any vehicle shall be four thousand (4000) pounds for each horse or mule em- ployed in drawing same. REVISED CITY ORDINANCES 255 §.615. USE or BARBED WIRE. Sec. 68. If any person, within the corporate limits of this city, uses any barb wire for the purpose of constructing any fence or in enclosing any tree, ornament, lot, park or plot of ground, he shall be deemed guilty of a misdemeanor. § 616. DEPOSITING CIRCULARS IN LETTER BOXES. Sec. 69. If any person, within the corporate limits of this city, places, deposits or puts in any letter box, annexed or attached to any Portion of a house or residence, intended for the receipt of United States mail, any circular, hand bills, or advertising mat- ter whatsoever not contained in an envelope, he shall be guilty of a misdemeanor. § 617. BILLIARD Rooms. HOURS To BE CLOSED. Sec. 7o. If any owner or person in charge of any billiard room or other place, within the corporate limits of this city, wherein billiard or pool tables are kept for compensation or hire, keeps same open after the hour of twelve (12) p. m. and before the hour of six (6) a.. m„ he shall be guilty of a misdemeanor. § 618. SOLICITING BAGGAGE. Sec. 71. If any person, within the corporate limits of this city, at or near any. railway depot or station, solicits baggage, guests, or passengers for any hotel, boarding house or other place in a noisy, rude and offen- sive manner, or if any person misrepresents or attempts to de- ceive any person as to the fare or price to be charged for carry- ing baggage, guests or passengers, or if any person at or near such railway station or depot, except at the outer five (5) feet of the sidewalk or depot platform, solicits any such baggage, guests or passengers, he shall be guilty of a misdemeanor. § 619. CARS IN MOTION. Sec. 72. If any person, ex- cept officers and employees connected therewith, and passen- gers departing and arriving thereon shall get on, or attempt to get on or off of any railroad car or locomotive engine while the same is in motion, he shall be guilty of a misdemeanor. § 620. BLASTING ROCK. Sec. 73. If any person shall blast rock within the City limits without the permission of the City Council and then only subject to such restrictions and reg- ulations as may be imposed by the council by resolution, he shall be guilty of a misdemeanor. § 621. BONrIRES. Sec. 74. If any person shall build or cause to be built, a bonfire within the fire limits, or within 5o REVISED CITY ORDINANCES feet of any house, barn, shed or other building or structure -out- side of the fire limits, he shall be guilty of a misdemeanor. f. Penalties for Violations § 622. PENALTY FOR VIOLATION. Sec. 75. Any person convicted of the violation of any of the foregoing sections of this ordinance or any part thereof, shall be fined not to exceed One Hundred ($ioo.00) Dollars together with costs of suit and shall stand committed until such fine and costs are paid or shall be imprisoned not to exceed thirty (3o) days. §.623. PRISONERS TO WORK OUT FINE. Sec. 76. Any able bodied male person over the age of sixteen years, and not over the age of 6o years, who shall be convicted of a misde- meanor under any of the ordinances of this city, and sentenced to pay a fine and costs of prosecution, or in default thereof be committed to the jail of ,Dubuque County, Iowa, may be com- pelled by the tribunal having jurisdiction of said cause, to work at hard labor upon the streets, or alleys, or in or about the pub- lic buildings or grounds of said city, during such reasonable time of the day as the person in charge of the prisoners may direct, but in no case to exceed eight hours per day. 624. MEANS USED TO PREVENT ESCAPE. Sec. 77. The officers having charge of any convict for the purposes specified in this ordinance may use all necessary means to prevent escape, and any convict attempting to escape, either while going from or returning to the jail, or while at labor, or at any time, or if he refuses to labor, the officers having him in charge, after due inquiry, may, to secure such person or to cause him to labor, cause him to be kept in solitary confinement, not more than ten (io) days for any one offense. § 625 CREDIT VOR WORK. Sec. 78. For every day's labor performed by any convict under the provisions of this ordinance, there shall be credited on any judgment or fine against him, the sum of Three and One-third Dollars a day, and he may demand a receipt therefor. REVISED CITY ORDINANCES TITLE XVIII. MISCELLANEOUS ORDINANCES. 257 Ordinance No. 79. An Ordinance Establishing the City Seal. Be it Ordained by the City Council of the City of Dubuque : 626. SEAL ESTABLISHED. Section i. That the seal heretofore provided and used by and for the City of Dubuque, having in the center the words "La Petite Nuit," and around the edge "Seal of the City of Dubuque, Iowa," is hereby established and declared to have been and now to be the seal of the City of Dubuque. ®=1'� �PNUIT EFITE� M • lltikk\\attke��®�` § 627. SEAL. CUSTODY OV. Sec.2. That the seal of the City shall be and remain in the custody of the Recorder of the City or his deputy, and shall be affixed by him to all ordinances, passed by the Council, which require the signature of the Mayor and Recorder, or either of them; it shall also be affixed by the Recorder to all warrants for the payment of money drawn upon the Treasurer, and upon such notices, certificates, and other authenticated papers as shall be required to. be issued by the Recorder, by law. The Treasurer shall pay no warrant or order for money until the seal shall be affixed thereto. Note: Charter Section I. Code Section 695. Seal must be affixed to bonds. Code Section 907. Recorder shall have custody of seal. Charter Section 12. iry 258 REVISED CITY ORDINANCES Ordinance No. 80. An Ordinance Fixing and Defining the Fiscal Year for the City to Provide for the Making of an Annual Appropria- tion of Funds to be Expended during thd Ensuing Year. Be it Ordained by the City Council of the City of Dubuque: § 628. VISCAL YEAR DEVINED. Section I.' That. the first day of March of each year shall be and is hereby fixed as the opening of the fiscal year, and that all accounts, records, statements, and transactions of every kind or nature .shall be based or dated from March i of each year as the fiscal year and that all accounts, records, and transactions be closed on the last day of February as the last day of the fiscal year. § 629. OEVICERS SHALL REPORT. Sec. 2. That at the end of each fiscal year, every officer of the, City shall make a full and complete report to the Council together with a statement of all money received and expended by him during said year, which report shall he filed with the Recorder before the first day of April of each year. That on or before the first day ,of March of each year, the Council shall make an appro- priation for all the expenditures of the City government for the following year, commencing on the first day of March. Such apropriation shall enumerate all the departments, officers, objects, and purposes for which the same is. made and shall set forth the amouyt. § 630. Duras oi AunrroR. Sec. 3. The Auditor shall, on the first clay of March, of each year, open an account with each fund thus created, by placing the 'amount apportioned to the credit of such fund, and all warrants drawn against such fund during the year shall be charged by him to such fund.. That no warrant shall be drawn or paid, or indebtedness con- tracted on account ,of any fund for which an appropriation was not made for the current year. Note : Officers shall furnish estimate thirty clays before beginning of fiscal year. Code Section 941. Apropriations to be fixed ator before beginning of fiscal year. Code Section 942. REVISED CITY ORDINANCES 259 Ordinance No. 81. An Ordinance Providing for the Execution of Contracts by the City. Be it Ordained by the City Council of the City of Dubuque: § 631. How ExcuTED. Section i. All deeds, releases, contracts, and conveyances on behalf of the City shall be made in the name of the City of Dubuque, and shall be signed by the Mayor, or in his absence by the Mayor Pro Tem,,and attested by the Recorder, and scaled with .the Corporate Seal of the City, and when required by law to be acknowledged, the Mayor or Mayor Pro Tem shall acknowledge the same. Ordinance iVo. 82. An Ordinance Prescribing the Manner of Keeping the Official Record of the Proceedings of the Council and Providing for the Publication of the Same. Be it Ordained by the City Council of the City of Dubuque: § 632, RECORD or MMING.S. Section I. That imme- diately after each regular or special meeting of the Council, the Recorder shall prepare a complete record.of the proceedings of such meeting, which shall contain in full the motions and reso- lutions offered or adopted, and all other action taken, or pro- ceedings had at such meeting. § 633. PRINTING RECORD, Sec. 2. The Recorder shall cause a condensed record of such proceedings to he published in the official papers. He shall also have the complete record printed on good paper with pages of uniform size suitable for binding in permanent form, which pages shall be numbered consecuti vely. § 634. MONTIII,Y RECORD. Sec. 3. That before the first meeting in each month, the Recorder shall have printed pro- ceedings of all meetings held during the previous month, bound together in pamphlet form, and shall furnish ,copies of the same to the Mayor and 'Members of the Council and to such other officersas the Council may direct. That at the first regular REVISED CITY ORDINANCES meeting in each month, the record of the proceedings included in such pamphlet shall be read, unless such reading shall be dispensed with by the Council. If objection to any part of the record is raised by a member of the Council, the same if found to be incorrect, shall be corrected, and when the record is correct, the same shall, by motion, be aproved. When the record has been so approved, the printed record of each meeting contained in said pamphlet shall be signed by the Mayor and attested by the Recorder, and shall then become the official record of the proceedings contained therein. 635. PERMANENT RECORD. Sec. 4. After the last day of December of each year, the Recorder shall have the printed pamphlets, which constitute the official record for the pre- ceding twelve months, bound together in book form, together with a complete index by subjects of the contents thereof, and when so bound said book shall constitute the permanent official record for the year, and the same shall be filed and kept in the office of the Recorder. Note : Charter Section 8. Statutes relating to City Ordinances made applicable to special charter cities. Code Section 952. Adoption and publication of ordinances. Code Section 685, 686, and 687. Statute requires yeas and nays to be called and recorded when voting on ordinances. Sultan vs. Mentzer, 154 Iowa,: i. Ordinance No. 83. An Ordinance Relating to the Personal Property of the City. Be it Ordained by the City Council of the City of Dubuque: § 636. WHO RESPONSIBLE 1`oR. Section i. That any officer of the City having in his possession or under his control any personal property of the City shall be responsible for the care and safe keeping of the same, and if any such property shall be lost, injured, or destroyed, through the carelessness or mismanagement of such officer, his deputy or agents, he shall be required to replace the same, and if he fails to do so, the value of the property may be deducted from his salary, or his bondsmen may be held liable for the same. REVISED CITY ORDINANCES 261 § 637. MusT GIVE RECEIPTS. Sec. 2. Whenever any officer shall take office, he shall prepare a complete schedule of all personal property delivered or turned over to him by his successor or any other person, and shall file such schedule in the office of the Auditor, and shall also give a receipt for the property to the officer from whom he received it Thatevery officer shall be held responsible for any property in his pos- session, as provided by Section i hereof, until he has delivered the same to his successor or to some other officer authorized to receipt for the same. § 638. AUTHORIZED TO PURCHASE. Sec. 3. No officer or committee of the City shall be authorized to purchase any personal property in the name of the City, for his own use or for the use of the City, unles he shall first secure a written order for the same from the Committee Clerk. Such order shall show the name of the person or committee to whom issued and shall specify each and every article to be purchased, and a copy of the came shall be delivered to the person or firm from whom the property is purchased, which copy shall be attached and filed with the bill for the same when said bill is presented to the Council for payment. That unless the provisions of this section are strictly complied with, the City shall not be re- sponsible for any personal property purchased for, or in the name of the city. Ordinance No. 84. An Ordinance Relating to the Numbering of Houses. Be it Ordained by the City Council of the City of Dubuque : § 639 ALL BUILDINGS MusT BE NUMBERED. Section I. That the owner or occupant of every building within the City fronting upon any public street, alley, or avenue, shall cause the .same to be numbered as hereinafter provided. Such owner or occupant shall apply to the Engineer for the number or numbers of the building of said person. That when the Engineer has assigned a number or numbers to said building, that the owner or occupant thereof shall have fixed on the front or main door or entrance thereof, the number or numbers of said building. 262 REVISED CITY ORDINANCES § 640. SIzE OP NUMBERS REQUIRED. Sec. 2. Numbers upon buildings may be of metal or wood, or may be painted upon metal or glass, but in every case each number shall be at least two and one-half inches in height and of a durable and legible character. § 641. NEW BUILDINGS. Sec. 3. All persons, firms, or corporations who shall hereafter apply for a building permit shall, at the time of so doing, secure from the Engineer's office the correct number of the building for which the permit is issued, and shall within ten days after such buildings have been completed for use or occupancy shall place numbers upon the same. § 642. How EN1oRCED. Sec. 4. It shall be the duty of the Engineer to see that the provisions of this ordinance are enforced, and it shall be his duty to designate the number to be assigned to each building, subject to the approval of the City Council if objections are made. thereof. He shall have the power to require owners of buildings 'to place numbers thereon by serving a written notice on such owner or his agent or upon the ocupant of such building, and if,any person fails to comply with such notice within twenty days thereafter, he shall be deemed guilty of a misdemeanor, and upon conviction he pun- ished by a fine of not less than one dollar ($1.00) nor more than one hundred dollars ($ioo.00). Note : Code Section 769. Ordinance No. 85. An Ordinance Relating to the Platting of Additions to the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : § 643. PLATS MUST BE SUBMITTED TO COUNCIL. Sec- tion 1. That no addition to the City or no subdivision of any parcel or tract of land into lots within the City wherein any streets, avenues, or alleys are to be dedicated to public use - shall be recognized for the purpose of making improvement; and no public funds shall be expended or labor performed by the City thereon, unless a plat of such addition or subdivision, showing the streets, avenues, or alleys to be dedicated to the REVISED CITY ORDINANCES 263 public use, shall be submitted to the Council and approved by it, and all streets, avenues, and alleys'thercin have been brought to the established grade. § 644. I NGINF;z;R SHALL REPORT. Sec. 2. That such plat shall be filed with the Council and the same shall he referred to the Engineer for a report thereon. That the Engineer shall investigate the same and shall establish upon the several streets, avenues, or alleys therein proposed to be dedicated to the City, a proper grade; and when such streets, avenues, or alleys have been brought to the established grade by the owner, the Engi- neer shall file a report with the Council. That upon the approval of such plat, and the filing of such report by the Engineer, and the adoption of an ordinance or resolution by the Council, accepting the dedication of such street, avenue, or alley, the plat shall be- made a matter of record in the office of the Engineer and he shall enter upon his records the grades es- tablished upon the several streets, avenues, or alleys therein, and thereafter the City shall have control over such streets, avenues, or alleys. § 645. STATUTES APPLICABLE. 'Sec. 3. That all of the proceedings had in relation to the platting of additions or sub- divisions shall be governed by Section 916 and 917 of the Code of Iowa and the Amendments thereto. Note: Platting Subdivisions and Additions. Charter Sec. 23. Code,. Chapter 13, Title V. Made applicable by Sec. 1024. As Acceptance of Dedication is Essential to the Validity of a Conveyance to the City of Streets and Alleys. 1Blernerhassct vs. Forest City, 117 Iowa, 680.- Lothrop vs. Central Iowa R. R., 69 Iowa, 105. Where There is no Express Dedication of a Street to the City, None Will lie filtered by Use Alone. Johnson vs. Robertson, 156 Iowa, 64. • The Ways Designated on a Plat as Alleys Become Public Ways on the Acceptance of the Dedication. Tolbert vs, Mason, 136 Iowa, 323. StreetsPlat. and Alleys Must Be Graded Before City Can Accept 38 G. A., Chapter 241. 264 REVISED CITY ORDINANCES Ordinance No. 86. An Ordinance Providing for Cutting Weeds on. Streets and Unimproved Grounds. Be it Ordained by the City Council of the City of Dubuque : § 646. DUTY Or OWNERS Or PRI"MISES TO CUT WEDS. Section 1. That it shall be the duty of the owner, holder, or agent of any vacant or unimproved lot, parcel of ground, or piece of land, or any park in front of the same, within the City, on which weeds at any time shall be growing, to cut, trim, or grub the same so that the weeds shall not go to seed, and if any such owner, holder, or agent fails or neglects to cut or grub such weeds within five days after the publication of notice by the City so to do, in the official newspaper of the City, the City may then proceed to cut or grub the same, and an accurate account of the costs or expense of the work done upon each separate lot or parcel of ground shall be kept and a report thereof made to the City Council, by the person doing such work. § 647. SPECIAL, ASSESSMENT VOR CUTTING WEEDS. Sec. 2. When the report of the costs and expenses of the work done has been filed, the Council shall, as soon as practicable, unless the amount is sooner paid by the owner, holder, or agent of the premises, proceed to make the costs and expenses of the said work a charge on the respective owners and holders of the lots or parcel of ground on which the work was done, and shall proceed to levy and assess the same as a special tax upon each separate lot or parcel of ground on which the same was done, in the manner provided in Ordinance No. 59, which special tax shall be and remain a lien upon such property until the same is paid and satisfied. Note :. Code 1913, Sec. 696. Ordinance No. 87. An Ordinance Providing for the Removal of Surface Water, Authorizing the Filling and Draining of Land of Stagnant Water, and Relating to Ravines, and Surface Drains. Be it Ordained by the City Council of the City of Dubuque : § 648. POWER or COUNCIL. Section i. That the Coun- cil may at any time, by resolution, order any piece of land or REVISED CITY ORDINANCES 265 lot upon which water at any time becomes stagnant to be filled to such height, or to be drained in such manner, and within such time as the Council; in said resolution, shall direct. § 649. OWNER SHALL COMPLY WITH ORDER. Sec. 2. It shall be the duty of the owner of such. piece of land or lot, or his agent, after service on him of a copy of such resolution, or after a publication for two consecutive weeks in some news- paper of general circulation in said city, to comply with the directions of said resolution within the time therein specified, and in case of failure or refusal to do said work, it may be done at the expense of the City, and the amount of money expended therefor shall be a debt due to the City from the owner of said property, 'and shall also be a lien on said piece of land or lot from the time of the adoption of said resolution. § 65o. MAY LEVY SPECIAL, ASSESSMENT. Sec. 3. The expense of filling any such piece of land or lot may be levied as a special tax thereon; said levy shall be by resolution, and said tax shall be collected in .the manner provided for the collection of other special taxes'. § 651. MAY ORDER OBSTRUCTION REMOVED. Sec. 4. The Council shall have power to require the owner or lessee of any lot, part of a lot, or tract of ground extending into, across, or bordering on any hollow or ravine which constitutes a drain for surface water, or a water course of any kind, who shall, by grading or filling of such lot, part of a lot or tract of ground, obstruct the ordinary flow of water through such ravine or water course, to build or construct, to the extent of such lot or filling, such a drain or passageway for water, as the Council may by resolution designate. § 652. PENALTY FOR VIOLATION. Sec. 6. In all cases where the owner or lessee of any lot, part of a lot, or tract of ground extending into, across, or bordering on any hollow or ravine which constitutes a drain for surface water, or water course of any kind, shall, without constructing a suitable drain, fill or grade said lot, part of a lot, ortract of ground so as to obstruct the flow of water through such water course and cause such water to accumulate on any street, alley, public place, or private lot or ground, to such an extent as to allow such water to become stagnant, he shall be considered as having caused a nuisance, and be deemed guilty of a misdemeanor, and, on. 266 REVISED CITY ORDINANCES cdnviction thereof, shall be punished by a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00), and be imprisoned until such fine and costs are paid, not exceeding thirty days. § 653. CITY MAY Do WORK. Sec. 7. In addition to the penalties provided in the foregoing section, in case the owner or lessee shall grade or fill any lot, part.of a lot, or tract of ground extending into, across, or bordering on any holloviT or ravine so as to obstruct the (low of water, the Council shall have power, by resolution, to order such owner or lessee, to con- struct such a drain as said Council shall order, and within the time to he designated by the Council, and upon such order being made, it shall he the duty of ;the Street Commissioner to notify such owner or lessee, in writing, and if such owner or lessee shall fail or refuse to construct such drain within the time and manner required, the Street Commissioner shall at once proceed to build such drain, and report the expense thereof, with all costs arising therefrom, to the Council, where- upon the Council may, by resolution, levy and assess said sum as a special tax upon the property so drained, after giving the notice and allowing the hearing; as provided in relation to sidewalks. Note : Charter, Sec. 7, Par. 8. Ordinance No. 88. .An Orinance Adopting the Revision .of the Ordinances to be Known as "Revised Ordinances of .1919"; Repealing Other Ordinances and Parts of Ordinances, and Providing . for the Publication of Such Revision. Be it Ordained by the City Council of the City of Dubuque : § 654. Section 1. That the revision of the Ordinances of the City being Ordinance No. I to Ordinance No. 87, in- clusive, shall constitute and be known as the "Revised Ordi- nances of 1919." § 655. Sec. 2. That Ordinance No. I to Ordinance No. 87, inclusive, as set out in said revision, are hereby adopted as the Ordinances.of the City, and the same are -ordered published REVISED CITY ORDINANCES 267 in book forrn. That when so'published, the sante shall he cer- tified to by the Recorder of the City, and shall then be in full force and effect. • § 656. Sec. 3. That all existing special and general Ordinances or parts thereof, not contained in said revision, are hereby repealed, except: 1st, Ordinances granting franchises or rights to individuals or corporations, or extensions of limi- tations of such rights, which have been heretofore adopted. 2nd, Ordinances establishing the grades of streets, avenues, and alleys, and" Ordinances establishing, altering, widening, con- tracting, or vacating streets, avenues, and alleys. 3rd, Ordi- nances making appropriations for City expenditures. 4th, Ordinances granting special rights to corporations or indi- viduals. And it is further provided that no fine, forfeiture, or penalty, which is now due or has accrued, or which arises out of any of the Ordinances, or parts thereof, hereby repealed, shall be released or discharged or in any way effected by such revision or the repeal of any such Ordinances or parts thereof. And it is further provided that no suit or other proceedings which have been commenced or is now pending, arising out of any such Ordinances or parts thereof, shall be affected by such revision or the repeal of such Ordinances or any part thereof. And it is further provided that no existing term of office or the emoluments thereof shall be in any way affected by such re- vision or the repeal of any of the Ordinances or parts thereof. It is further provided that the terms of private Ordinances, orders or resolutions passed by the Council, which are not repealed, shall not he enlarged or abridged or in any other way affected by such revision or the repeal of any such Ordinances or parts thereof. Adopted Jitly 2ist, 1919. _ Approved July 22nd, 1919. Attest : JOHN STUBER, City Recorder. JAMES SAUL, Mayor. Published officially in the Dubuque Times -Journal and the Telegraph -Herald newspapers, July 24th, 1919. JOHN STUBER, City Recorder. PART 11. Special Ordinances- SPECIAL, ORDINANCES 271 TITLE XIX. BRIDGE COMPANIES. AN ORDINANCE granting the right of way to the Dunleith & Dubuque Bridge Company for a railroad across and along certain streets, alleys, levees and public property in • the City of Dubuque,and giving the right to locate the westerly end of said bridge on the outer levee. Be it Ordained by the City Council of the City of Dubuque: Section t. That the right of way he, and is hereby granted to the Dunlicth & Dubuque Bridge Company across and along all streets, alleys, levees, public grounds or property of the City of Dubuque, with the right to lay proper tracks along the same, as are embraced within the following limits, to -wit : All streets, alleys, levees, public grounds or city property lying east of a line commencing at Railroad Avenue, on the west side of the alley, between Main and Iowa Streets thence along the west side of said alley to Jones Street; thence northerly along the west side of Iowa Street to Second Street; thence to west side of inner leve; thence along west side of inner levee to north side of Sixth Street; thence northerly along the west side of Jackson Street to Ninth Street; thence along north side of Ninth Street to Washington Street; thence along west side of Washington Street to. Eighteenth Street, thence easterly to the main channel of the Mississippi river; also. the right to abut the westerly end of said bridge at the outer levee between Sixth and Seventh Streets, or on either of said streets; reserving, however, to the City Council the right to make all needful and useful regulations concerning the running of trains, the speed of the same, and all other proper police regulations : Provided, That the rights herein granted to the said Dunleith & Dubuque Bridge Company shall cease and determine as to all, streets, SPECIAL ORDINANCES alleys or other property not actually occupied by the tracks of said company or selected by said company for track or tracks, to be forthwith constructed within three years from the date of this Ordinance. Sec. 2. That it shall be the duty of said Dunleith & Du- buque Bridge Company, and their assigns, to keep up and maintain in good order and repair all the crossings of the streets and alleys in said City of Dubuque, also to repair and restore to good order and condition any and all sewers, curbs, or other public improvements, which may be injured, damaged or destroyed in constructing or using said track or tracks. Passed June 7, 1867. Chapter L,XXI. Revised Ordinances, 1901. AN ORDINANCE to repeal part of an Ordinance entitled "An Ordinance granting the right of way to the Dunleith & Dubuque Bridge Company for a railroad across and along streets, alleys, levees and public property in the City of Dubuque and granting the right to locate the westerly end of said bridge on the outer levee." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Ordinance entitled "An Ordinance granting the right of way to the Dunleith & Dubuque Bridge Company for a railroad across and along certain streets, alleys, levees and public property in the City of Dubuque, and granting the right to locate the westerly end of said bridge on the outer levee," passed June 7, 1867, be and the same is hereby repealed, except so much of said Ordinance as fixes the location of the western terminus or abutment of said bridge. Passed May 14., 1868. Chapter LXXII. Revised Ordinances, 1901. it SPECIAL, ORDINANCES 273 AN ORDINANCE authorizing and to provide for aiding the Construction of a Wagon and Foot Bridge over the Mis- sissippi River between the City of Dubuque in the State of Iowa, and the Town of East Dubuque, in the State of Illinois. • Be it Ordained by the City Council of the City of Dubuque : Section i. That authoity and permission be, and is hereby granted to the Dubuque Pontoon Bridge Company to construct. and maintain from the Iowa shore of the Mississippi River, at or near the foot of Pine Street, in the City of Dubuque, Iowa, across said river to the Town of East Dubuque, in the -State of Illinois, a bridge adapted and suitable for the crossing of vehicles, horsemen, footmen and animals, and the ordinary public uses and purposes of highway bridges. Sec. 2. Said bridge shall be built below, and as near the , present railway bridge of the Dunleith & Dubuque Bridge Com- pany as shall be practicable, without interference with said railway bridge, the exact location of the sane within the City of Dubuque, to be subject to the approval of the City Council of said city. The said bridge shall be constructed in an en- tirely safe and substantial manner, with stone piers and iron or steel superstructure, and a draw of such dimensions and character as shall be approved by the Secretary of War. The draw may be dispensed with, provided the superstructure of said bridge across the spans below, and in line with the spans of the present railway bridge of the Dunleith & Dubuque Bridge Company, next last and west of the central draw pier of said railway bridge, shall be constructed of a height suf- ficient to permit the free passage under the same, at all stages of water, of steamboats and other water crafts navigating the Mississippi river; said bridge shall be of sufficient width for a roadway broad enough for two teams to pass each other, and for a separate walk for foot passengers. Before the commence- ment of the construction of said bridge, the plans for the same shall be submitted to, and receive the approval of the City Council of the City of Dubuque. Sec. 3. For the purpose of connecting the westerly end of said bridge with the public streets of the city, said Dubuque Pontoon Bridge Company shall be authorized to construct a suitable approach to the sante over or across the outer levee, but 18 274 SPECIAL, ORDINANCES said approach shall he constructed in such a manner and on such a plan as shall cause the -least possible obstruction to the use of said levee by the public as a highway or landing and shall not interfere with the right of way along the the same granted by the city to the Chicago, Burlington & Northern Railway Company. Before the commencement of the con- struction of such approach, the plans for the same shall he sub- mitted to and be' approved by the City Council, and authority is hereby expressly reserved to the City of Dubuque to require said approach over the levee to be constructed on the plan of a viaduct. Sec. 4. That for the purpose of aiding and encouraging said Dubuque Pontoon Bridge Company, in the construction of said bridge, the City of Dubuque hereby agrees to appro- priate and pay to said bridge company, from the treasury, of said city, to be used solely in the construction of said bridge, the sum of twenty-five thousand dollars, one-half of said sum to be paid to said company when it shall be made to appear to the City Council, from the certificate of the engineer in charge of the work, examined and approved by an engineer experienced in the construction of such bridges, selected by the City Coun- cil for that purpose, that the work of constructing said bridge is fully one-half completed; and the remaining one-half of said stun when said bridge shall be fully completed and ready for use. But no portion of said sum of twenty-five thousand dollars shall be paid to said company until it shall be shown to the entire satisfaction of the City Council that all the funds neces- sary to enable said bridge company to complete and pay for the construction of said bridge, including the amount to be con- tributed by the city, have been fully secured. Sec. 5. That the City of Dubuque further agrees that until the revenues derived from operating said bridge by the Dubuque Pontoon Bridge Company shall be sufficient to pay a net annual dividend or interest of eight per cent on the money actually invested in the construction of said bridge and its approaches, less the $25,000 contributed by the city, that said city will exempt said bridge from all taxation for city purposes. Sec. 6. In consideration of the aid herein stipulated, to be rendered by the City of Dubuque in the construction of said bridge, and the exemption of the same from city taxa - SPECIAL ORDINANCES 275 tion, the City of Dubuque shall have the right to fix the rate bf charges on said bridge, and may do so from .year to year, but shall not fix the toll to be charged for teams over and back at less than 25 cents nor for foot passengers over and back at less than 5 cents, or at those rates. Sec. 7. In further consideration of said aid and exemp- tion, it is hereby expressly stipulated that if at any time the City of Dubuque should desire to make said bridge free from toll, Or partially so, it shall have for that purpose the right to take said bridge into its own possession arid control, and to operate the same by paying yearly at the end of each year, to said Dubuque Pontoon Bridge Company, the net annual interest of eight per cent on the actual cost of constructing said bridge and its approaches, less the twenty-five thousand dollars contributed by said city. In such case the City of Du- buque shall itself keep said bridge iii good repair and condition, and pay the expense of operation. But at 'any time, whether before or after the city has determined to exercise this right, the bridge company may pay back to the city the said twenty- five thousand dollars, by it contributed toward constructing the bridge, without interest, and thereafter may have, hole and operate said bridge, discharged of all right on the part of the - city to make it a free bridge under the foregoing option. Sec. 8. Iii further consideration of the aid and exemp- tion hereinbefore stipulated on the part of the City of Du- buque, it is provided and agreed by said Dubuque Pontoon Bridge Company, that the Mayor of said city shall be ex - officio a member of the Board of Directors of said bridge company, with the same powers and authority as the other directors thereof. See. g. It is also expressly provided and conditioned that whenever required by resolution of the City Council, said bridge company shall furnish said Council with statements in writing, duly sworn to, showing the actual cost of the bridge, less the amount contributed by the city, and the amount of the annual receipts of said company derived froin operating said bridge, arid the expenses of operating the •same. The Mayor, Auditor and Assessor of said city, or either, or any of said Officers`, shall have the authority and right at any time to examine the hooks and records of said company for the pur- pose of comparing or verifying such statements, or of aster- 276 SPECIAL, ORDINANCES taining the actual cost of the bridge, and the receipts from and expense of operating the same. In computing the actual cost of 'the bridge, and the annual expenses of the company in operating the same, for the purpose of ascertaining the rights of the city under Sections 5 and 7 of this Ordinance, no payments or indebtedness for interest on money borrowed by said com- pany shall be considered or taken into account. Sec. io. That it is expressly understood that this Or- dinance, when accepted by said Dubuque Pontoon Bridge Corn- pany, shall he construed to be a mutual contract between the City of Dubuque and said company, and all its provisions and conditions binding upon both parties. Sec. 11, The City of Dubuque reserves the right to super- intend and direct the construction of the westerly approach to said bridge; to make all proper regulations for operating the bridge, and to establish such police regulations as it may deem necessary. Sec. 12. The bridge herein provided for, shall not be used for any other purpose than that of an ordinary wagon bridge, as specified in Section 1 of this Ordinance, nor diverted from such use, without the consent and approval of the City Council of the City of Dubuque, expressed by ordinance. And in case of a violation of this condition, or if said bridge shall pass into the possession and ownership, or under the con- trol of any other company or persons, without the consent and approval of said City Council, expressed as aforesaid, the City of Dubuque shall at once become entitled to claim and demand repayment of the twenty-five thousand dollars, stipu- lated in Section 4, to be paid to the Dubuque Pontoon Bridge Company to aid the construction of said bridge or such portion of said sum as may have been paid to said company, with legal interest from the date of the making such claim and demand, and may maintain an action against said company to recover the same, and shall have a first lien on said bridge for the amount. Sec. 13. Unless said Dubuque Pontoon Bridge Company shall commence the actual construction of said bridge within four months from the taking effect of this Ordinance, and pro- secute the same vigorously thereafter, until completion, then this Ordinance shall be come absolutely null and void, time being SPECIAI, ORDINANCES 277 expressly made a condition hereof. And unless the work of constructing said bridge shall be fully one-half completed, as contemplated in the provisions of Section 4, within one year after the taking effect of this Ordinance, the City of Dubuque shall be absolutely and wholly released from any •obligation to grant the aid in money, or exempt from city taxation, as provided by the provisions of Sections 4 and 5; and the City Council may, at its option, repeal this Ordinance at any time thereafter. Sec. 14. The Dubuque Pontoon Bridge Company shall file with the City Recorder, a written acceptance of this Ordinance, within ten days after the date of its passage, otherwise it shall become absolutely null and void. If this Ordinance shall be accepted by said bridge company, within the time herein speci- fied, it shall thereupon be published in the Dubuque Daily Telegraph, and take effect and be in force from and'after such publication. Passed August 2, A. D., 1886. Accepted August 4, 1886. Chapter XI,IX. Revised Ordinances, 1901. AN ORDINANCE fixing the tolls of the Dubuque Pontoon Bridge Company, and authorize the eollectiono f the sante. Be it Ordained by the City Council of the City of Dubuque : Section i. That the Dubuque Pontoon Bridge Company, for the use of its bridge, is authorized and empowered to charge and collect the following tolls : Each wagon, 'hack or buggy, with, one or two horses and driver, over and back $0.25 Man and horse, over and back .15 Each wagon, hack or other vehicle, with four horses and driver, over and back .40 Each passenger, over and back .05 Each led horse .10 Cattle 05 Hogs .05 Sheep .05 Adopted December 14, 1887. Chapter L. Revised Ordinances, 1901. 278 SPECIAL ORDINANCES TITLE XX. LIGHT AND POWER COMPANIES. AN ORDINANCE to provide for Lighting the City of Du- buque with Gas, and amendment thereto. Be it Ordained by the City Council of the City of Dubuque : Section 1. That Benajah Barker and Harvey B. Spelman, their successors, associates and assigns, as individuals, or as a body corporate, under such name as they may hereafter adopt, be and they are hereby authorized to use exclusively for the term of twenty-four years from the date of this Ordinance, the streets, lanes, alleys and public grounds of said city, includ- ing any territory that hereafter may be added to the same, for the purpose of laying down in said streets, lanes, alleys and public grounds, pipes for conveying gas, for supplying said city and'the inhabitants thereof with gas light; Provided, That said Barker and Spelman, their associates, successors and assigns, shall give the Street Commissioner of said city -one day's notice previous to the opening of any street, lane, alley or public ground, for the purposes aforesaid, and shall not unnecessarily obstruct the passage of said streets, etc., and shall within a reasonable time repair such streets, etc., as they may have opened, to the acceptance of the Street Commissioner or other proper officer. Sec. 2. That the privileges herein granted are upon the express condition that said Barker and Spelman, their asso- ciates, successors and assigns, shall by the first day of April, A. D. 1855, commence within said city, and complete .by the first day of December,. A. D., 1855, works and apparatus for the manufacture of gas, from coal or any other materials of which gas is now or may hereafter be made, and shall lay down at least one mile of leading pipe, and continue thereafter to maintain their works, and extend their leading pipes through SPECIAL ORDINANCES 279 such localities in said city as the consumption of gas May justify, and shall furnish gas for public and private .use in said city, at rates not exceeding the average prices at which gas is furnished in other cities, adding difference in cost of material and expense of manufacture (if any), but such rates not to exceed for gas for public lamps, the sum of two dollars and fifty cents per thousand cubic feet, and for gas for private use not to exceed three dollars and fifty cents per thousand cubic feet. All lamps, meters and fittings to be furnished at the expense of the City for public lamps : Provided, That if said City Council shall at any period prior to April 1, 1855, give said Barker and Spelman, their associates, successors or assigns, a written guarantee that they will, within twelve months thereafter, furnish a consump- tion of gas equal to twelve hundred nightly burners, on a .dist- ance in the streets of said city not exceeding one mile and a half from said gas works, then, and in that case, said Barker and Spelman, their associates, successors or assigns, shall with- in sixty days after the receipt of said guarantee commence and within twelve months thereafter complete said gas works and lay down said one mile of leading pipe : Provided, That any temporary failure on the part of said Barker and Spelman to perform any of the conditions of this Ordinance, when such failure is occasioned by accidents or untoward events, shall not work a forfeiture of the privileges hereby conferred, in case the same shall be repaired within a reasonable time. Sec. 3. That said Barker and Spelman, their successors, associates or assigns shall file with the City Recorder a notice of their acceptance of this Ordinance within ninety days from and after its passage. Passed September 13, 1853. Sec. 4. That the Ordinances passed Sept. 13, 1853, giving to Benajah Barker and Harvey B. Spelman, their successors, associates and assigns as individuals, or as a body corporate under whatever name they might adopt, the rights and privil- eges of lighting said City of Dubuque with gas for the term of twenty years from the date of said Ordinances, be and is hereby extended and continued for the further period of ten years, to the successors and assigns of the grantees in said Ordinances named with the following modifications and changes. Sec. 5. That the price of gas furnished to the city for light- ing public lamps or for other public _uses, also the price of gas 280 SPECIAL ORDINANCES furnished to private consumers, shall be subject to the control and regulation of the City Council of the City of Dubuque, which price shall be fixed once in every year by said Council. Sec. 6. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Passed November 5, 1877. Chapter I. Revised Ordinances, 1901. AN ORDINANCE providing for the extension of the right of the Key City Gas Company to lay its gas pipes in the streets and alleys of the City of Dubuque for ten years, commencing July r, 1884, on certain conditions, and to amend an Ordinance entitled "An Ordinance to provide for lighting the City of Dubuque with gas," which passed September 13, 1853, and amended and extended November 5, 1877. Be it Ordained by the City Council of the City of Dubuque : Section i. That the rights now held and enjoyed by the Key City Gas Company, of laying its gas pipes in the streets and alleys of the City of Dubuque, under and by virtue of the provisions of an Ordinance entitled "An Ordinance to provide for lighting the City of Dubuque with gas," passed September 13,1853, and amended and extended November 5, 1877, be and the same are hereby continued for the term of ten years from the first day of July, 1884, upon the conditions and restrictions hereinafter expressed. Sec. 2. In consideration of said extension, the said Key City .Gas Company shall agree and bind itself, whenever re- quired, to furnish gas for illuminating, cooking and heating pur- poses to the City of Dubuque, and the inhabitants thereof, in all cases where the buildings or street lamps to be supplied are situated on or contiguous to the line of the streets or alleys in which the gas pipes of said, company may be laid, or hereafter extended, at prices not to exceed the following rates : First—For all gas used by the city, in the City Hall, Vire Engine Houses, and other city buildings for the five years commencing July 1, 1884, per thou- sand cubic feet $ 2.00 For gas for five years, commencing July 1, 1889 1.5o SPECIAL ORDINANCES Second—For each street lamp,. per annum, including cleaning, keeping in repair and furnishing burners as needed, until the number in use shall reach 250 25.00 When the number shall reach 25o, and until it shall reach 300 23.0o When the number shall reach 300, for the balance of the ten years 21.00 Third—For gas for private consumers, for the first five years, commencing July i, 1884, per thousand cubic feet 2.5o For gas for the five years commencing July i, 1889, per thousand cubic feet • 2.25 Sec. 3. Nothing in this Ordinance shall he construed to prohibit or prevent the City of Dubuque, at any time, from granting to any other parties or corporation the right to lay gas pipes in the streets and alleys of the city, nor to prevent said city or the inhabitants thereof from obtaining gas for illuminating or other purposes from such other parties or cor- porations. Sec. 4. Said city shall not be liable for any damage to the pipes or other property of said company caused by any change of grade, or the cutting down of the surface of any street, nor for the expense of lowering or relaying of said pipes necessary in consequence of the change of the surface of any street in the city. 281 Sec. 5. That said Key City Gas Company, shall, while excavating or otherwise obstructing any street, alley or public place in said city for the renewal, extension or repair of any of its pipes, or for any otherpur-pose, keep such excavation or obstruction properly guarded and lighted to prevent accident or injury, and restore the same to as good condition as before so obstructed 'or excavated; and upon the failure so to do, or should said alley, street or public place become out of repair, on account of such repairs made by said company being imper- fect and insufficient, then in that case the City of Dubuque may make or complete the same and retain the expense thereby incurred out of any money due or becoming due to said com- pany; and in case any suit or action at 'law be commenced against the City of Dubuque upon any claim for damage arising out of any loss, injury or damage charged to have been caused by any obstruction or excavation in any street, alley or public 282 SPECIAL, ORDINANCES place in said city, and which obstruction or excavation was made or left in upon said public place, street or alley, by said company, its agents or employes, upon being notified by said city- of such action or proceeding, said company shall appear and make proper defence thereto; and if any judgment or de- cree shall in any such case be rendered against the city therein, said company hereby agrees to assume and pay such judgment or decree, with the costs thereof. Sec. 6. Any provision of the Ordinance entitled, "An Ordinance to provide for lighting the City of Dubuque with gas," passed September 13, 1853, and amended and extended November 5, 1877, so far as the same may conflict with any of the provisions of this Ordinance, are hereby repealed. Adopted 1884. Chapter II. Revised Ordinances, 1901. AN ORDINANCE providing for the extension of the right of the Key City Gas Company to lay and maintain its gas pipes in the streets and alleys of the City of Dubuque for twenty years, commencing July 1, 1894, and to amend the present Ordinance relating thereto. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the rights now held and enjoyed by the Key City Gas Company of laying and maintaining its gas pipes in the streets and alleys of the City of Dubuque under and by virtue of the provisions of an Ordinance entitled "An Ordi- nance providing for the extension of the right of the Key City Gas Company to lay its gas pipes in the streets and alleys of the City of Dubuque for ten years, commencing July 1, 1884, on certain conditions," and to amend an Ordinance entitled "An Ordinance to provide for lighting the City of Dubuque with gas, which passed September 13, 1853,. and amended and extended November 5, 1877," be, and the saine are hereby continued for the term of twenty years from the first day of July, 1894. Sec. 2. That the rights and privileges hereby extended shall be subject to all the conditions and reservations contained in the Ordinance referred to in the preceding section and amendments thereto. Adopted June 11, 1892. Accepted July, 1, 1894. Chapter III. Revised Ordinances, 1901. SPECIAL ORDINANCES 283 AN ORDINANCE providing for the extension of the right of the Key City Gas Company to lay and 'maintain its gas pipes in the streets and alleys of the City of Dubuque, for the period of eight years, from and after the first day of July, A. D., 1914, and to amend the present Ordinances relating thereto. Be it Ordained by the City Council of the City of Dubuque : Section 1. That in consideration of the faithful perform- ance and observance of the conditions and reservations herein- after specified, the rights and privileges now held and enjoyed by the Key City Gas Company, of laying and maintaining its gas pipes in the streets and alleys of the City of Dubuque, un- der and by virtue of the provisions of an Ordinance entitled "An Ordinance to provide for the Lighting of the City of Du- buque with gas" passed September 13, 1853, and the several amendments thereto and extensions thereof, be and the same are hereby continued and extended for the additional period of eight years, from and after the first day of July, 1914. Sec. 2. That the rights and privileges hereby extended and continued shall be subject to all the conditions -and reservations expressed and specified in the original ordinance in favor of Benajah Barker and Harvey B. Spelman adopted September 13, 1853, as changed and modified by the provisions of the several subsequent ordinances amending and extending the same and contained and comprised in Chapters eighty-one, eighty-two and eighty-three of the Revised Ordinances of 1893. Sec. 3. That Section Five of the amendment to said Orig- inal Ordinance in favor of Barker and Spelman, passed Novem- ber 5, 1877, be, and the same is hereby so amended as to read as follows :. That the price of gas furnished to the city for lighting public lamps and for other public uses; also the price of gas furnished to private consumers and the rates of rent for meters in public or private buildings. and houses shall be sub- ject to the control and regulation of the City Council of the City of Dubuque, which price and rates shall be fixed not oftener than once a year, at any time the Council in its discretion shall deem it expedient and proper to do so. Provided, That such price or rates shall not be so fixed, until after reasonable notice to said company of the intention of the Council. to exercise the 284 SPECIAL ORDINANCES rights to fix the same. And further provided, that the control and regulation of prices and rates shall be subject to any statute of this state relative thereto, now, or hereafter enacted. Sec. 4. That in consideration of the extension of franchise provided for in the First Section of this Ordinance the said Key City Gas Company shall agree and bind itself, whenever re- quired to furnish gas for illuminating, cooking and heating pur- poses to the City of Dubuque and the inhabitants thereof in all cases where the buildings to be supplied are situated on or con- tiguous to the line of the streets or alleys in which the gas pipes of said company may be laid and at the price fixed from time to time, as aforesaid by the City Council; and also in all cases whenever required to promptly make the usual meter connec- tions necessary to properly supply any building situated as aforesaid with gas for the purposes above specified. Sec. 5. That this Ordinance when accepted by the Key City Gas Company shall be construed to have the force of a contract between the City of Dubuque and said company and be mutually binding on both parties. Sec. 6. That this Ordinance shall be accepted by said Company within fifteen days after its passage by the City Coun- cil, otherwise it shall cease to have any force or effect. If adopted by said company within the time herein specified, it shall be published one time in the Dubuque Daily Telegraph newspaper, and shall thereupon take effect and be in full force. Passed August 26, 1897. Approved September 8, 1897. Published September 9, 1897. Accepted September 8, 1897. Chapter IV. Revised Ordinances, 1901. f SPECIAL ORDINANCES 285 AN ORDINANCE granting to the. Union Electric Company, a corporation of Dubuque, Iowa, its successors and assigns, the right to maintain and operate street railway lines here- tofore constructed, along certain streets in the City of Du- buque, under rights granted to the Dubuque Street Rail- way Company, to David H. Ogden, to William L. Allen and Thos. 0. Swiney and to the Union Electric Company, and granting to said Union Electric Company, its suc- cessor or assigns, the right to construct,' maintain and operate lines of street railway, upon and along certain other streets in the said city; and to regulate the construc- tion, maintenance and operation of such street railway; and; Whereas, The City of Dubuque, at different times, and by separate ordinances, heretofore granted to the Dubuque Street Railway Company, to David H. Ogden, to Willian L. Allen and Thos. O. Swiney, and 'to the Union Electric Company, and their successors and assigns, the right to construct, operate and main- tain lines of street railway upon and along certain streets in the city of Dubuque; and, Whereas, Said rights were granted for various terms of years; and, Whereas, The Union Electric Company has become the owner 'of all said rights and franchises, and it is deemed ex- pedient for the betterment of public service that all rights and franchises in respect of the construction, maintenance and operation of all said lines shall be subject to uniform conditions and restrictions and shall terminate at one and the same time; now therefore, Be it Ordained by the City Council of the City of Dubuque : Section 1. That there is hereby granted to the Union Electric Company a corporation organized under the laws of Iowa, its successors and assigns, the right and authority to maintain and operate upon and along the streets of the city of Dubuque, all the lines of street railway, as at present construct- ed thereon, and operated by the said Union Electric Company, under franchises and ordinances heretofore granted by the City of Dubuque to the Dubuque Street Railway Company, to William L. Allen and Thos. O. Swiney, to David H. Ogden and their successors and assigns and to said Union Electric 286 SPECIAL, ORDINANCES Company, upon • the conditions and under the restriction set forth in this ordinance, for the period of twenty-five years from the adoption hereof, and its acceptance by said Company. The lines of street railway so constructed and _operated, and hereby authorized to be operated and maintained being more particularly described and located as follows, to -wit : A line of double track street railway, commencing at the main line of the Illinois Central railroad, on Jones Street, thence to Main Street, thLnce on Main Street northerly to Thirteenth Street, also from Thirteenth Street to Eighteenth Street on Clay Street; also from Clay Street to Couler Avenue on Eighteenth Street, also along Couler Avenue from Eigh- teenth Steet to Sanford Street, also along Couler Avenue from Peru road northerly to the City limits, also along Iowa Street from Sixth Street to Eleventh Street and also along Jackson Street from Sixteenth Street to Eagle Point Avenue. A line of single track street railway•commencing on Jones Street at its eastern terminus, thence to and connecting with the double tracks at the main line of the Illinois Central rail- road; also on Main Street from Thirteenth Street to Fifteenth Street; also on Fifteenth Street from Main Street to Clay Street; also on Thirteenth Street from Main Street to Clay Street; also On Second. Street from Locust Street to Iowa Street; also on Iowa Street from Second Street to Third Street and from Fifth Street to Sixth Street; also on Third Street from Iowa to Clay Street, thence from Third Street on Clay Street to Thirteenth Street; also along Cooler Avenue, from Sanford Street to Perti road, thence along Peru toad from Couler Avenue. to Jackson Street; also on Jackson Street from, Peru Road to Eagle Point Avenue; also on Sanford Street from Couler Avenue to Jackson Street; also on Jackson Street from Sixteenth Street to Fourteenth Street ; also on Fourteenth Street from Jackson Street to Iowa Street; also on Sixteenth Street from Jackson Street to Iowa Street; also along Iowa Street from Eleventh Street to Sixteenth Street; also along Eagle Point Avenue from Jackson Street to Windsor Avenue thence. along Windsor Avenue to the northerly terminus of said avenue ; also a single track from Couler Avenue along Rhorni- berg Avenue to its terminus at Eagle Point; also, on South Doge Street from Grandview Avenue to' Dodge Street, thence .on Dodge Street to South Locust Street; thence northerly on SPECIAL ORDINANCES 287 • South Locust Street and Locust Street to Fifth Street, thence on Fifth Street from Locust Street to Iowa Street; also on Eighth Street street beginning at main line track of -the Chicago Great Western railroad and running westerly along Eighth Street and West Eighth Street to Hill Street; thence south- westerly on Hill Street to West Third Street; thence west on West Third Street to Alpine Street, thence along Alpine Street to Julien Avenue, thence westerly on Julien Avenue to Delhi Street, thence southwesterly and northwesterly on Delhi Street to Asbury Street. Sec. 2. There is also hereby granted to the said Union Electric Company, .its successors and assigns, under the same conditions and restrictions, the right to lay a single track with necessary switches and turn -outs hereafter to be determined and agreed upon, along and upon the following streets in the City of Dubuque, to -wit Commencing at the intersection of Eagle Point Avenue and Jackson Street, thence werterly along and upon said Eagle Point Avenue to Couler Avenue to connect with the present tracks ; to extend the track on Iowa Street from the intersection of Fifth and Iowa Streets southerly along and upon_ said Iowa Street to Third Street to connect with present track. Also the right to lay a second track on said Rhomberg Avenue between Eighth Avenue and the present northerly terminus of said track on Rhomberg avenue or so much thereof .as said Union Electric Company may find necessary for the more convenient operation of its cars on said avenue. Sec. 3. For the purpose of constructing, maintaining and operating said street railway lines, said Union Electric Com- pany, its successors and assigns, shall have the right and au- thority to go upon said streets and parts of streets and make such excavations therein as may be necessary for the con- struction, completion, operation and maintenance of said lines, and shall have the further right and authority to make track and overhead wire connections with car barns and power houses, and at all intersections, and to construct all necessary side-tracks, turn -outs and switches and shall also have the right to erect, construct and maintain such overhead wires and poles as may be necessary to conduct their electrical power over said wires from their power stations to and along said lines of street railway, and at offices, and for signals and dispatching purposes, 288 SPECIAL ORDINANCES provided, that in constructing and repairing its said road, said Union Electric Company, its successors and assigns, after hav- ing so excavated and encumbered any street or part thereof, shall restore and leave the same, as early as may he practicable; in as good condition as it was at the time of commencing such • work; provided that before commencing any such construction or repairs, said Union Electric Company, its cuccessors and assigns shall, in writing, apply to the mayor of the city, stating. the nature of such work, the time and place where the same is proposed to be done and thereupon said mayor shall, if satisfied that such work may properly be proceeded with, issue a written permit, authorizing said Union Electric Company, its successors and assigns to begin and complete such work. Sec. 4. Said Union Electric Company, its successors and assigns, shall pave or macadamize that portion of the street or avenue along or over which said railway shall be laid, between the rails and one foot on each side thereof, at such time and with such material as the city shall pave or macadamize the remain- ing portion of the street. Sec. 5. The said street railway lines shall be constructed on the established grades of the streets or highways. The tracks, poles and other structures, shall be raised or lowered from time to time without expense to the city to correspond with 'any change that may be made in the grade of said streets. The gauge of said street railway shall be that known as the standard gauge, to -Wit, four feet, eight and one-half inches, and the center line of the spaces between the tracks of said rail- way shall coincide as nearly as practicable with the center line of said streets whereon the same are located. Sec. 6. Said Union F1ectric Company, its successors and assigns shall repair all damage that may be done to streets in or by the construction or- maintenance of said railway, shall also keep the space between said railway tracks and one foot on each side thereof in good repair at all times, provided, that in the case of double tracks, when the distance between the centers of said tracks is more than ten feet, the rule requiring. one foot on each side shall prevail. The city council shall have the right to determine the necessity for repairs and whenever said company, its successors or assigns, shall refuse or neglect to make the same, within a reasonable time after being notified thereof in writing, the city council shall have the right to make SPECIAL ORDINANCES 289 such repairs at the expense of said Union Electric Company, its successors or assigns. Sec. 7. Saki Union Electric Company,its successors and assigns, shall be liable to any person injured by reason of its negligence in the construction, maintenance or operation of said street railway. And should any action be commenced or prosecuted against the City of Dubuque, upon any such claim for damages, said Union Electric Company, its successors_ and assigns, shall, upon being notified of such suit, defend the same; and should any judgment he rendered against the city thereon after such notice, the amount of such judgment against the city shall be -conclusive evidence to entitle the city to recover against said Union Electric Company, its successors and assigns. Sec. 8. The tracks. of said railway shall not he elevated above the surface of the street, and shall he so laid that car- riages and vehicles can easily and with the least obstruction pos- sible, cross the same. Such modern approved pattern of rail may be used as may be approved by the city council. During the winter, in the event of heavy snow, said Union Electric Company, its successors and assigns in removing the same from said tracks, shall not obstruct the remaining portion of said street but in such cases shall remove therefrom any excess sno w thrown or swept from its tracks. Any excess of snow so thrown from its tracks which is not removed within ten hours may be removed by the city at the expense of said Union Electric company, its successors or assigns. Sec. 9. That whenever any railway tracks, which may hereafter be laid, or where any of said company's tracks now laid, excepting on Main Street, or other street paved with brick, pass over a gutter or depression in the street, said street railway company shall, at its own cost, cover said gutter or depression from curb to curb, in such manner and with such material, as may he directed or approved by the city council and shall main- tain the same so as to admit of the free passage of water. Upon failure of said company to comply with the require- ments of this section, the city may cause said work to be done at the expense of the said Union Electric Company, it ssuces- sors or assigns. Sec. 1o. Nothing in this Ordinance, nor any privilege granted hereby, shall be construed to prevent the proper author- ities of the City of Dubuque from grading, paving, sewering, 19 290 macadamizing, improving, altering or repairing any of the streets over which the privilege of constructing or maintain= ing or operating a railway is granted by this ordinance or upon which any railway may be constructed under its provisions,, but all such work must be clone so as to offer as little obstruction as possible to the passage of cars, and the owner or owners of the railway shall have the privilege of raising or shifting the rails so as to avoid as much as possible the liability to ob- struction during the. progress of street *repairing-, improving, or altering, consistent with the convenience of said City, its employes or contractors; provided that when said C6mpany shall have once paved the space between the rails and one foot on each side thereof, as hereinbefore required, it shall not be required to change the same, so long as it is maintained in good Order, unless the City shall repave the remainder of the street with a pavement of the same or a different character, in which ease the Union Electric. Company, its successors or assigns, shall repave the space between its rails and one foot on each side thereof. Sec. Ir. Said Union Electric Company, its successors or assigns, shall, whenever practicable, have theright to use any telephone, telegraph, electric light or fire alarm poles or posts owned or controlled by the City, now _set or which may here- after be set along the line of the said Electric Street Railway for the support of the wires or other appliances necessary to the operation and maintenance of said electric street railway. And, whenever practicable, the City shall have the right to use any- poles or posts. now set or which. may hereafter be set by said Union Electric Company, its successors or assigns, for the extension, construction or maintenance of any telephone, telegraph, electric light or fire alarm system, or for any other city use, when such wire or wires are used solely for the berie-' fit and use of the said City of Dubuque; in either case there shall be no compensation for such use. Sec. 12. Nothing herein contained shall be so construed as to deprive. the City of Dubuque of the right to authorize any other railway or street railway company to cross the tracks laid down and maintained under authority of this ordinance, at the expense of the company so permitted and authorized by the City Council to make such crossings, and in the event that lines of Suburban electric railways, shall be operated under authority from the City Council, said -Union Electric Company, its succes- SPECIAL ORDINANCES SPECIAL ORDINANCES 291 sors and assigns, shall, upon payment of a compensatory rate and under regulation preventing interference with the .opera- tion of its cars, permit its tracks to be used by said suburban rail- ways for the purpose of entering or leaving the city. Sec. 13. The cars used on said street railway shall be of approved modern pattern and construction, suitable for the safety, convenience and comfort of the passengers, and they shall during the winter months, be properly heated and equipped with vestibules. All cars, except trailers, in use on said street railway, shall be properly equipped on the front end thereof with fenders of modern design, satisfactory to the City Council, and each motor car shall be provided with and display all necessary lights, and a bell or gong shall he rung when necessary to warn the public at street crossings and all other points exposed to the approach of cars. All cars shall come to a full•stop before crossing- any rail- way or street railway track or tracks, and shall at no time be run at a greater speed than is consistent with the safety of the public, and shall be propelled by electric power. Sec. 14. The cars of said railway shall begin running not later than 6 a. m. and shall cease not earlier than 11 :3o p. m., and shall run at not less than the following intervals: On Main stree, ten minutes; on Eighth street, fifteen minutes; on Rhorn- berg avenue, fifteen minutes; on Dodge street, twenty -minutes; on Windsor avenue, twenty minutes. Operation on .Sunday may begin one hour later. • Sec. 15.. The poles and posts to be erected under the pro- visions of this ordinance shall be under the control of the city engineer as to their location. The kind of poles to be used shall be such as are satisfactory to the city council. Sec. 16. The said Union Electric Company, its successors and assigns; shall pay their proper pro rata portion of the Salary of the city electrician, whose duty it shall be to properly inspect all wires and connections and report to the city council as the council shall require him to do, and to notify said com- pany of any defect in said wires or connections, and if said company shallnot promptly remedy such defects the city coun- eil may cause such repairs to be made at the expense of said Union Electric Company, its successors or assigns. 292 SPECIAL, ORDINANCES Sec. 17. The Union Electric Company, its successors and assigns, hereby agree to waive all technicalities to any special assessment levied by the city of Dubuque for street improve- ment, upon streets occupied by its tracks, where said improve- ment shall have been done in good faith and in compliance with the terms of this ordinance. Sec. i8. The rate of fare shall not exceed five cents for each adult passenger for a continuous trip in one general di- rection within the city limits. The fare for children under twelve years of age shall be three cents. Said Union Slectric Company, its successors and assigns, shall, during the entire period of this franchise constantly keep on hand at its principal office, half fare tickets for sale to laborers, mechanics, workwomen and working girls at the rate of two and one-half cents each, good during the following hours, to -wit : 6 :15 to 7 :45 a. in. and 5 :15 to 6 :45 p. nn. throughout the year, except'on Sundays. Said tickets shall be sold in quantities of not less than forty. Transfers shall be issued when necessary to carry out the above provisions on all tickets, including half fare tickets. • Sec. 19. Said Union Electric Company, its successors and assigns, shall transport free of charge on its cars as ordinary passengers, all policemen and firemen regularly employed as such by the city of Dubuque when in the uniform of their re- spective departments. Sec. 20. Said Union Electric Company, its successors and assigns, shall have the right to make such reasonable rules and regulations for the management of its railway, and the conduct of its business as it may deem requisite and said City of Du- buque hereby reserves the right to make and enforce the usual and ordinary police regulations. Sec. 21. The new lines of railway herein authorized to be constructed shall be completed within two years from the date of passage of this ordinance, on such streets as are now graded, and on those not graded, within two years from the time said streets are graded, so that a continuous line of rail- way may be operated thereon. If not so completed, and in operation, the city council may, at its option, declare a for- feiture of all rights hereby granted for the construction and maintenance of said new lines. SPECIAL, ORDINANCES 293 Said Union Electric Company, its successors and assigns, shall maintain and operate in accordance with the provisions of this franchise, all lines at present constructed and now in operation in the city of Dubuque, and shall operate same so as to provide adequate and reasonable service on all of said lines; and said Union Electric Company, its successors and assigns, shall not abandon any of said lines or parts of lines unless permitted so as do by the city council. If said company shall abandon any of said lines now con- structed and in operation without such permission, or shall fail to operate said lines in accordance with the terms of this or- dinance, the city council may, at its option, declare a forfeiture of all rights granted under this ordinance. Provided, how- ever, that failure to operate because of strikes, fires or other causes beyond the control of said company shall not work such a forfeiture. Sec. 22. No free passes or tickets shall be given to any person or persons except to employes or officers of said street railway company except that all regularly elected officials of the city shall be entitled to free transportation upon the written requisition of the mayor. Sec. 23. All ordinances heretofore adopted, under which the Dubuque Street Railway Company, David H. Ogden, Wil- liam L. Allen and Thos. O. Swiney, and the Union Electric Company, or their grantors, successors and assigns, acquired rights and franchises for the construction maintenance and operation of street railways in the streets, avenues and public places of the City of Dubuque are hereby repealed, provided this ordinance shall be accepted, in writing, by the said Union Electric Company, within thirty clays after its passage and ap- proval. And all ordinances and parts of ordinances in con- flict herewith, are to the extent of such conflict, hereby repealed. Sec. 24. The aforesaid Union Electric Company shall be deemed to have abandoned all rights and privileges conferred by this ordinance, unless it shall within thirty days after the passage and approval hereof by the mayor, file in the office of the City Recorder, a written acceptance of the privileges con- ferred hereby, subject to the conditions and terms herein con - tamed. 294 SPECIAT, ORDINANCES This ordinance shall be in effect from and after its publi- cation in the Telegraph -Herald, newspaper, published at Du- buque, Iowa.. Passed by the City Council, March 6th, 1902. Approved March 13, 1902. Published March 15, 1902. Accepted Match 13, 1902. AIV ORDINANCE granting the Union Electric Company the right to abandon the operation of its Street Railway upon the streets and parts of streets herein named, and setting forth the restrictions and conditions under which said right is granted. Whereas, by an ordinance passed March 6, 1902, and ap- proved and accepted March 13, 1902, a franchise was granted to the Union Electric Company of Dubuque, Iowa, for the maintenance and operation of a street railway along and upon certain streets and parts of streets therein designated; And whereas, under Section 21 of said ordinance, said Union Electric Company agrees not to abandon or cease the operation of any portion of said. Street Railway without the consent of the City Council of the City of Dubuque And, whereas, it is deemed best for the interests both of said Union Electric Company and, of the City of Dubuque that 'the operation of portions of said Street Railway be discon- tinued, and franchise rights thereon be relinquished and abandoned; Now Therefore, Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Union Electric Company of Dubuque, Iowa, is hereby granted permission to abandon the operation of its Street Railway now operated upon and along the fol- lowing streets and portions of streets, namely: Beginning at the intersection of Second and Loucust streets, northerly on Locust streets to Fifth street; thence easterly on Fifth street to Iowa street ; thence northerly on Iowa street to Sixteenth. street; thence easterly on Sixteenth street to jackson street; also from the intersection of Iowa and Fourteenth streets easterly on Fourteenth street to Jackson street; thence northerly on Jackson street to Sanford street. ••••+1,—,wpap. SPECIAL, ORDINANCES- 295 Sec. 2. Said Union Electric Company, by the acceptance of this ordinance agrees to relinquish, as to the above named Streets, and also as to that portion of Iowa Street lying between. Third and Fifth Streets, all rights granted said Company to operate a Street Railway line thereon by virtue of any franchise or franchises heretofore granted said Company or its predeces- sors by. the City of Dubuque, it being understood that the rights and"privileges granted said Union Electric Company by section r hereof are upon the express conditions following: Which are to be observed and applied to the City of Du- buque and the Union Electric Company, its successors or as- signs. Sec. 3. Said Union Electric Company shall, on or before November ist, 1903, remove from the streets and portions of streets enumerated in section I hereof, all the track now laid thereon, including all rails, ties; railway poles and wires, and before said November ist, 1903, shall repair said streets and portions of streets so that such portions -so repaired shall be uniform with the remainder of the street, such repairing to be done under the supervision of the City Engineer, and to the satisfaction of the Council, it being understood that all cast iron box culverts be left as now located. Sec. 4. Said Union Electric Company shall indemnify the City of Dubuque for any damages which may be recovered against it in a proper proceeding by reason of the discontinuance of Street Railway service on the Streets above named, and shall save the city harmless on account thereof, pro- vided that said Union Electric Company, shall have written notice of any such suit or action for damages against said City on account of such discontinuance of said Street Railway ser- vice, and shall he permitted to defend the same. And said -Union Electric Company shall indemnify the City of Dubuque for all damages recovered against it in the proper proceeding by reason of injuries occasioned by the negligence of said Com- pany in doing the work contemplated in Section i and 3 hereof. , Sec. 5. The Union Electric Company, upon the com- pletion of Its proposed new power house, and not later than January 1st, 1905, shall, at the option of the City -of Dubuque, cnter into.a contract with the City to sprinkle the streets, below the bluffs (and on Dodge Street line to McClain's store), cov- ered by its lines of railway, as frequently as may be determined 296 SPECIAL ORDINANCES by said contract and during the sprinkling season as, agreed upon therein, and for the term of five years or more as may be agreed upon in said contract. The price to be paid for said sprinkling to be the actual cost to said Union Electric Com- pany, and all legitimate outlays made by said Company in pre- paring to do said sprinkling, including purchase of car and equipment and all necessary side tracks, as well as the actual cost of operation, shall be taken into consideration in arriving at said cost. The amount to be paid by said City to said Union Electric Company for said sprinkling shall be determined and agreed upon by said City and Union Electric Company if possible. In the event of the failure of said City and said Union Electric Company to agree upon the actual cost of such sprinkling it is agreed that the same is to be submitted to arbitration. For this purpose the City shall select one arbitrator, the Union Electric Company shall select one arbitrator, and the two thus selected shall select a third, and the arbitrators thus chosen shall make a thorough investigation and determine the actual cost of the sprinkling required to be done under said contract, and the cost thus determined, shall be the basis of the sum to be paid to said Union Electric Company by said City, provided that said City reserves the right to enter into said contract or not, as it may elect, after said cost shall have been determined. If said City elects to enter into such contract, the Union Electric Company agrees to purchase a sprinkling car of the latest approved pattern, properly equipped, and have the same ready for operation at the beginning of the sprinkling season of 1905, or earlier, as may be determined by said contract, and further agrees to operate said car and keep the same in repair for the consideration to be mentioned in said contract. And the City of Dubuque agrees to furnish and place in position such stand -pipes as may be required for filling said sprinkling car, not exceeding five in number, to be located at points to be agreed upon by said Union Electric Company and City Engineer. The City of Dubuque shall furnish all water required for said sprinkling without cost to said Union Electric Company. And the said 'Union Electric Company further agrees to place such turn -outs in their tracks as may be neces- sary to make said stand -pipes available. Sec. 6. The Union Electric Company shall file with the City Recorder a written acceptance of this ordinance' within SPECIAL, ORDINANCES 297 twenty (20) days after its passage by the City Council, other wise it shall at once cease to have any further force or effect. If accepted by said • Company within the time herein specified this ordinance shall thereupon be published one time in the Dubuque Globe -Journal newspaper and take effect, and be in force from and after such publication. Adopted by the City Council April 9th, 1903. Approved April 9th, 1903. Published April 14, 1903. Accepted April 9, 1903. AN ORDINANCE granting certain additional rights to the Union Electric Company. Be it Ordained by the City Council of the City of Dubuque : Section 1. That in addition to the rights and privileges now, possessed by the Union Electric Company, for the use and operation of its lines of street railway in the City of Dubuque, there is hereby granted a single track railway, commencing at the_ intersection of Twenty-fourth and Washington Streets in the • City of Dubuque, and thence running westerly along Twenty-fourth Street to the intersection of said street with Couler Avenue in said City, said line to be so constructed as to be connected with the tracks of said railway company on Jackson Street and Couler Avenue, and as nearly in the center of Twenty-fourth Street as practicable. Sec. 2. Said track on Twenty-fourth Street shall be used and operated by said Union Electric Company in connection with their other lines, only for the purpose of transporting • people to and from the baseball park on Twenty-fourth and Washington Streets, during the base ball seasons. Whenever said baseball park shall be discontinued to be used for a base - hall park, the track, allowed to be constructed by this Ordin- ance, shall be taken up by the Street Railway Company and the Street put in good condition for travel, at its expense. No - cars shall be allowed to stand between Jackson Street and Couler Avenue to wait for passengers. 298 SPECIAL ORDINANCES Scc. 3. This Ordinance shall be in force and take effect from and after its publication in the Dubuque Daily Globe - Journal. Adopted June i6th, 1904. Approved June 21st, 1904. Published June 3o, 1904. AN ORDINANCE granting the Union Electric Company of Dubuque, its successors and assigns, the right to erect and maintain Poles, Wires and other Fixtures in the streets, alleys and public parks of the City of Dubuque, for Electric Light, Power and other Purposes, until March 6, r927, and abrogating all Franchises previously granted to said Union Electric Company, or any of its predecessors in Title or Interest, except the Street Railway Franchise granted to said Union Electric Company, on March 6, 1902, and excepting an Ordinance adopted June 16,.1904, to construct a Single Track along Twenty-fourth Street to the intersection of said street with Couler Avenue. • Whereas, The City of Dubuque at different times and by separate ordinances, has heretofore granted to Union Electric Company or its predecessors in title or interest, the. right to erect and maintain poles, wires and other fixtures in the streets, alleys and public parks of the City of Dubuque for electric light, power and other purposes, and also the right to con-. struct, operate and maintain lines of street railway upon and along certain streets in the City of Dubuque; and Whereas, Said rights were granted for various terms of years and to various parties, and Union Electric Company has become the owner of all said rights and franchises, and it is deemed expedient for the betterment of public service and for furthering the negotiability of the bonds of Union Electric Company heretofore issued and hereafter to be issued, that all such rights and franchises shall stand in the name of Union Electric Company and shall terminate at one and the same time ; and SPECIAL, ORDINANCES 299 Whereas, The lighting franchise of said Union Electric Company and its predecessors by the terms of an ordinance ,passed September 2, 1897, will expire on September 1o, 1922, and Whereas, The right to construct, operate and maintain lines of street railway heretofore granted to the Union Electric Company of Dubuque by Ordinance passed March 6, 1902, and thereafter approved, accepted and published will expire March 6, 1927; Now Therefore, Bc it Ordained by the City Council of the City of Dubuque : Section i. That the. Union Electric Company, its suc- cessors and assigns, is hereby authorized and empowered for the period of twenty-one years from March 6th, 1906, to maintain in the streets, alleys and public parks of the City of Dubuque, all its poles, racks, wires and all other fixtures and appliances heretofore constructed for the proper conduct of the business of supplying electric current for light, power and other pur- poses, and to erect and maintain such additional poles, wires racks and other appliances as.may become necessary at any time ,during the continuance of this franchise. Sec. 2. That said Company shall crect and maintain its poles, wires and other fixtures pertaining to such plant in said City, along and through the alleys therein, whenever the same can be done, and no poles shall be placed in any of the streets of said City, unless the same shall be deemed of absolute necessity to the proposed system,, in the opinion of the City Council of the City. All poles erected under this ordinance shall be placed at such points on the streets or alleys as shall be designated by the City Engineer and Committee on Streets and shall he erected, and said wires strung thereon, under the super- vision and subject to the inspection and control of the City En- gineer and Committee•on Streets. Said poles, wires and appli- ances and structures shall be built upon the approved method 'so as to interfere as little as practicable with all other public uses of said streets, and both material and workmanship shall be the best of their class and kind. Sec. 3. That said Company shall not unnecessarily ob- struct any street or alley.in said City, in erecting, maintaining or repairing its poles, wires and other fixtures, or allow any street or alley or other place to become obstructed or to remain 300 SPECIAL ORDINANCES in a dangerous condition, and shall, within a reasonable time, repair all damages done any street, alley, or sidewalk, gutter or other public place, and all excavations or other interference with the streets or alleys, and the general work of constructing and maintaining said electric plant, and the placing of the poles therefor, shall, be under the direction and by the con- sent of the City Council of the said City, and other officers as provided in Section 2 hereof. In case of the failure of the said Company to remove any obstructions on the streets, alleys or places, of the City of Dubuque, which may be placed or allowed by them to remain thereon; or should any street, alley or other public place become out of repair, by reason of the defective re- pairs made by said Company, the City may cause necessary and proper repairs to be made, and for the expense thereof said Company shall be liable to the City of Dubuque. Sec. 4. Said Company shall be liable to any person suffer- ing any injury or damage occasioned by the erection, con- struction or maintenance of said plant, as herein set forth, and for any damage of whatever kind occasioned by its negligence in erecting, maintaining or operating the business of said Com- pany. Should any action or proceeding be commenced or pro- secuted against the City of Dubuque, upon any claim whatever for damage, loss or injury to any person or property, arising out of the erection, maintenance or operation of said plant, the agents or managing officers of said Company shall, upon being notified of such suit or proceeding, defend the same, and should any judgment be rendered against the City thereon, the amount of such judgment (with costs shall be recovered against said Company in a proper proceeding, and the record of the judg- ment) against the city shall be conclusive evidence to entitle the City to recover against said Company. Sec. 5. It is further expressly understood and provided that said Union Electric Company shall be subject to and bound by all the provisions and regulations of an Ordinance entitled "An Ordinance concerning outside construction for electric light and power or other electric purposes" and also by the re- quirements of an Ordinance entitled "An Ordinance providing for compensation of the City Electrician and designating who shall pay for the same," the said Ordinances' therein referred to being Chapters One Hundred and One Hundred and One of the Revised Ordinances of 1893, and being now included in Chapter XXX of the Revised Ordinances of 1901. SPECIAL, ORDINANCES 301 'Sec. 6. The City of Dubuque reserves the right to make all reasonable and proper police regulations concerning the operation and construction of said plant. Sec. 7. Said Company shall extend the wires along any street, alley or avenue in the City whenever the City Council shall order the same, and furnish to the city and its inhabitants along said street, alley or avenue whenever the City Council shall order the same, such quantity of light and power as may be required by said inhabitants. Sec. 8. Said Company shall pay its pro rata portion of the salary of the City Electrician, based upon the number of miles of wire operated by said Company, as compared to that operated by other companies in said City. The duty of said Electrician shall be the proper inspection, at least once a week of all insu- lated wires and electric wires in connection and report monthly to the City. It shall also be his duty to report all wires or con- nections or other cause that may be dangerous, immediately to the Company operating said wires and connections, and if such defects be not at once repaired by them, it shall be his duty to repair such defects, or cause them to be repaired at the expense of such Company or assigns. Sec. 9. All rights and franchises heretofore granted by the City of Dubuque to Union Electric Company or to any of its predessors in title and interest, shall be deemed abrogated, annulled and canceled by mutual consent; excepting, however, and hereby confirming, the rights specifically granted by said Ordinance adopted March 6, 1902, to said Union Electric Com- pany to construct, maintain and operate lines of street railway in the City of Dubuque, and excepting an ordinance adopted June 16, 1904, to construct a single track along 24th Street to the intersection of said street with Cooler Avenue. Sec. 1o. The Union Electric Company shall file with the City Recorder a written acceptance of this Ordinance within twenty days after its passage by the City Council, otherwise it shall at once cease to have any further force or effect. If ac- cepted by said Company within the time herein specified, this Ordinance shall thereupon be published one time in the Dubuque Telegraph -Herald newspaper and take effect, and be in force from and after such publication. Adopted Nov. 1st, 1906. Approved Nov. 3rd, 1906. Published Nov. 3rd, 1906. 302 SPECIAL ORDINANCES AN ORDINANCE granting the Union Electric Company per- mission to construct a Stub Switch at the end of its Eagle Point Line on Rhomberg, Avenue, in the City of Dubuque, and regulating the construction and maintenance of such Stub Switch. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted the Union Electric Company to construct a stub switch at the end of its Eagle Point Line on Rhomberg Avenue, in the City of Dubuque, for the purpose of facilitating the transpor- tation of passengers on its said line. • Sec. 2. That the laying down of said switch shall be done under the supervision of the City Engineer and the Committee on Streets of said City. • Sec. 3.. That in the laying down and operation of said switch the same shall be so constructed and maintained as to create the least possible obstruction to ordinary travel on, and to -the use of, the street occupied, and said track used for such switch shall at all times be used in accordance with all lawful police regulations now or hereafter enacted by said City. Sec. 4. That said switch shall be laid to the established grade of the street occupied, and should the grade be changed at. any time, said track shall be changed to conform thereto, at the expense of said Company and without claim of damages against said City. Sec. 5. That said Company shall at all times keep the space between the tracks of said switch and between the branches of said switch, and for a foot on either side of said switch, proper- ly paved, macadamized, or otherwise improved, as the City Council may direct, and said tracks shall be so constructed and maintained as not to dam up or obstruct the flow and drainage of water. • Sec. 6. The City of Dubuque hereby reserves the right to revoke the privilege hereby granted at any time after fifteen (15) years from the time this ordinance takes effect, and a failure to comply with the provisions and restrictions hereof, or any part of• this ordinance, on the part of said Company; its successors, or assigns, shall be ground for immediate for SPECIAL ORDINANCES 303 feiture of the privileges herein granted, and said tracks and switch shall be then removed immediately and taken up on the order of said City. • Sec. 7. That this ordinance shall take effect and be in force from and after its passage by the City Council and its publication one time in• the Dubuque Telegraph -Herald and the Dubuque Times -Journal, official newspapers of said City, and written acceptance hereof on the part of said Company, duly indorsed hereon. Adopted July 29, 191o. Approved August 6, 191o. Published Auggust 8; 191o. Accepted August 6, 191o. AN ORDINANCE granting the Union Electric Company per- mission to Construct a Loop around Phoenix Park, in the City of Dubuque, said Loop beginning at the Interjunction of plain and West Main Streets,, extending thence along West Main Southerly to Jones Street, Easterly over Jones Street, onto Main Street, and Northerly on Main Street - to Place of beginning, and regulating the Construction and Maintenance of said Loop. Be it Ordained by the City Council of the City of Dubuque : Section 1. That for the purpose of facilitating the rapid transportation of passengers over its lines, permission be and the same is hereby granted the Union Electric Company to construct a loop on its line of street railway, beginning at the interjunction of Main Street with West Main Street, extend- ing along West Main Street southerly to Jones Street, thence easterly on Jones Street to Main Street, and thence northerly on Main Street to point of beginning. Sec. 2. That the laying clown of said loop track shall be done under the supervision of the City Engineer and the Com- mittee on Streets of said City. Sec. 3. That in the laying down and operation of said tracks, the same shall be so constructed and maintained as to create the least possible obstruction to ordinary travel on, and 304 SPECIAL ORDINANCES to the use of the streets occupied, and said tracks shall at all times be used in accordance with all lawful police regulations now or hereafter enacted by said City. Sec. 4. That said Company shall at all times keep the space between said tracks and for a foot on either side of same property paved or otherwise improved, as the City Council may direct, and said tracks shall be so constructed and maintained as not to dam up or obstruct the flow and drainage of water. Sec. 5. That said tracks shall be laid to the established grade of the streets occupied, and should the grade be changed at any time, said tracks shall be changed to conform thereto, at the expense of said Union Electric Company and without claim for damages against said City. Sec. 6. If at any time during the life of this grant it should be shown that Phoenix Park:is in any way damaged because of the existence of said loop around said Park, or the operation of said Union Electric Company's line around said Park, or the use made by the traveling public of said loop, then the said Union Electric Company shall, as a condition hereof, protect and save harmless the said Park from any damage which may be done said Park, because of the presence of said loop, in such manner as may be reasonably directed by the proper authority having control over said Park. Sec. 7. The. City of Dubuque hereby reserves the right to revoke the privilege hereby granted at any time after i5 years from the time this ordinance takes effect, and a failure to comply with the provisions and restrictions hereof, or any part of this ordinance, on the part of said company, its suc- cessors or assigns, shall be ground for immediate forfeiture of the privileges herein granted, and said tracks shall be then removed and taken up on the order of said City. Sec. 8. That this ordinance shall take effect and be in force from and after. its passage and its publication one time •in the Dubuque Telegraph -Herald and the Dtbuque Times - Journal, official newspapers, and written acceptance thereof duly indorsed hereon, signed by said Company. Adopted July 29, 191o. Approved August 6, 191o. Published August 8, 191o. Accepted August 6, 191o. SPECIAL ORDINANCES 305 AN ORDINANCE granting to the Union Electric Company, a Corporation of Dubuque, Iowa, its successors and as- signs, the right to erect, maintain and operate for a term of twenty-five years a certain line of Street Railway to connect with its present lines and to extend into Eagle Point Park, Dubuque, Iowa, and approving the action of the Park Board of the City of Dubuque in granting said Company the right to construct, maintain and operate. such line within the grounds of Eagle Point Park. Whereas, The Park Board of the City of Dubuque, Iowa, has adopted a resolution as follows : Whereas, This Board has requested the Union Electric Company to extend its street railway line into Eagle Point Park, believing that such extension will greatly increase the pleasure and benefit to be derived from said park by the citizens of Dubuque, and, Whereas, It is proposed to ask the City Council of the City of Dubuque, Iowa, to adopt an ordinance granting to said Union Electric Company, its successors and assigns, a fran- chise for the term of twenty-five years from the adoption of such ordinance by said Council and its acceptance by said Company, authorizing and empowering said Company to con- struct, maintain and operate a street railway line along and upon Seventh Avenue in the City of Dubuque, from the inter- section of said avenue with Rhomberg Avenue to a point ap- proximately one thousand feet therefrom, and thence from such a point on said Seventh Avenue into and upon the grounds of said Eagle Point Park; Therefore, Resolved, By the Park Board of the City of Dubuque, Iowa, that there is hereby granted to the Union Electric Company, a corporation organized under the laws of Iowa, its successors and assigns, for the term of twenty-five years from the date of the acceptance by said Company of an ordinance of the City of Dubuque, Iowa, as above contemplated, the right and authority to construct, operate and maintain a single or double track for street railway purposes with the necessary switches and turnouts from a point in Seventh Ave- nue in the City of Dubuque, approximately one thousand feet northerly from the intersection of said avenue with Rhomberg Avenue, through, along and upon the grounds known as Eagle 20 306 SPECIAL ORDINANCES Point Park, in a general northerly direction approximately one . thousand four hundred feet, thence in a general easterly direc- tion approximately one thousand two hundred feet, terminating at that point in said Eagle Point Park, subject to the provisions, restrictions and conditions that may be fixed by said proposed ordinance of the City of Dubuque; Now, Thereore, Be it Ordained by the City Council of the City of Dubuque : Section 1. That the action of the Park Board of the City of Dubuque, as embodied in the foregoing resolution, is hereby approved. Sec. 2. That there is hereby granted to the Union Electric Company, a corporation organized under the laws of Iowa, its successors and assigns, for the term of twenty-five years from the adoption hereof and its acceptance by said Company, the right and authority to lay a single or double track for 'street railway purposes, with the necessary switches and turn -outs, hereafter to he determined and agreed upon along and upon Seventh Avenue in the City of Dubuque, from its intersection • with Rhomberg Avenue to a pointapproximately one thousand (i,000) feet in a northerly direction, thence along and upon the ground known as Eagle Point Park in the same general. northerly direction approximately one thousand four hundred (1,400) feet, thence in an easterly direction approximately one thousand two hundred (1,200) feet, and terminating at that point in Eagle Point Park, also the right to operate cars there- on, subject to, and in accordance with the following restrictions and conditions: Sec. 3. For the purpose of constructing, maintaining and operating said street railway line, said Union Electric Com- pany, its successors and assigns, shall have thc right and. au- thority to go upon said street and park grounds and make such excavations therein as may be necessary for the construction,. completion, operation and maintenance of said street railway line, and shall have the further right and authorityto make track and overhead wire connections at intersections and with car barn and power house, and to construct all necessary side tracks, turn -outs, and switches, and shall also have the right to erect, construct and maintain such overhead wires and -poles as may be necessary to conduct electrical power over said wires from its power station to and along said line of street railway. SPECIAL ORDINANCES 307 Sec. 4. Said Union Electric Company shall, after making such excavations in said street as may be necessary for the proper construction of said track, and within a reasonable time, restore and leave it in as good condition as it was when such work was begun, and shall 'remove any refuse, debris, or Other encumbrance resulting from said work, Said Company shall also repair all damages which may be done to aid street by the maintenance of said track during the life .of the fran- chise hereby granted. Sec. 5. The portion of said street railway line to be laid on Seventh Avenue shall be constructed on the present es- tablished grade thereof, and the portion to be laid in Eagle Point Park shall be constructed on such grade as shall be deemed best for the operation of street railway cars thereon. The gauge of said track shall be what is known as the standard gauge, to -wit, four feet; eight and one-half inches. Sec. 6. Said Union Electric Company, its successors and assigns, shall be liable to any person injured by reason of its • negligence in the construction, maintenance or operation of said street railway. And should any action be commenced or prosecuted against the City of Dubuque, upon any such claim for damages, said Union Electric Company, its successors and assigns, shall, upon being notified of such suit, defend the sarne; and should any judgments be rendered against the City ' in actions brought against it by reason of the negligence of said Company, its officers, employes or agents, said Company shall pay and fully discharge same. Sec. 7. Nothing in this ordinance, nor any privileges granted thereby, shall he construed to prevent the proper au- thorities' of the City of Dubuque from hereafter making im- provements which may be necessary upon said Seventh Avenue, but such work must be done so as to offer as little obstruction as possible to the operation of the cars of said Company. Sec. 8. Said Union Electric Company, its successors and assigns, shall whenever practicable have the right to use any telephone, telegraph or fire alarm poles or posts owned or con- trolled by the City, now set or which may hereafter he set along the line of the track for which franchise is hereby granted. And, whenever practicable, the City shall have,the right to use any poles or posts which may be set by said Company along 308 SPECIAL ORDINANCES said line, when such posts and the wires put thereon are used solely for the benefit and use of the said City of Dubuque; in either case there shall be no compensation for such use. Sec. 9. The cars of said street railway shall begin run- ning not later each year than June i st, and shall cease running not earlier than September 15th, and during each day of this period the cars shall begin running not later than 1 p. m., and shall cease not earlier than 9 :00 p. m., and shall be run at in- tervals of not more than fifteen minutes. Provided, however, that if the said Park Board of the City of Dubuque shall agree with said Union Electric Company upon a different schedule than the foregoing, compliance by said Company with such agreement shall be deemed to be a compliance with this section of this ordinance. If said Company shall abandon the line herein provided for without consent of the City Council, or shall fail to operate it in accordance with the terms of this or- dinance, the City Council may, at its option, declare a forfeit- ure of all rights granted under this ordinance. Provided, how- ever, the failure to operate because of strikes, fires or other causes beyond the control of said company, shall not work such a forfeiture. Sec. 10. The rate of fare, except on chartered cars, shall not exceed five cents for each adult passenger for a continuous trip in one direction over this and connecting lines within the city limits. The fare for children under twelve years of age shall be three cents. Transfers shall be issued when necessary to carry out the above provision. Sec. 11. Said Union Electric Company, its successors and assigns, shall transport free of charge on its cars on said line as ordinary passengers, all policemen and firemen regularly employed as such by the City of Dubuque, when in the uniform of their respective departments. Sec. 12. This ordinance shall take effect and shall be in force from and after its passage and publication in the Tele- graph -Herald and Times -Journal, the official papers of ;the City of Dubuque, and upon the filing with the City Recorder by the Union Electric Company of its written acceptance of this ordinance. Adopted May 27, 1912. Approved May 29, 1912. Published May 31, 1912. Accepted May 29, 1912. • SPECIAL ORDINANCES 309 AN ORDINANCE granting the Union Electric Company, a Corporation of Dubuque, Iowa, its successors and assigns, the right to erect, maintain and operate a certain line of Street Railway to connect zenith its present lines, such line to be constructed, maintained and operated upon the streets of the City of Dubuque, Iowa, hereinafter set out and providing for submission of same .to. the Vote of the Electors of said City. Be it Ordained by the City Council of the City of Dubuque : Sction 1. That there is hereby granted to the Union Electric Company, a corporation organized under the laws of the State of Iowa, its successors and assigns, for the term of twenty-five years from the adoption hereof and its acceptance by said company, the right and authority to lay a single or double track for street railway purposes, with the necessary switches and turn -outs, hereinafter to be determined and agreed upon, along and upon the following streets, to -wit : Commenc- ing at the intersection of Thirteenth and Main streets, thence west along the center line of Thirteenth street to Locust Street thence north along the center line of Locust street to Sixteenth Street, thence north and westerly along the center line of West Locust Street to Arch Street, thence westerly along the center line of Arch Street to St. Ambrose Street, thence south along the center line of St. Ambrose Street to Asbury Street, thence southeasterly along the center line of Asbury Street to a con- nection with the end of the present track now on Delhi Street, with the right to operate cars thereon, subject to and in accord- ance with the following restrictions and conditions. Sec. 2. For the purpose of constructing and maintaining and operating said street railway line, said Union Electric Com- pany, its successors and assigns, shall have the right and author- ity to go upon said streets and parts of streets and make such excavations therein as may be necessary for the construction, completion, operation and maintenance of said railway line, and shall have the further right and authority to make track and . overhead wire connections at intersections and with car barns and power house, and to construct all necessary side- tracks, turn -outs and switches, and shall also have the right to erect, construct and maintain such overhead wires and poles as may be necessary to conduct electrical power over said wires from the power station to and along said line of railway. 31O SPECIAL ORDINANCES Sec. 3. Said Union Electric Company shall, after making such excavations in said streets as may be necessary for . the proper construction of said track and within a reasonable time, restore and leave them in as good condition as they were when such work was begun, and shall remove any refuse, debris, or other encumbrance resulting from said work. Said company shall also repair all damages which may be done to said streets by the construction or maintenance of said track during the life of the franchise hereby granted. Before commencing any construction or repairs under au- thority of Section 2, or this section, which may in any way affect the streets, alleys or public places of the city, said Union Electric Company, its successors and assigns shall in writing apply to the Mayor of the city, stating the nature of the work, the time and place where the same is proposed. to be done, and thereupon the Mayor shall permit or refuse to permit the work to be done by issuing a written statement of his decision to the said Union Electric Company, its successors or assigns. Sec. 4. The said street railway line shall be constructed upon the established grade of the streets which are now im- proved, and upon the grades which shall be established when the streets at present unimproved shall be improved by the City of Dubuque, such improvement to be complete before said track shall be constructed thereon. The tracks, poles and other structures shall be raised or lowered from time to time without expense to the city to correspond with changes that may be made in the grade of said streets. The gauge of said railway track shall be that known as the standard guage, to -wit : four feet, eight and one-half inches, and the center line of the space between the tracks or rails of said line shall coincide as nearly as practicable with the center line of said streets and parts of streets whereon said track or tracks are located. • Sec. 5. .Said Union Electric Company its successors or assigns, shall repair all damages that may be done to said streets by the construction or maintenance of said railway, shall also keep the space between said railway tracks and one foot on each side thereof, in good repair at all times, provided that in the case of double track, when the distance between the centers of said track is more than ten feet, the rule requiring a foot on each side shall prevail. The City Council shall have the right to determine the necessity for repairs, and whenever said com- 0-4 SPECIAL, ORDINANCES 311 pany, its successors or assigns, shall refuse or neglect to make the same within a reasonable time after being notified thereof in writing, the City Council shall have the right to make such repairs at the expense of said Union Electric Company, its suc- cessors or assigns. Sec, 6. Said Union Electric Company, its successors or assigns, shall, whenever practicable, have the right to use any telephone, telegraph or fire alarm poles or posts owned or con- trolled by the city, now set or which may hereafter be set along the line of the track for which franchise is hereby granted. And, whenever practicable, the city shall have the right to use any poles or posts which may be set by said company along said line, when the posts and wires put thereon are used solely for the benefit and use of the said City of Dubuque; in either case there shall be no compensation for such use. Sec. 7. Said Union Electric Company, its successors or assigns, shall be liable to any person injured by reason of its negligence in. the construction, maintenance or operation of said street railway, and should any action be commenced or prosecuted against the City of Dubuque, upon any claim for damages based upon any act or negligence of said company, said Union Electric Company, its successors or assigns, shall upon being notified of such suit, defend the same; and should any judgment be rendered against the city in any such action, said company shall fully pay and fully discharge the same. Sec. 8. The tracks of said railway shall not be elevated above the surface of the street, and shall be so laid that car- riages and vehicles can easily, and with the least obstruction possible, cross the same. During the winter, in the event of heavy snow, said Union Electric Company, its successors, or assigns, shall not obstruct said streets by the removal of snow from its tracks, but shall remove any excess of snow which may be necessary to render said street passable for vehicles. Any excess of snow thrown from said street railway tracks, and which is not removed within ten hours thereafter, may be re- moved by the city at the expense of said Union Electric Com- pany, its successors or assigns. Sec. 9. The cars of said railway shall begin running not later than six A. M., and shall cease not earlier than eleven thirty P. M., and shall run, in each direction, at intervals of 312 SPECIAL, ORDINANCES not more than twenty minutes. Operations on Sunday may be- gin one hour later. Sec. 1o. The provisions of an ordinance passed by the City Council of Dubuque, March 6, 1902, approved March 13, 1902, and accepted on said March 13, 1902, are hereby applic- able to and a part of this ordinance so far as the same are contained in the following sections of said ordinance, to-wit. Section 4, relating to paving and macadamizing; Section 12, relating to other electric lines crossing or using tracks; Section 13, relating to cars, trailers, lights and crossings; Section 15, re- lating to poles and posts; Section 17, relating to special assess- ments; Section 18, relating to fares and transfers; and Section 19, relating to transportation of policemen and firemen. Sec. 11. The new lines of railway herein authorized to be constructed, shall be completed and in operation within one year from the date of the passage of this ordinance on such streets as are now graded and improved, and on those not at present graded and improved, within one year from the time said streets are graded and improved. If not so completed and in operation, the City Council may, at its option, declare a forfeiture of all rights and privileges granted said Union Electric Company under this ordinance. Said Union Electric Company, its successors or assigns, shall maintain and operate, in accordance with the provisions of this franchise, such lines as are provided for herein, and shall . operate same, with adequate equipment and provide adequate and reasonable service on said lines; and said Union Electric Company, its successors or assigns, shall not abandon any part of said lines unless permitted so to do by the City Council. If said company shall abandon any part of the lines herein provided for, or shall fail to operate said lines in accordance with this ordinance, the City Council may, at its option, de- clare a forfeiture , of all rights and privileges granted said Union Electric Company under this ordinance. Provided, however, that failure to operate because of strikes, fires, or other causes beyond the control of said company, shall not work such a forfeiture. Sec. 12. This ordinance shall take effect and be in force on and after its passage and approval and acceptance in writing by the grantee, or its assigns, and its publication in the Tele- graph-Herald and Times-Journal, the official papers of the SPECIAL, ORDINANCES 313 City of Dubuque, provided that it receive a favorable vote of a majority of the legal electors of the City of Dubuque, Iowa, voting on the question at the election to be held for that pur- pose, and the expense of such special election shall be paid by the grantee or its assigns. The question whether this franchise shall be granted and the foregoing ordinance take effect shall be submitted to the legal electors of the City of Dubuque, Iowa, to be voted upon at a special election to be 'held on the 22nd day of April, A. D., 1913. At such election on this question the form`of ballot shall be as follows, viz : Shall the following public measure be adopted? YES No I Shall the Union Electric Company, its successors and as- signs be granted the right to erect, maintain and opetrate on the following named streets in the City of Dubuque, viz : com- mencing at the intersection of Thirteenth and Main Streets, thence west along the center line of Thirteenth Street to Locust Street, thence north along the center line of Locust Street to Sixteenth Street, thence north and westerly along the center line of West Locust Street to Arch Street. Thence westerly along the center line of Arch Street to St. Ambrose Street, thence south along the center line of St. Ambrose Street to Asbury Street, thence southeasterly along the center line of Asbury Street to a connection with the end of the present track now on Delhi Street, a certain line of street railway for the term of twenty-five years as provided and on the terms and conditions stated in the or- dinance, a copy of which is printed hereon. Adopted March 6, 1913. Approved March i8, 1913. Published April 25, 1913. 314 SPECIAL, ORDINANCES TITLE XXI. TELEGRAPH COMPANIES. AN ORDINANCE providing for the erection and mainten- ance of Telegraph Poles and the Stringing of Wires there- on, by the North American Telegraph Company, in the City of Dubuque. Be it Ordained by the City Council of *the City of Dubuque : Section 1. That the North American Telegraph Co., its successors and assigns, is hereby granted the right and privilege to erect and maintain telegraph poles, and to string wires there- on, along the following named alleys and streets in the City of Dubuque, subject to the control and direction of the Street Committee of said city; viz : Along Third Street, westerly to the alley between Locust and Bluff Streets; thence northerly to Eighth Street; thence west to Bluff Street. Also, by such routes as the Street Committee may hereafter designate, to West Dubuque, Rockdale, Eagle Point and to Glab's Brewery. Sec. 2. That this Ordinance shall be in force from and after notice in writing of its acceptance by said North American Telegraph Company, and the publication of this Ordinance in the Dubuque Daily Telegraph. Adopted September 9, 1886. Chapter LX. Revised Ordinances, 1901. AN ORDINANCE granting the right to the American District Telegraph Company of Iozera, to establish a Fire and Burglary System in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the American District Telegraph Com- pany of Iowa, its successors and assigns be and are hereby granted the right to maintain the poles and wires necessary "for SPECIAL ORDINANCES 315 the operation and maintenance of a district telegraph and other electrical service connected therewith upon the streets, alleys and public ways of the streets of the City of Dubuque. Sec. 2. The location of all lines shall be under the direction and control of the Street Committee and City Electrician of the City of Dubuque and subject to the usual police restrictions, and with the further understanding that the wires shall be placed in such manner as not to interfere with the proper and public use of the streets and alleys and public ways of said city; and said American District Telegraph Company of Iowa, its suc- cessors and assigns shall hold the said City of Dubuque harm- less from all damages arising by reason of said lines. Sec. 3. The said City of Dubuque retains the right to cut all wires in case of fire where such wires interfere with the operation of the fire department, or in case it is deemed neces- sary by said city; and said City of Dubuque shall in such case in no manner be liable for the expense of repairs and renewals of said wires, and such repairs and renewals shall be made entirely at the expense of said American District Telegraph Company of Iowa, its successors and assigns. Sec. 4. Said City of Dubuque shall have the free use of all signal boxes placed by said American District Telegraph Com- pany of Iowa, its successors and assigns, where the same are provided with fire or police calls and the said American District Telegraph Company of Iowa, its successors and assigns here agree, (and are hereby given permission) to erect, at its, own expense, private telephone lines from its principal office in the City of Dubuque to the nearest fire alarm' and police station of the said City of Dubuque; and the said American District Telegraph Company of Iowa agrees without expense to said City of Dubuque to promptly transmit to said fire and police stations all fire and police signals received over its wires. Sec. 5. This Ordinance shall take effect on and after its publication in the Dubuque Daily Telegraph newspaper and the filing by said American District Telegraph Company of Iowa of its unconditional acceptance thereof, in the office of the City Recorder of the said City of Dubuque and shall extend for a term of twenty years. Passed March 14, 1901. Approved March 15, 1901. Published March 21, 1901. Chapter LXX. Revised Ordinances, 1901. 316 SPECIAL ORDINANCES TITLE XXII. ELEVATOR COMPANIES. AN ORDINANCE granting to the Eleventh Street Elevator Company the right to construct and maintain a Street Railway along Eleventh Street, in the City of Dubuque, from the west side of Bluff Street to Highland Place, and to regulate the operation of the same. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the Eleventh Street Elevator Company, its successors and assigns, be and is hereby granted the right to construct and maintain, for the conveyance of passengers, a street railway along Eleventh Street, in said City, from the west side of Bluff Street to a point at or near Highland Place. Sec. 2. That the rights and privileges contained in Sec- tion one are granted on the following express conditions, to - wit : First—That the said Eleventh Street Elevator Company shall have said railway fully completed and in operation within fifteen months from the date of the taking effect of this Ordi- nance. . Second—That said railway shall be constructed in sub- stantial accordance with the plans submitted to the Council, and in such a manner as shall cause the least possible annoy • - ance or inconvenience to the residents on the line of the street • and vicinity; that the track shall occupy the center of Eleventh Street, unless otherwise directed by the City Council, and shall be so constructed as to cause no obstruction to the use of said street, or the streets and alleys intersecting the same, for ordin- SPECIAL ORDINANCES 3�7 ary travel. That said tracks shall be carried over the inter- sections of Grove Street and Weigel alley, and of the alley next west of Bluff Street at such elevation as shall permit all teams and vehicles of every kind with their loads to pass under said tracks at all times without obstruction. That the waiting rooms, platforms and cars shall be constructed in a neat and artistic style, and the superstructure built in a neat and sub- stantial manner. Sec. 3. That said railway shall be operated by means of a stationary - engine and wire cable; that hard coal, coke, or such other kind of fuel shall be used in connection with the en- gine, as shall produce the least possible quantity of smoke; and that the waiting rooms, platforms and cars shall at all times be kept in a neat and orderly condition Sec. 4. That said Elevator Company shall have the right to maintain at the upper and lower termination of its tracks, and also at their intersection with Grove Street, the platforms or waiting rooms necessary for the accomodation of the public, but said platforms or waiting rooms shall be so constructed as not to obstruct the free use of the street for ordinary travel. That said company shall also have the right to locate the stationary engine furnishing the motive power for the operation of said railway, and the structure necessary to protect the same, at or near the base of the retaining wall at the inter- section of Eleventh Street and Highland Place. Sec. 3. That the City Council shall have the right to make and enforce any reasonable police regulations it may deem necessary for the safe operation of said railway, and the pro- tection of the public. Sec. 6. The rights and privileges granted by this Ordi- nance to the Eleventh Street Elevator Company are upon the further condition that said company shall make full compensa- tion to the owners of property abutting -on the line of said rail- way, for any damages which may be made to appear to result from the construction of said railway. Passed July 8, 1887. Chapter L,XI. Revised Ordinances 1901. SPECIAL ORDINANCES AN ORDINANCE granting to the Eleventh Street Elevator ' Company the right to maintain and operate the Eleventh Street Elevator by Electricity, by amending the Ordinance heretofore existing in favor of said Company, being an Ordinance entitled "An Ordinance • granting to the Eleventh Street Elevator Co. the Right to Construct and Maintain a Street Railway Along Eleventh Street in the City of Dubuque from the West Side of Bluff Street to Highland Place, and to Regulate the Operation of the Same." Be it Ordained by the City Council of the City of Dubuque : Section 1. That the Ordinance entitled "An Ordinance granting to the Eleventh Street Elevator Co. the right to con- struct and maintain a street railway along Eleventh Street, in the City of Dubuque, Iowa, from the west side of Bluff Street to Highland Place, and to regulate the operation of the same," is hereby amended by striking out Section 3 of said ordinance and inserting in lieu thereof the .following : "Sec. 3. The said street railway shall be operated by means of electricity or any other new or modern improvement' or invention which may be made, aproved by the City Council; and that the wait- ing rooms, platforms and cars shall, at all times, be kept in a. neat and orderly condition." Sec. 2. This ordinance shall take effect and be in force from and after its publication one time in.the Dubuque Daily Telegraph newspaper. Adopted January 18, 1900. Approved January 19,1900. Published February 1, 1900. Chapter L,XXIV. Revised Ordinances, 1901. AN ORDINANCE relating to Fenelon Place Elevator Com- pany. Be it Ordained by the City Council of the City of Dubuque : Section i. That the Fenelon Place Elevator Company is hereby authorized to erect on Fourth Street, at the intersection SPECIAL ORDINANCES 319 of Fenelon Street at the place where the power house of the Fourth Street Elevator Company stood, which was recently destroyed by fire, a power house for the purpose of operating an elevator. The right is hereby granted to said Fenelon Place Elevator Company to operate a public, elevator, and to make charges therefor without further license from the city, subject to the control of the City Council as to the conducting, man- agement and safety thereof. Adopted and approved July 7, 1893. Chapter LXIII. Revised Ordinances, 1901. 320 SPECIAL ORDINANCES TITLE XXIII. PACKING COMPANIES. AN ORDINANCE granting to the Dubuque Packing and Pro- vision Company the right to build and maintain a Slaugh- ter and Packing House, and imposing certain obligations in relation thereto. Be it Ordained by the City Council of the City of Dubuque : Section i. Whereas, the Dubuque Packing and Provision Company, a corporation under the laws of Iowa, proposes to build and maintain on lots 418, 419, 420, 421 and 422, East Du- buque, in the City of Dubuque, a large and improved slaughter and packing house, and .necessary yards, stables, etc., with facilities for the slaughtering of animals for consumption in said City, and for the slaughtering, curing and packing of meats, and Whereas, The said company has submitted to the City Council plans and specifications showing the general plan, con- struction and material of the buildings proposed to be built as aforesaid, which plans and specifications have been examined and approved by the City Council, and Whereas, It is for the interest of the City that such a build- ing should be constructed and maintained wherein such slaugh- tering, curing and packing may be done; Provided, the same can be operated without becoming a nuisance or deleterious to the public health and comfort; therefore, The City Council of the City of Dubuque hereby gives and grants to the said Dubuque Packing and Provision Company and its successors, the right to build and maintain on the lots aforesaid, the slaughter and packing house, buildings, yards and stables aforesaid. SPECIAL ORDINANCES 321 Sec. 2. The rights and powers hereby granted are upon the express condition that the said company or its successors shall not allow filth or offal to accumulate, or be in or about the building or premises, nor in any drains, sewers, stream or streams flowing from, through or by the premises, or in any manner used by said company or its successors in carrying on its business, so as to become offensive or deleterious to the pub- lic comfort or health, and should the business, buildings, prem- ises, drains, sewers or streams aforesaid, or any of them be allowed to become foul or offensive, or a nuisance at any time, or in any manner in the opinion of the City Council of said city, then the rights hereby conferred may be revoked by the City Council, and said buildings and premises condemned and abated as a nuisance. Sec. 3. The building or buildings aforesaid shall be con- structed in substantial compliance with the plans and specifica- tions submitted to and approved by the City'Council, but such approval of the plans and specifications aforesaid shall not be construed to give any rights to said company or its successors, to carry on said business in the buildings aforesaid; Provided, said buildings when completed and used do not fully answer the purpose, .and said business is not carried on in every par- ticular, according to the letter and spirit of this ordinance. Sec. 4. The price and condition of the use of said prem- . ises for slaughtering shall be uniform for butchers doing busi- ness in said City, whether members of said corporation or not, and with this restriction the same may be determined by said company, for any person using said premises for the purpose of slaughtering, but the City Council hereby reserves the right at any time, by amendment to this ordinance, to fix the price to be charged any person or firm for using said premises for slaughtering and to enforce the provisions thereof by proper penalties. Sec. 5. The City Council at any time hereafter may in its discretion by ordinance impose any other and further restric- tions upon said company or its successors, in the carrying on of said business on said premises, so far as sewerage, cleanli- ness, freedom from offensiveness, etc., and general police regu- lations are concerned, and nothing herein shall be construed to limit the' right of the city so to do, and also to provide by 2I L. 322 SPECIAL ORDINANCES proper penalties for any violations of this ordinance or any subsequent amendment thereof. Sec. 6. This ordinance shall take effect from and after the date of its publication in the official papers of the city. Adopted August 5, 1889. Published August 31, 1889. Chapter XXIV. Revised Ordinances, 1901. AN ORDINANCE granting J. H. Strobel, his heirs and as- signs the right to Slaughter Hogs and Horned Cattle and to carry on the general Meat Packing business in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : Section 1. Whereas, J. H. Strobel proposes to erect a meat packing house on lots 413, 414, 415, 416 and 417 in East Dubuque, Dubuque City and County, State of Iowa; and Whereas, He is desirous of having secured to him, his heirs and assigns, forever, the right to .slaughter hogs and horned cattle, and carry on a meat packing and curing busi- ness in all its branches on said premises, without which he is unwilling to incur expense necessary to carry on said busi- ness; and Whereas, It is to the interest of the city to encourage such undertaking, and we are willing, and it is our intention hereby, to secure to said J. H. Strobel, his heirs and assigns, the right aforesaid as fully and effectually as we can do so. Therefore, In order to give effect to such intention on our part, and as inducement to said J. H. Strobel to carry out his proposed undertaking, we, the City Council of the City of Dubuque, do hereby grant to said J. H. Strobel, his heirs and assigns, forever, full power and authority to slaughter hogs and horned cattle and carry on a meat packing and curing business in all its branches on said Lots 413, 414, 415, 416 and SPECIAL ORDINANCES 323 417 in East Dubuque, Dubuque City and County, State of Iowa, which he has bought ; Provided, That in carrying on said business he shall not allow filth to accumulate on said premises as to thereby create a nuisance. Sec. 2. This Ordinance shall be in, full force and effect from and after its passage by the City Council of the City of Dubuque and after its publication in the official papers of said City and its acceptance in writing by said J. H. Strobel. Adopted December 7, 1891. Published January 12, 1892. Chapter XXVIII. Revised Ordinances, 1901. AN ORDINANCE' granting to the Dubuque Butchers' Asso- ciation the right to erect a General Slaughter House, and imposing certain obligations in relation thereto. Be it Ordained by the City Council of the City of Dubuque : Section 1. Whereas, The Dubuque Butchers' Associa- tion, an incorporation under the laws of the State of Iowa, propose to erect and maintain on Lots 429 and 430, East Du- buque, in the City of Dubuque, a large and improved slaughter house, and necessary yards, stables, etc., with facilities ade- quate to do all the slaughtering of animals required for con- sumption in said City; and, Whereas, The said Association has submitted to the City Council plans and specifications, showing the general plan, con- struction and material of the buildings proposed to be erected as aforesaid, and which plans and specifications have been ex- amined and approved by the City Council; and, Whereas, It is for the interest of the City that such a building should be constructed and maintained wherein all the slaughtering required in said city may be done, provided the same can be operated without becoming a nuisance or deleter- ious to the public health and comfort; therefore, 324 SPECIAL, ORDINANCES The City Council of the City of Dubuque hereby gives and grants to said Dubuque Butchers' Association and its successors, the right to construct and maintain , on the lots aforesaid, the general slaughter house, yards and buildings aforesaid. Sec. 2. The rights and powers hereby granted are upon the express condition that the said Butchers' Association in maintaining and carrying on the said business and buildings aforesaid, shall not allow filth or offal to accumulate or be in or about said buildings, or upon the said premises, nor in any drains, sewers, stream or streams flowing from, through, by or in any manner used by said Association in carrying on the business aforesaid, so as to become offensive or deleterious to the public comfort or health, and should said buildings, prem- ises or the drains, sewers or streams flowing from, through, or used by said Association in carrying on said business, be allowed to become foul or offensive, or a nuisance at any.time, or in any manner, in the opinion of the City Council of Said City, then the rights hereby conferred may be revoked by the City Council and said buildings and premises condemned and abated as a nuisance. Sec. 3. The building or buildings aforesaid, shall be con- structed in substantial compliance with the plans and specifica- tions submitted to and aproved by the City Council, but such approval of the plans and specifications aforesaid, shall not be construed to give any rights to said Association to carry on said business in the buildings aforesaid, provided said build- ings when so completed and used do not fully answer the pur- pose, and said business is not carried on in 'every particular according to the letter and spirit of the Ordinance. Sec. 4. The said building or buildings and appliances shall be of such capacity as to afford ample facilities for slaughtering for all butchers doing business in said city, whether they belong to said Association or not, and after the com- pletion and opening of said slaughter house for business, it shall be unlawful for any person to slaughter any • animal within the limits of the city, except the same be done in the said building or on the premises of said Association as herein- before set forth, or in the slaughter house of the Dubuque Packing and Provision Company, and any person violating the provisions of this section shall, upon conviction, be fined SPECIAL ORDINANCES 325 not less than ten dollars ($io.00) nor more than twenty dollars ($20.0o) with costs of prosecution. Sec. 5. The price to be charged for the use of said premises for slaughtering may be determined by said Associa- tion for any person using said premises for the purpose of slaughtering, but the City Council hereby reserves the right at any time by amendment to this Ordinance to fix the price to be charged any person or firm by said Association for using said premises for slaughtering and to enforce the provisions thereof by proper penalties. Sec. 6. The City Council at any time hereafter may in its discretion, by Ordinance, impose any other and further re- strictions upon said Asociation in the carrying on of said business on said premises, so far as sewerage, cleanliness, etc.,. and general police regulations are concerned, arid nothing here- in shall be construed to limit the right of the city so to do, and also to provide by proper penalties for any violations of this Ordinance or any subsequent amendment thereof. Passed March 5, 1883. Chapter XIX. Revised Ordinances, 1901. AN ORDINANCE granting the Dubuque Packing Co. per- mission to run pipes across and over the Bee Branch Sewer in the Alley between Cedar and Sycamore Streets and Sixteenth and Seventeenth Streets, in the City of Dubuque, and regulating such grant. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted the Dubuque Packing Co. to run water, steam, and ammonia pipes over and across the Bee Branch Sewer`in the alley between Sycamore and Cedar Streets and Sixteenth and Seventeenth Streets, in the City of Dubuque, between the buildings of said company located at the present time on either side of said sewer, subject to the conditions herein contained. Said pipes are to be constructed and placed in a safe manner, and are to be at least twenty-two feet above the upper surface 326 SPECIAL ORDINANCES of the covering over said sewer, leaving a clear space of said distance between such covering and the lower portion of said pipes, and in any event such pipes are to be so placed and main- tained as not to interfere in any way with travel upon and over said alley, and said pipes are to be so maintained, guarded, and located as not to,endanger persons or animals passing over and along said alley. Sec. 2. Said pipes are to be constructed subject to the approval of the City Engineer and the Street Commissioner of said city. Sec. 3. Said Dubuque Packing Co. shall, as a condition to the granting of 'this permission, guaranty, by accepting the terms hereof, to fully protect and save the City of Dubuque harmless as to any claims, damages or liabilities of any kind • which might arise because of the construction and maintenance of the pipes aforesaid, and in any suit which may arise against the City because of such pipes, said Company shall, at the request of the City, make all necessary defense thereto, and fully indemnify the City as to any expenses, liabilities, or out- lays made necessary because of such suit. Sec. 4. Should the City of Dubuque at any time deem said pipes or any part of them unsafe, or for any other reason deem their removal necessary or advisable, said City may order the immediate removal of said pipes or any part of them, and, on the refusal of said company to promptly remove same as directed, said City may do so, charging' the expense incident thereto to said company. Sec. 5. This Ordinance shall be in force and effect from and after its passage by the City Council and its publication one time in the Dubuque Times -Journal and the Dubuque Tele- graph -Herald, official newspapers of said City, and written acceptance hereof duly indorsed hereon by said Dubuque Pack- ing Co. Adopted, July 27, 1911. Approved, July 28, 1911. Published, August 3, 1911. Accepted, August 1, 1911. 1 SPECIAL, ORDINANCES 327 AN, ORDINANCE granting to The Coen Belt Packing Com- pany the right to build, maintain, and operate a Slaughter House and Packing Plant, together with the necessary Yards, Stables, and Pens for the corraling and housing of animals, and imposing certain obligations in relation thereto. Be it Ordained by the City Council of the City of'Dubuque: Section 1. Whereas, The Corn Belt Packing Company, a corporation organized under the laws of the State of Delaware, has purchased the property formerly known as the Dubuque Brewing and Malting Company's plant in the city of Dubuque, Iowa, and more particularly described as follows: Lot 7 of Mineral Lot 322 ; Lot 3 of Lot 8 of Mineral Lot 322; Lot 9 in Liebe's Subdivision; Lot 3, 4, and 5 in Liebe's Subdivision ; Lots 6, 7, and 8 in Liebe's Subdivision; Lot 2 in Liebe's Subdivision No. 2 ; Lots 4, 5, 6, 7, 8, and 9 in Liebe's Subdivision No. 2 ; Lots Io, 11, and 12 in Liebe's Subdivision No. 2; South / of Lot i in Liebe's Subdivision No. 2 ; Lots 25 and 26 in Glendale Addition; Lot 48 in Glendale Addition; Lot 49 in Glendale Addition; All in the City of Dubuque, Dubuque County, Iowa; and Whereas, The said Corn Belt Packing Company proposes to build, maintain, and operate on the aforesaid property a large and improved slaughter house and packing plant, with the necessary yards. stables, pens, and other facilities for the slaughtering of cattle, hogs, sheep, and other 'live stock, the dressing of poultry, and dealing in fish, butter, and eggs, and other agricultural or dairy products, manufactured or prepared articles produced or resulting from or embodying in whole or in part slaughtered live stock or agricultural and dairy pro- ducts, and the selling and dealing and otherwise\disposing of all of the aforesaid livestock, meats, and other products, and further propose to construct, erect, operate; maintain, equip, 328 SPECIAL, ORDINANCES and utilize packing houses, rendering establishments and all kindred pursuits growing out of the slaughtering of live stock and the packing of meats, fish, poultry, eggs, butter, etc. ; and Whereas, It is deemed advisable and to the best interests of the City of Dubuque that such an establishment should be constructed and maintained therein, Therefore, The City Council of the City of Dubuque, Iowa, hereby gives and grants to the said Corn Belt Packing Company, its successors and assigns, the right to build, main- tain, and operate on the property aforesaid the slaughter house and packing plant, buildings, yards, stables, pens, and other facilities aforesaid. Sec. 2. The rights and powers hereby granted are upon the express condition that the said Corn Belt Packing Company, its successors or assigns, shall not allow filth or offal to accu- mulate or be in or about the buildings or premises, nor in any drains, sewers, stream or streams flowing from, through, or by the premises, or in any manner used by said company, its suc-. cessors or assigns, in carrying on its business, so as to become offensive or deleterious to• the public comfort or health; and, should the business, buildings, premises, drains, sewers, or streams aforesaid, or any of them, be allowed to become foul or offensive, or develop into a nuisance, at any time or in any manner, the rights hereby conferred may be revoked or sus- pended by the City Council until such offensive condition is cured or removed and said nuisance abated. Sec. 3. That in view of the fact that two sanitary sewers are to be used in connection with the carrying on of the business of the packing plant, it is deemed advisable by the City Council that said packing company shall, as a condition precedent to the enjoyment of the rights herein granted, save the City harmless from any and all damages which may be sustained by it by reason of the connections which said company has made with said sewers ; and further that if it appears to the City Council that the sewers to which the packing company is con- nected shall prove insufficient for the uses to which they are put, then said City Council can order said packing company to reconstruct its own sewer from its plant to the nearest main sewer, and it shall be the duty of said packing company to comply with such instructions. SPECIAL ORDINANCES 329 Sec. 4. The City Council at any time hereafter may in its discretion, by ordinance or resolution, impose any other further restrictions upon said company or its successors in the carrying on of said business oft said premises, so far as sewerage, clean- liness, freedom from offensiveness, etc., and general police regulation are concerned, and nothing herein shall be construed to limit the -right of the City so to do, and also to provide by proper penalties for any violations of this Ordinance or any subsequent amendment thereto. Section 5. That this Ordinance shall be in force and effect from and ofter its passage by the City Council and pub- lication as provided for by law and its acceptance, duly signed by an authorized representative of the Corn Belt Packing Com- pany, said company to have ten days in which to accept the same. Adopted, December 19, 1918. Approved, December 23, 1918. Published,. December 23, 1918. Accepted by Corn Belt Packing Company, by A. B. Mc- Cue, President. ar 33o SPECIAL, ORDINANCES SPECIAL, ORDINANCES 331 TITLE XXIV. RAILROAD COMPANIES. AN ORDINANCE granting to the Dubuque & Northwestern Railway Company the right of way over and along a cer- • tain Street in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be, and the same is hereby granted to the Dubuque & Northwestern Railway Company, its successors and assigns, to lay clown and operate such rail- road track or tracks as may be necessary in the prosecution of its business, upon, along, and through Pine Street in said City of Dubuque ; provided, such track or tracks do not inter- fere with the railroad tracks now laid, and in actual use of any other railroad company : Sec. 2. That whenever required by •the City Council of this City, said Dubuque & Northwestern Railway Company shall, at its own expense, grade such part of said Pine Street as shall be used for said track or tracks, and that portion of any street crossed by its tracks along said Pine Street. Shall keep the space between the rails and to the end of the ties so graded that carriages and other vehicles may easily pass over the same; and on each side of every street crossed by its said track, along said Pine Street, shall construct and maintain suitable culverts and drains, so that the free passage of water shall not be impeded by the track or tracks hereby permitted; shall at street crossings along said Pine Street plank between the rails, and make suitable approaches to enable vehicles to cross its track, and shall fully comply' with all reasonable police regulations which the authorities of this City may establish in relation to the running of trains on said track or tracks, within the limits of this City. Sec. 3. That the track or tracks herein authorized shall be laid to the grade established by the City, and should the grade be changed at any time, the said track or tracks shall be changed to conform to said change of grade, such change of track or tracks to be made at the expense of the company, and the company to have no claim for damages against the City because of such change. Sec. 4. All Ordinances of the City heretofore passed in conflict with this Ordinance, or inconsistent with this Ordi- nance, are hereby repealed. Sec. 5. That if said company or its successors does not construct a railroad and operate the same upon said right of way within five years from the date hereof, all rights hereunder shall be forfeited. Sec. 6. This Ordinance shall be published in the official papers of the city, and shall take effect and be in force from and after its publication in the Dubuque Daily Herald. Adopted, March 3, 1884. Chapter XXIX. • Revised Ordinances of 1901. AN ORDIIVANCE granting to the Dubuque & Northwestern Railway Company, its successors and assigns, the right of way across and along certain Strets, Alleys, and Public Places in the City of Dubuque, for the purpose of con- structing and operating its railway thereon. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the right of way be and is hereby granted the Dubuque & Northwestren Railway Company, its succes- sors and assigns, across and along all streets, alleys, and public places in the City of Dubuque, with the right to lay proper tracks along and across the same as are embraced in the following limits, to -wit : All streets, alleys, and public places necessary to be crossed in laying a double track railway from the south line of the Dubuque Harbor Improvement Com- pany's Addition to the City of Dubuque, at Block number 332 SPECIAL, ORDINANCES Twenty-nine, and continuing as nearly parallel as may be prac- ticable to the present track of the Chicago, Milwaukee & St. Patil Railway Company to Eighth and Pine Streets, also across Eighth, Ninth, Tenth, and Eleventh Streets, between Pine Street and the east line of Elm Street; also across all streets between Pine and Elm Streets, from Twelfth Street to Nineteenth Street inclusive; also across Lake and High Streets, and across and along Kniest Street, and across Eagle Point Avenue and Sanford Street; and along Elm Street from Sanford Street to Twenty-third Street, and across Twenty- third, Twenty-fourth, and Twenty-fifth Streets, and across the Peru Road; also the right of way to use and occupy with its tracks the easterly thirty-five feet of lots number Two Hundred and Twelve to Two Hundred and Sixteen inclusive, in the East Dubuque Addition to the City of Dubuque; also the right of way to occupy with two tracks a strip of ground twenty-eight feet wide and commencing at a point on the alley next south of Sixth Street Extension, adjoining and immediate- ly east of the right of way granted to the Illinois Central Rail- road Company by ordinance on the eighth day of January, 1883, and extending thence southerly, adjoining and parallel with said right of way of the Illinois Central Railroad Company to Third Street ; also the right to occupy with a single track a strip of ground fourteen feet wide, lying east of and adjoin- ing and parallel with the Illinois Central Railroad Company's right of way from Third Street to First Street, in the City of Dubuque. Sec. 2. That the rights and privileges contained' in Sec- tion i are granted on the following express conditions, to -wit : First : That unless the Dubuque & Northwestern Rail- way Company shall have at least five miles of its road fully completed, so that trains may run thereon, on or before the first day of July, 1886, all grants and privileges herein con- tained shall be forfeited. Second : That unless the Dubuque & Northwestern Rail- way Company shall have one track filled and rails laid upon the twenty-eight foot strip of ground herein mentioned, and on the fourteen foot strip between Third and First Streets, on or before the first day of July, 1888; and the second track filled and rails laid on or before the first day of July, 1889, all grants and privileges to the said twenty-eight foot strip of ground SPECIAL, ORDINANCES 333 and the fourteen foot strip between. Third and First Streets to be forfeited. Third : That the filling for the single track between First and Third Streets shall extend as far easterly beyond the Dubuque & Northwestern Railway Company's track, when laid, as the present filling extends beyond the Illinois Central Railway Company's track, and the approach to Second Street shall be extended easterly beyond said track, and graded and protected with hard material upon the surface to the same slope it now has, and left in as good condition as it was before the work was commenced. Fourth : The grant herein contained of right of way between First and Third Streets shall be subject to all the provisions and restrictions contained in Section Ten, Twelve, and Thirteen of Chapter Seventy-seven of the Acts of the ' Seventeenth General Assembly, and of Section 1292 of the Code of Iowa, as amended by the act of March 13, 1874. And any and all acts that may be hereafter passed in amendment thereof, it being the express intention of this clause to provide that the Dubuque & Northwestern Railway Company shall, on request, receive, transport and deliver the loaded or empty cars of any company so connecting upon and over said fourteen foot strip upon the terms of reasonable charge for like service as pro- vided in the laws aforesaid; and should any difference arise as to what is a reasonable charge for such service, the question shall be referred to the City Council of the City of Dubuque, whose decision shall be final and conclusive upon all parties concerned. Fifth : All the rights and privileges herein granted by the 'City of Dubuque are upon the further express conditions that said Dubuque & Northwestern Railway Company shall, before constructing any portion of its road or tracks across or along any street, alley, or public place within said city, ascertain and compensate abutting propertyowners for any injury that may be caused to such property by the construction and operation of said railway, as required by the provisions of Section 464, Title 4, Chapter 1o, of the Code of Iowa. Sec. 3. Whenever required by the City Council of said city, said Dubuque & Northwestern Railway Company shall, at its own expense, grade that portion of any street occupied by its tracks, shall Beep the space between the rails and at 334 SPECIAL ORDINANCES the end of the ties so graded that carriages and other vehicles may easily pass over the same, and at all streets crossed by said tracks, shall construct and maintain suitable culverts and drains so that the free passage of water shall not be interfered with by the tracks hereby permitted, and 'shall, at all streets and crossings, plank between the. rails and make all necessary ,and suitable approaches to enable vehicles to cross its tracks, and shall strictly comply with all reasonable police regulations which the authorities of the city may establish in relation to the running of trains on said tracks within the city limits. Sec. 4. That the tracks herein authorized, shall be laid to the grade established by the City, and should the grade be changed by the City at any time, the said tracks shall be changed to conform to such change of grade, such change of the track to be made at the expense of the company, and the company shall have no claim for damages against the City because of such change. Sec. 5. Said Railway Company shall pay, or in case of suit thereon, shall make proper defense to all claims against the City of Dubuque for damages caused to any person or property, by the construction of said railway across or along any street, alley, or public place, and shall be liable for the amount of any judgment recovered against the City of Du- buque in any action for damage on any such claims And in all litigation to which the City of Dubuque may be made a party, and in any manner arising out of the grant to said Rail- way Company of the rights and privileges herein made, or in relation to any rights claimed adversely to the grants and privileges herein contained, said Dubuque & Northwestern Railway Company shall, upon being notified of the pendency of any such action, make proper defense thereto, and shall be liable for and shall pay any judgment or decree rendered against the City of Dubuque therein. Sec. 6. All ordinances heretofore' passed by the City of Dubuque in conflict with this ordinance are hereby repealed. Passed, June 8, 1885. Chapter XXX. Revised Ordinances of P901. SPECIAL, ORDINANCES 335 AN ORDINANCE granting to the Chicago Great Western Railway Company the right to lay a Sidetrack in the City of Dubuque, from the north side of Eighth Street to the South Side of Eleventh Street, as indicated by colored route shown on plat hereto attached marked Exhibit "A" and made a part of this ordinance. Be it Ordained by the City Council of the City of Dubuque: Section 1. That permission be and the same is hereby granted. to 'the Chicago Great Western Railway Company, its successors and assigns, to lay down, operate, and maintain a sidetrack -in the City of Dubuque from the north side of Eighth Street to the south side of Eleventh Street, as indicated by the colored route shown on plat hereto attached marked Exhibit "A," and made a part of this ordinance. Sec. 2. That the laying down of said sidetrack shall be done under the supervision of the City Engineer and the Com- mittee on Streets of said City. Sec. 3. That in the 'laying down and operation of said sidetracks the same shall be so constructed and maintained as to create the least possible .obstruction with the ordinary travel and use of the streets crossed or used by the same; that cars shall not be allowed to stand at the intersection of said side- track with Nipth and Tenth Streets; that said Ninth and Tenth Streets, including the sidewalk on both sides shall be kept free and clear for travel at all times except when it may be necessary for cars to be switched across the same. Sec. 4. The said sidetrack hereby authorized, shall be laid to the established grade of Elm Street, and should the grade of said street be changed at any time, the said sidetrack shall be so changed as to conform to such change of grade at the expense of the railroad company, and the company shall have no claim for damages against the city by reason of said change. Sec. 5. That said railroad company shall keep the space between the rails of said sidetrack and the end of the ties so graded that carriages and other vehicles may easily pass over the same; that at the intersection of Ninth and Tenth Streets, and any other portion of said sidetrack, when required by the City Council, said railroad company shall plank between the rails, and make suitable approaches to enable vehicles to easily cross the same. .• 1 j 11111 11 1 1 1 11 1111111i •611111111111111111111116111811 e ele • . • 11 • e • el., ... • e 336 SPECIAL_ ORDINANCES • Sec. 6. That said sidetrack shall be so constructed and maintained as not to dam up or obstruct the flow and drainage of water in the gutters of the intersecting streets, or on the surface of the streets occupied by the same; that said railroad company shall be subject to and strictly comply with all reason- able police regulations which the authorities of the city may establish in relation tothe running of trains on said track. Sec. 7. That the said Chicago Great Western Railway Company shall switch the cars of all other railroad companies owning and operating railway lines •in the City of Dubuque over this sidetrack, at a charge of not more than $2 per loaded car. Sec -8. That the City of Dubuque reserves the right to revoke the privileges hereby granted at any time after five years from the date hereof. Sec. 9. That this ordinance shall take effect and be in force from and after its publication one time in the Dubuque Daily Telegraph newspaper; and after notice in writing of the acceptance thereof by the Chicago Great Western Rail- way Company. Passed November 8, 1901. Approved November 9, 1901. Accepted November 20, 1901. Published December 17, 1901. AN ORDINANCE granting to the Chicago Great Western. Railway Company the right to fill and grade Elm Street .. between Sanford and Twenty-third Streets, so as to straighten the channel of the stream commonly called "Couler Creek," so as to permit of the laying of a second track in .Elm Street between Sanford and nom' ty-third Streets and across Sanford, Twenty-second and Twenty- third Streets in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: ' Section i. Permission is hereby granted to the Chicago Great Western Railway Company, its successors or assigns, to excavate and fill in Elm Street between Sanford and Twenty- third Streets in the City of Dubuque, Iowa, so as to straighten SPECIAL ORDINANCES 337 the channel of Couler Creek in said street sufficiently to permit of the construction of a second railway track across Sanford Street and along Elm Street to and across Twenty-third Street in said City, so that the railway tracks and the channel of Couler Creek shall be when straightened substantially as shown on the blue print identified by the signature of V. R. Coates, Chief Engineer, and filed in the office of the City Reorder of Dubuque on the 4th day of December, 1902. Said ditch when straightened shall be entirely within the boundaries of Elm Street and be maintained by the Chicago Great Western Rail- way Company at not less than its present capacity. until the completion of the Bee Branch sewer to Twenty-third Street, but not longer than November 1, 1905, if said Bee Branch Sewer *shall not be completed to twenty-third Street by said date. SCC. 2. Permission is also hereby granted to the Chicago Great Western Railway Company, its successors and assigns, to fill the channel of Couler Creek and grade the southwest half of Elm Street between the northwest line of Sanford Street and the northwest line of Twenty-third Street at any time after the Bee Branch seer, now in process of construction, shall be completed to Twenty-third Street ; such right to fill said channel and to grade said street to accrue, in any event, not . later than November 1, 1905. Such filling and grading shall he done to the present level of the northeast half of Elm Street along said course, except that such a depression shall be left for a gutter along said Elm Street between Sanford and Twenty-third Streets as the City Council shall direct. Such depression shall, however, be not more than two feet deep in the deepest part and shall slope from its deepest part to a top width of not more than eight feet. The southwest line of such depression shall be four feet from the southwest line of said Street. Sec. 3. In consideration of the grants and privileges made and given herein the Chicago Great Western Railway Com- pany, its successors or assigns, shall, before August 1, 1903, construct and thereafter maintain a sewer across its right of way between Rhomberg Avenue and Garfield Avenue in the City of Dubuque, so as to properly connect the sewer now end- ing on the northwest side of Garfield Avenue with the sewer now ending on the northeast side of Rhomberg Avenue; and for such purpose permission is hereby granted to said Railway Com - 22 338 SPECIAL, ORDINANCES pany to enter upon Garfield and Rhomberg Avenues and exca- vate therein and tear down so much of the sewer now construct- ed as may be necessary to properly construct said sewer accord- ing to the plan of said railway company therefor; provided, that when said sewer 'shall be fully completed said railway company shall restore said Garfield and Rhomberg Avenues to their present condition. Upon the completion of said sewer between Rhomberg Avenue and Garfield Avenue, the City of Dubuque hereby agrees to pay to the Chicago Great Western Railway Company the sum of one thousand one hundred and sixty-two dollars. Sec. 4. The Chicago Great Western Railway Company, its successors'and assigns, shall hold the City of Dubuque harm- less from any and all damages occasioned by the construction of said sewer across its said right of way, or occasioned by the straightening of the channel of Couler Creek in Elm Street, or by the construction of a second railway in halm Street, or by the filling and grading of Elm Street as herein provided. Sec. 5. The Chicago Great Western Railway Company shall accept this ordinance by filing with the City Recorder of the City of Dubuque within thirty days after the passage and publication of the same its written acceptance thereof executed by its proper officers, consenting to the terms and conditions of this ordinance and agreeing for itself, its successors and assigns to perform all acts and things herein agreed and required to be done by the railway company, its successors and assigns. Such acceptance may be made and filed after the passage of this or- dinance and before its publication. .Sec. 6. This ordinance shall take effect and be in force on and after its passage, publication and acceptance as herein provided. Approved January 12, 1903. Passed by the City Council January 8, 1903. Published officially in the Evening Globe -Journal, Feb- ruary 5th, 1903. Know All Men By These Presents, That the Chicago Great Western Railroad Company has and does hereby accept that certain ordinance passed by the City Council of the City SPECIAL ORDINANCES 339 of Dubuque on the eighth (8th) day of January, 19o3, and approved by the Mayor of said City'on the twelfth (12th) day of January, 1903, entitled : "An ordinance granting to the Chicago Great Western Railway Company the right to fill and grade Elm Street be- tween Sanford and Twenty-third Streets so as to straighten the channel of the stream commonly called `Couler Creek,' so as to permit of the laying of a second track in Elm Street be- tween Sanford and Twenty-third Streets and across Sanford, Twenty-second and Twenty-third Streets, in the City of Du- buque." And the Chicago Great Western Railway Company con- sents to the terms and conditions of the said ordinance and agrees for itself, its successors and assigns to perform all acts and things therein agreed to be done by it, its successors and assigns: Witness, the name and corporate seal of the Chicago Great Western Railway Company this 6th day of February, 1903. Chicago Great Western Railway Company. By Samuel Stickney, General Manager. Attest, R. C. Wright, Secretary. O. K., A. G. Briggs. AN ORDINANCE requiring the Chicago Great Western Rail- way Company to reconstruct the Viaduct on Peru Road over and across the tracks of said Chicago Great Western Railway Company. Whereas, The Viaduct at present constructed on Peru Road over and across the tracks of the Chicago Great Western Railway Company has become old, worn out and unsafe for public travel, and whereas, it is deemed necessary for the safety and protection of the public that said Viaduct leading over the Chicago Great Western Railway tracks on Peru Road be reconstructed ; Therefore, Be it Ordained by the City Council of the City of Dubuque : Section 1. That the Chicago Great Western Railway Company be and is hereby ordered, directed and required to 340 SPECIAL, ORDINANCES rebuild and reconstruct the viaduct leading over and across the tracks of said Railway Company on Peru Road in the City of Dubuque, Iowa. Sec. 2. That said Railway Company be required to com- plete the reconstruction of said Viaduct within 3o days from the time this ordinance and the plans and specifications for said Viaduct shall have been served upon said company. Sec. 3. That the City Engineer be and is hereby directed to prepare plans and specifications for the reconstruction of said Viaduct, and that as soon as the same have been prepared and aproved by the City Council, that the same be served upon the Chicago Great Western Railway Company together with this ordinance. Sec. 4. This ordinance shall be in force and take effect after its passage and publication one time in the Dubuque Daily Globe -Journal, the official newspaper of the City of Dubuque, Iowa. Adopted August 17, 1905. Approved August 22, 1905. Published August 3o, 1905. AN ORDINANCE approving and adopting the plans and specifications for the Construction of the .Viaduct over and across the tracks of the Chicago Great Western Railway Company at Peru Road, and providing for the construction and maintenance of same. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the plans and specifications for the con- struction of the viaduct and approaches thereto, over and across the tracks of the Chicago Great Western Railway Company at Peru Road in the City of Dubuque, as prepared and presented by the said Company and filed in the office of the City Engineer are hereby adopted and approved, and said Chicago Great Western Railway Company is authorized and directed to con- struct and complete said viaduct and approaches in accordance with said plans and specifications, and when so constructed and SPECIAL, ORDINANCES 341 completed the same shall be accepted by the City of Dubuque for and in lieu of all the requirements of a certain ordinance upon the same subject heretofore adopted by the City Council on •thel7th day of August, A. D., 1905, and approved on the 22nd day of the same month. Said viaduct and approaches to be completed on or before November ist, 1905. Sec. 2. Said Railway Company shall construct said via- duct and approaches thereto, in Peru road in such manner that the center line of said viaduct and approaches shall be six feet northerly from the center line of said street, and shall pay, or arrange to pay, all legal claims for damages to property abut- ting upon said viaduct and approaches on account of the change in the grade of said street, before the construction of the work. All of the work provided for in this section to be done under the supervision and to the satisfaction of the Street Committee and City Engineer. Sec: 3. That both approaches to said viaduct shall be macadamized and a four foot wooden sidewalk shall be con- structed on the northerly side of the west approach, and on the southerly side of the east approach to said viaduct, and that suitable guard rails shall be constructed upon both sides of said approaches. Sec. 4. This ordinance shall be in force from and after its adoption and aproval, its publication in the Dubuque Daily Globe -Journal, and the acceptance of its provisions by the Chi- cago Great Western Railway Company. AN ORDINANCE granting to the Chicago, Burlington & Northern Railroad Company, its successors and assigns, the right of way across and along certain streets and alleys, and to use and occupy for railroad purposes certain public grounds in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : Section 1. That authority is and the same is hereby granted to the Chicago, Burlington & Northern Railroad Com- pany, its successors and assigns, to use so much of the high- ways and public grounds, in the City of Dubuque, as may be 342 SPECIAL. ORDINANCES necessary on which to construct, operate and forever maintain railroad tracks for the running of locomotives, cars, and trains of cars for the use and purposes of its railroad, as follows, to -wit : a. The right of way over a strip of. ground twenty- eight feet wide, commencing at a point at the alley next south of Sixth Street Extension, adjoining and immediately east of the right of way granted. to the Dubuque & Northwestern Rail- way Company, on the eighth day of June, A. D., 1885, and ex- tending thence southerly adjoining and parallel with the right of way of said Dubuque & Northwestern Railway Company, to and across Third Street; also over a strip of ground twenty- eight feet wide, commencing on the south side of Third Street, at a point adjoining and immediately east of the right of way, fourteen feet wide, granted to the Dubuque & Northwestern Railway Company, by the Ordinance aforesaid, and extending thence southerly adjoining and parallel with the said right of way to First Street. Also the right of way for a single track for a connection with tracks aforesaid at First Street, and run- ning thence easterly along First Street Extension to a point on said extension forty-one feet north of the south line of the said First Street Extension, and easterly three hundred and twenty- three feet from the intersection of the south line of First Street, and the west line of Iowa Street extended; the precise location of said point being as indicated by the word "stake" on the plat on file ; indorsed and filed August 7; 1889, M. Tschirgi, Jr., City Engineer. A'lso'the right to place in connection with said track a switch so as to run trains therefrom into the depot grounds of said company between First and Third Streets. b. Also for a single track from a connection with the tracks last above described at First Street; thence southerly across said street, to and along Iowa Street, immediately east of and fourteen feet from the center line of the Dunleith & Dubuque Bridge Company's track as now constructed thereon to and across Jones Street; thence by the most practicable route across necessary streets to Water Street, and north and south thereon, and across all streets intersected thereby to First Street Extension and Railroad Avenue. And for a single track from a connection with the track last above described at or near the intersection of Warren Street with Dodge Street in northerly direction on Warren Street, and across Jones Street to First Street Extension. SPECIAL ORDINANCES 343 c. Also the right of way for a single track from a con- nection with the tracic first described in the foregoing para- graph, on Iowa Street, at the most practicable northerly point thereon, to and across First Street, and Second Street east of Iowa Street. d. Also for a single track from a connection with the -track on Iowa Street first described in paragraph (b) hereof, at the most practicable point on said street; thence southerly across all streets and alleys necessary to be crossed to South Main Street; thence north and south thereon, and across all streets and alleys intersected thereby to Jones Street, and the southern terminus of Main Street, and for a single track, from a connection with the last above described track, at a point between Jones and Dodge Streets on Main Street, across Dodge and Salina Streets to West Main Street; thence south along said street, and across all streets intersecting the same to the southern terminus of West Main Street and northerly thereon to Jones Street. e. Also the right of way from a connection with the tracks, authorized by paragraph (a) of this section, north of "+•.a Third Street at such points as may be convenient for said company, easterly to and along the alley between Third and . Fourth Streets, and across all streets intersected thereby, to the Mississippi River, all in Booth's Addition to the City of Dubuque. f. Also the right of way for a single track from a connec- tion with the tracks first described in paragraph (a), at or near, the alley next south of Sixth Street in a northerly direction acrossstreets and alleys necessary to be crossed to a connec- tion with the Dunleith & Dubuque Bridge Company's track. g. Also the right of way from connections with the tracks authorized in paragraph (a) of this section, at conveni- ent points to and through the lots and lands owned by said Railroad Company in Booth's Addition, and across all streets and alleys extending through the same north and south of Third Street Extension, and also from a connection with_said tracks easterly along Third Street Extension to the outer levee at the Mississippi River, and across all streets intersecting said Third Street Extension : Provided, however, That said Railway Company shall keep open and maintain in good condi- tion for travel, a roadway at least twenty-five feet wide across 344 • SPECIAL ORDINANCES its grounds, from the outer levee in the vicinity of Third Street Extension westerly to the inner levee, so called, at or near the Third Street bridge, until some other equally convenient road- way shall, in the judgement of the City Council, accommodate public travel through Booth's Addition to the outer levee north of the Ice Harbor. Also for a single track from a connection with the last described track on Third Street Extension, and at a convenient point thereon north and south upon and along the outer levee, so called, from Commercial Street to the Ice Harbor. h. Also the right of way for a single. track from a con- nection with the tracks first described in paragraph (a) hereof, at or near the alley next south of Sixth Street Extension, thence in a northerly direction across said alley, Sixth Street Extension, Washington and Wall Streets, and all alleys lying between said street to Seventh Street; thence along Seventh Street to Commercial Street; thence along Commercial Street and across all streets intersecting the same to the Mississippi River. i. Also the right of way for a single track from a con- nection with the tracks first described in paragraph (a) hereof, at or near the alley next south of Sixth Street in a northerly direction by the most practicable route across all streets, al- leys and public grounds east of Elm and Lake Streets to the Eagle Point ferry landing. Provided, That said railroad com- pany shall, before constructing the tracks herein- authorized, upon any street or alley, ascertain and compensate abutting property owners for any injury that may be caused to such prop- erty by the constructing of the same as required by Section 464 of the Code of Iowa. Sec. 2. That said Chicago, Burlington & Northern Rail- road Company, its successors and assigns, be and the same is hereby granted the exclusive right to use and occupy for rail- road purposes the following pieces and parcels of land within the City of Dubuque, to -wit : The triangular piece of ground east of and immediately adjoining Lot 528, in the City of Du- buque, and described as follows : Beginning at the northeast corner of Lot 528; thence easterly along the south line of Second Street extended thirty-eight feet, four inches; thence southwesterly to the southeast corner of Lot 528, thence north- erly along the east line of said lot to the place of beginning. SPECIAL, ORDINANCES 345 Also the triangular piece of ground south of and adjoining said Lot 528, extending east and west across the whole width of said lot, and along the east line* of Iowa Street to the southern terminus thereof ; thence in a straight line to the southeast cor- ner of said Lot 528, also the piece of ground lying south of Third Street Extension, east of the right of way herein granted, west of and adjoining Lot i, of :Block D, in Booth's Addition. Sec. 3. The said Chicago, Burlington & Northern Rail- road Company is hereby authorized and empowered to fill all that part of the slough lying between what is known as the one hundred foot strip and Booth's Addition, and to occupy and use the same for railroad purposes, provided said company shall put in and maintain necessary culverts and drains thereon to permit the free passage of water, of such capacity and at such places as the City Council shall direct and approve. Sec. 4. The tracks herein authorized to be constructed, upon South Main Street, Seventh Street, Commercial Street, and the outer levee, shall be laid upon and along said streets and levee in such manner, and upon such portions of said streets and levee, as the City Council shall direct and approve. Sec. 5. Whenever required by the City Council of said City, said Chicago, Burlington & Northern Railroad Company shall, at its own expense, grade that portion of any street occu- pied by its tracks, shall keep the space between the rails and tracks at all street crossings planked, and whenever such tracks are contiguous to other railway tracks at such crossings, to plank one-half the space between said company's tracks and such other tracks, whenever required so to do by the City Coun- cil, and shall comply with all police regulations. Sec. 6. The tracks herein authorized shall be laid to the grade established by the City, and should the grade on any street or alley be changed at any time, said tracks shall be made to conform to such grade at the expense of said railroad com- pany. Sec. 7. It is further provided, that said company shall have the right to fill the remaining portion of the "one hun- dred foot strip," so called, 'lying east of the right of way, 'de- scribed in paragraph (a) of the first section herein, from the alley next south of Sixth Street to a point one hundred feet south of Third Street in Booth's Addition, and to use and 3,46 SPECIAL, ORDINANCES occupy the same for railroad purposes, on the condition that said Chicago, Burlington & Northern Railroad Company shall quit and deliver up possession of said ground so filled and oc- cupied whenever the City of Dubuque shall grant the same to any railway company extending its lines into the city of Du- buque, and upon, repayment to said Chicago, Burlington & Northern Railroad Company of the actual cost of filling said ground, in no case to exceed the sum of twenty-five cents per cubic yard. Sec. 8. The rights and franchises hereby granted to the 0Chicago, Burlington & Northern Railroad Company by this ordinance, are for the sole use and benefit of said company, and to induce and enable it to enter and do business in the City of Dubuque, and are not, and shall not, be assignable to any other person, company or corporation now or hereafter opera- ting railroads in the City of Dubuque, without the consent of the City Council expressed by ordinance. This provision is not intended, however, to prevent the transfer of said rights and franchises to any railroad company which shall hereafter operate and control the main line of said Chicago, Burlington & Northern Railroad Company. Sec. 9. It is further expressly provided that the rights of way hereby granted to said Chicago, Burlington & North- ern Railroad Company to lay its tracks on Seventh and Com- mercial Streets, outer levee, Warren, Water, Iowa, Main and West Main Streets shall not be exclusive to said compnay, but all tracks constructed and operated upon said streets by said company shall be subject to the right of all railway companies now or hereafter operating railroads within the City of Du- buque, to have their cars transferred over said tracks without delay or hindrance, at reasonable rates, provided, that no rail- way company having similar trackage facilities in the City of Dubuque shall be entitled to have its cars so transferred, unless such railway company shall permit the use of such side tracks by other railway companies upon the same terms; if such rates shall not be agreed upon by the railway companies interested in the use of said tracks, the charges therefor shall be fixed and determined by the City Council, which shall finally regulate the same. Sec. 1o. The rights and franchises herein granted are subject to the following conditions and limitations: Said, Chi - 44 SPECIAL ORDINANCES 347 ,cago, Burlington & Northern Railroad Company shall within one year from the completion and operation of said railroad to East Dubuque, Illinois, construct and operate its main line into and through the City of Dubuque to its freight and pas- senger depots. All tracks herein authorized on all streets and public grounds, excepting Main and West Main Streets, shall be laid within three years after the completion and opening for business the line of said company into the City of Dubuque. The tracks on Main and West 1Main-streets shall be -constructed within five years after said time. In case of failure to lay its tracks on any street within the time herein specified, said railroad company shall at the option of the City Council for- feit all right to occupy and use the same. . Sec. r I. Said railroad company shall pay, or, in case of suit thereon, shall make proper defense to, all claims against the City of Dubuque for damages, caused to any person or property by the construction of said railway across any street, alley or public place; and shall be liable for the amount of any judgment recovered against the City of Dubuque on such claims. And in all litigation to which the City of Dubuque may be made a party, and in any manner arising out of the grant to said railway company of the rights and franchises herein con- tained, said Chicago, Burlington & Northern Railroad Com- pany shall, upon being notified of the pendency of any such action, make proper defense thereto; and shall be liable for and shall pay any judgment or decree rendered against the City of Dubuque therein. Sec. 12. This ordinance shall take effect from and after its publication in the Dubuque Daily Herald and the acceptance of its terms and conditions by the president of said railroad company, in writing, within sixty days from the date of said publication. Adopted February 1o, 1886. To the Common.Council of the City of Dubuque : Pursuant to the terms of Section Twelve of an_ordinance adopted by your honorable body, February 1o, 1886, entitled : • "An Ordinance granting to the Chicago, Burlington & Northern, Railroad Company, its successors and assigns, the 348 SPECIAL, ORDINANCES right of way across and along certain streets and alleys; and to use and occupy, for railroad purposes, certain public grounds in the City of. Dubuque." I, Albert E. Touzalin, President of the said Chicago, Bur- lington & Northern Railroad Company, and fully authorized and empowered by said company to accept the terms and con- ditions of said Ordinance, do hereby on behalf of and for said corporation, accept all and singular, the terms and conditions of the said Ordinance, and do hereby notify your honorable body of such acceptance thereof. In Witness Whereof, I have hereunto set my hand this 18th day of February, A. D., 1886. The Chicago, Burlington & Northern R. R. Co., By A. E. Touzalin, President. AN ORDINANCE granting to the Chicago, Burlington & Northern Railroad Company, its successors and assigns, the right to use and occupy certain streets and public grounds in the City of Dubuque, and to amend Chapter 84, of the Revised Ordinances of the City of Dubuque, granting said railroad company certain rights and privi- leges. Be it Ordained by the City Council of the City of Dubuque : Section I. The Chicago, Burlington & Northern ,Rail- road Company., its successors and assigns, are hereby granted the exclusive right and authority, to use and occupy for rail- road purposes the following described pieces and parcels of land, situated in the City of Dubuque, to -wit : A strip of land one hundred and thirty-eight feet in width, adjacent to and on the easterly side of the strip of land, granted to the said Chicago, Burlington & Northern Railroad Company, by an Ordinance adopted February loth, A. D. 1886; and extending from the southerly line of Block "D" in Booth's Addition ex- tended westerly to the southerly 'line. of Second Street extended easterly. Provided, however, and it is hereby made a condition of this grant, that the said Chicago, Burlington & Northern SPECIAL, ORDINANCES 349 Railroad Company, shall construct and forever maintain a suit- able and proper driveway on the outer edge of the above de- scribed ground not less than forty feet wide, and extending across the southerly and easterly sides of said one hundred and thirty-eight foot strips, and keep the same in good repairs for public use, and shall fill Second Street extended easterly its full width from its present terminus to the east line of the land here- in granted. Also all that part of the hundred foot strip lying southerly of Third Street, and extending to the southerly line of Block "D" extended and easterly of the right of way granted to the said Chicago, Burlington & Northern Railroad Company by the original Ordinance aforesaid. Also all that part of the hundred foot strip lying between the northerly line of Third Street and the center line of the alley between Third and Fourth Streets extended westerly from the west line of Booth's Addition to the east line of the right of way granted to the said Chicago, Burlington & Northern Rail- road Company, by Ordinance adopted February Id, 1886. Also a strip of land fourteen feet in width adjacent to, and on the easterly side of the right of way granted to the Chicago, Burlington & Northern Railroad Company by the original Ordinance aforesaid, and extending from the center of the alley between Third and Fourth Streets extended north- westerly to the, center of the alley between Fifth and Sixth Streets. Sec. 2. The said Chicago, Burlington & Northern Rail- road Company, its successors and assigns, are hereby author- ized to construct, operate and forever maintain a depot or depots, for the uses and purposes of their railroad on said de- scribed premises, and to lay and maintain all necessary railroad tracks for the running of locomotives, cars and trains of cars thereon, for the; uses and purposes of their railroad, and to erect and forever maintain thereon, and use such other build- ings and structures as may be necessary or convenient for the uses and purposes of their said railroad in the prosecution of its business. Sec. 3. The rights and privileges herein granted to the said Chicago, Burlington & Northern Railroad Company, are granted upon the following expriiss conditions and reserva- tions : The said Chicago, Burlington & Northern Railroad ,1 lib1 •1111110•11•1• I 1 I 111 • • 1 1 I II NM 350, SPECIAL, OltnINANCES Company shall permit its track now laid immediately east of the right of way heretofore granted to the Illinois Central. Railroad Company by Ordinance passed January 8, 1883, and, being Chapter 81, of the Revised City Ordinances, to remain where the same now is, forever; and said Chicago, Burlington & Northern Railroad Company may construct and build and forever maintain on said one hundred foot strip two additional tracks immediately east of the track now laid and occupied by it as aforesaid, with fourteen feet centers, that is fourteen feet from center to center of each track so to be laid, extending from the center of the alley between Fifth and Sixth Streets southerly to the northerly line of First Street Extension. It is hereby expressly provided as a condition of this grant, that in case the City Council at any time hereafter, for the pur- pose of inducing or aiding any railroad company or com- panies not now doing business in the City of Dubuque, to construct a line or lines of railroad into said city, should de- sire to assist said company or companies in obtaining right of way or terminal facilities, the City Council hereby reserves the right to grant to said company or companies, at its dis- cretion, subject to the conditions herein imposed, the right to' take exclusive possession of and .to use, occupy and 'operate' for railroad purposes in perpetuity, the strip of ground four- teen feet in width, and track thereon now wholly or in part constructed, next to, adjoining and easterly of the said track of the Illinois Central Railroad Company, on said fourteen foot strip its entire length, reserving to the Chicago, Burlington & Northern Railroad Company the right to so adjust its curves and tracks sonth •of Second Street, as to enable it to connect with its track now laid on First Street Extension; Provided, That said company in so doing shall not encroach on that por- tion of the easterly forty-four feet of the one hundred foot strip -south of Second Street to any further extent than to maintain its track now laid; and in case such grant shall be made by the City Council, the Chicago, Burlington & Northern Railroad Company shall thercupop quit and - surrender said fourteen foot strip of ground and track to said-)-ailroad coin= pan y or companies upon compensation, and repayment first Made to said Chicago, Burlington & Northern Railroad Com- pany of the actual cost of filling said ground, but in no case to exceed the sum of twenty-five cents per cubic yard, and actual value at the time of such taking of the bridges, culverts A 11,11, II • SPECIAL ORDINANCES 351 and tracks, laid on and under the same, and in case the re- spective companies shall not be able at any time to agree on any question touching the cost and' amount to be paid for such filling track, culverts and bridges as herein provided, an issue shall be made.before a competent court of the County of Du- buque;:having jurisdiction in such cases, a trial duly had and the athount of recovery, as found on such trial, shall be final, conclusive' and binding upon each of said companies, and no appeal' thereffom shall be taken, nor shall there be any undue delay to such proceeding. Sec. 4, The said Chicago, Burlington & Northern Rail- road Company shall, on- or before the first day of November, 1891,. fill, up all the ground granted it by this Ordinance, lying north of the south line of Second Street to the north line of Third Street, and east of the present track of said company betweensaid streets, and in doing such -filling, and all filling required in, the construction of its tracks on the ground herein granted,. said company shall provide for proper and suitable drainage so as not to obstruct or in any manner interfere with the sewers or culverts now emptying into said land, and so as to carry the water north of Third Street below Second Street nd into the ice harbor, such drainage tobe done under the supervision of the City Engineer, and to the satisfaction of the City Council. Sec. 5. Said Chicago, Burlington & Northern Railroad Company,. shall erect and forever maintain a suitable pas- senger depot, between Second. and Third. Streets east of its third track to be located and placed as herein described, and shall complete such, depot, and' the roadway and the driveway herein provided for, on or before the first day of November, 1891. See.. 6. The said Chicago, Burlington & Northern Rail- road Company shall on accepting this Ordinance, relinquish all rights which it now has to two triangular pieces of ground, adjoining Lot 528 in the City of Dubuque, which pieces are more fully described. in Section 2 of Chapter 84, of the revised City Ordinances of the City of Dubuque; and shall make no further claim to said two triangular pieces of ground after its acceptance of this. Ordinance, _that being a condition of the g,i;ant herein made. 352 SPECIAL ORDINANCES Sec. 7. This grant is given and made, subject to the rights, conditions, forfeitures, restrictions and limitations, ex- cept as herein modified, contained in the original Ordinance, being Chapter 84 aforesaid and entitled,"An Ordinance grant- ing to the Chicago, Burlington & Northern Railroad Com- pany, its successors and assigns, the right of way across and along certain streets and alleys, and to use and occupy for railroad purposes, certain public grounds in the City of Du- buque, adopted February 1o, 1886, and accepted on the i8th day of February, 1886, by A. E. Touz}in, President of the Chicago, Burlington & Northern Railroad Company, as far as the same are applicable thereto. In case of failure on the part of said Chicago, Burlington & Northern Railroad Company to complete its passenger depot, and the street herein provided for by the time specified herein, to -wit : November 1, 1891, this Ordinance shall be absolutely null and void, without fur- ther action on the part of the City Council, and such failure shall operate as a repeal of this Ordinance, and place the par- ties in the same position as if this Ordinance had not been passed. Sec. 8. The grant herein contained, 'authorizing the con- struction of the first track to be built east of the present track now occupied by the said Chicago, Burlington & North- ern Railroad Company, on said one hundred foot strip, and, next thereto, and the right to use said track now laid_ on said one hundred foot strip, Provided, No other company or com- panies purchase the same as herein provided, shall be subject to all the provisions and restrictions contained in Sections 1o, 12 and 13 of Chapter 77, of the Acts of the Seventeenth, Gen- eral Assembly, and of Section 1792 of the Code of Iowa, as amended by the act of March 13, 1874, and any and all acts which may be hereafter passed in amendment thereof, or sup- plementary thereto, it being the express intention of this clause to provide that the said Chicago, Burlington & Northern Rail- road Company shall, on request, receive, transport and deliver all loaded or empty cars of any other connecting railroad or railroads over and upon said two tracks upon the terms of a reasonable charge for like charges, as provided by law, and should any difference arise as to the proper compensation for such service the question will be referred to the Railroad Com- missioners of the State of Iowa, whose decision shall be final and conclusive upon all parties concerned. SPECIAL, ORDINANCES 353 Sec. 9. This Ordinance shall be published in the official papers of the city, and shall take effect and be in force from and after its passage and publication in the Dubuque Daily Telegraph and the acceptance of its terms and conditions by the president or vice-president of said Chicago, Burlington & Northern Railroad Company, in writing, within sixty days from the date of said publication. Adopted October 6, 189o. Published October 17, 189o. Approved. To the City Council of the City of Dubuque : Pursuant to the terms of Section 9 of an Ordinance adopt- ed by your honorable body October 6, 189o, entitled : "An Ordinance granting to the Chicago, Burlington & Northern Railroad Company, its successors and assigns, the right to use and occupy certain streets and public -grounds in the City of Dubuque, and to amend Chapter 84 of the Revised Ordinances of the City of Dubuque, granting said railway com- pany certain rights and privileges," I, George B. Harris, vice-president of the said Chicago, Burlington & Northern Railroad Company, and fully author- ized and empowered by said company to accept the terms and conditions of said Ordinance, do hereby, on behalf of and for said corporation, accept all and singular the terms and conditions of the said Ordinance, and do hereby notify your honorable body of the acceptance thereof by said company. In witness whereof, I have hereunto set my hand and the seal of said company this i3th day of October, A. D., 189o. George Harris, Vice -President Chicago, Burlington & Northern Railroad Company. AN ORDINANCE granting to the Dubuque & Sioux City Railroad Company the right to lay a switch and side track on Jackson Street from Seventh to Eighth Streets. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and is hereby granted to the Dubuque & Sioux City Railroad Company, its successors 23 354 SPECIAL, ORDINANCES and assigns, to lay and operate a switch or single railway track. on Jackson Street in the City of Dubuque, from and connect- ing with the present track in the center of Jackson Street, in a northeasterly direction across Seventh Street to the northeast corner of Seventh and Jackson Streets and thence parallel with the track now in the center of Jackson Street north to the south line of Eighth Street, the center of side track, from the north line of Seventh Street to the south line of Eighth Street, to be about 25 feet east of the center of Jackson Street. Sec. 2. That the Dubtique & Sioux City Railroad Com- pany, its successors and assigns, shall, whenever required by the City Council of said City so to do, at its own cost and expense, pave or plank the space between the rails and the ends of the ties south of the north line of Seventh Street in such a manner as will afford easy passage for wagons or other vehicles, and at its own expense place the grade of said track on the grade of Jackson Street, in which said track is laid, and in all things comply with the Ordinances of said City, so far as the obstruction of streets and gutters is concerned and not incon- sistent with the permission hereby given. Sec. 3. The rights herein granted may be revoked at any time by the City Council after a period of five years from the ist day of October, 1905. Sec. 4. This Ordinance shall be in force from and after its passage and publication one time in the Dubuque Daily Globe -Journal, the official newspaper of the City of Dubuque. Adopted September. 21, 1905. Approved September 25, 1905. '1 Published October 10, 1905. AN ORDINANCE granting to the Illinois Central Railroad Company the right of way over and along certain streets and alleys in the City of Dubuque. B:e it Ordained by the City Council of the City of Dubuque : Section is That perinission be, and the same is hereby granted to the Illinois Central Railroad Company, its suc- cessors. and assigns, to lay down and operate a single railway track from a convenient point on the Bridge Company's track, SPECIAL, ORIDINANCAS 35 north of First Street and south of Second Street; to the alley oh the south side of and intersecting the south line of said street between Main and Iowa Streets, and thence south along said alley to the south side of Railroad Avenue. Sec. 2. That the Ordinance heretofore adopted, entitled "An Ordinance granting to the Dubuque, Bellevue & Mis- sissippi Railway Company and to the Dubuque & Minnesota_ Railway Company the right of way through the City of Du- buque," passed February 2, 1871, be, and the same is hereby so far modified, that the said Dubuque, Bellevue & Mississippi Railway Company, and said Dubuque & Minnesota Railway Company, their successors and assigns, shall be permitted and required to lay their track on one side of said alley, while the said Illinois Central Railroad Company shall lay its track, herein atithorized, on the other side of the same. Sec. 3. That whenever required by the City Council of. this city, said Illinois Central Railroad Company shall, at its own expense; grade the one-half of said alley on which its track shall be laid, and that portion of any street crossed and occupied by its track, shall keep the space between the rails, and to the end of the ties so graded that carriages and other vehicles may easily pass over the same, and- on each side of every street crossed by its said track shall construct and main- tain suitable culverts and drains, so that the free passage of water shall not be interfered with by the track hereby per- mitted, shall at street crossings plank between the fails, and make suitable approaches to enable vehicles to cross its track, and shall strictly comply with all reasonable police regula- tions which the authorities of this City may establish in rela- tion to the running of trains on said track within the limits of this city. Sec. q.. That the track herein authorized shall be laid to the grade established by the city; and should the grade be changed by the City at any time, the said track shall be changed to conform to such change of grade, such change of the track to be made at the expense of the company, and the company to- have no claim against the city for damages because of such change. Sec. 5. That this Ordinance shall be in force from and after notice in writing" of the acceptance thereof, by said 356 SPECIAL ORDINANCES Illinois Central Railroad Company, given to the Mayor of this city, and the publication of this Ordinance in the official papers of this City, at the expense of said company. Passed December 2, 1874. Chapter XXXIV. Revised Ordinances of 1901. AN ORDINANCE granting to the Illinois Central Railroad Company the right to extend the railroad track operated by it on Jackson Street to Tenth Street in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : • ' Section 1. That permission, with the right of way, be, and the same is hereby granted unto the Illinois Central Rail- road Company, to extend the railroad track now operated by it on Jackson Street, in the City of Dubuque, from its present terminus near Eighth Street, up and along said Jackson Street to its intersection with Tenth Street, said company to have and use such extended track with the same rights and privileges and under the same conditions, limitations and restrictions as are given and imposed by the Ordinance authorizing and regu- lating' the Dubuque Lumbermen & Manufacturers' Railroad Company, adopted July 1o, 1869. Sec. 2. Provided, That in the construction of said track across Eighth Street, the same be so constructed as not to interfere with -the capacity of the sewer on said street, or the flow of water therein, and that the extension aforesaid be made, under the supervision and to the satisfaction of the Committee on Streets of said city. Sec. 3. That the City reserves the right to revoke the privileges hereby granted at any time after five years. Sec. 4. That this Ordinance shall be in force from and after one publication of the same in the official papers of the City, said publication to be without expense to the City. Passed May 2, 1881. Chapter XXXV. Revised Ordinances of 1901. SPECIAL, ORDINANCES 357 AN ORDINANCE granting to the Illinois Central Railroad Company the right to lay a switch and side _track. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and is hereby granted to the Illinois Central Railroad Company, its successors and as- signs, to lay and operate a switch or single railway track on Washington Street, in the City of Dubuque, from the main line of railway on said street to a point opposite and along the Dubuque Oat Meal Mill. Sec. 2. That said Illinois Central Railroad Company, and their successors and assigns, whenever required by the City Council of said City, shall, at its own cost and expense, so grade the street or part thereof on which said track may be laid, and pave or plank the space between the rails and the ends of the ties, in such manner as will afford an easy passage for wagons or other vehicles, and place the grade of said track as may be directed by the city authorities, and in all things comply with the Ordinances of said City, so faras the ob- struction of streets and gutters are concerned, and not in- consistent with the permission hereby given. Sec. 3. That at any time after the period of three years from the first of May, 1882, the said City may revoke the rights hereby granted. Passed July 3, 1882. Chapter XXXVI. Revised Ordinances of 1901. AN ORDINANCE granting right of way to the Illinois Cen- tral Railroad Company over certain streets and public grounds, in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : Section 1. That authority be, and the same is hereby granted to the Illinois Central Railroad Company, its suc- cessors and assigns, to use so much of the public grounds and highways of this City, as may be necessary, and on which to construct; operate, and forever maintain and use railroad tracks 35$ SPECIAL, ORDINANCES for the running of locomotives, cars and trains of cars, for the uses and purposes of its railroad, as follows : A single track from a point of junction with the Dunleith & Dubuque Bridge Company's track north of Fifth Street, to be selected by the engineers of said Railroad Company; thence southerly to a point where the center line of said Bridge Company's track will be twenty-eight feet distant from the center line of said new track; thence southerly and parallel to said Bridge Company's track, maintaining said distance from center to centertherefrorn to and across Jones street. Also such tracks as may be necessary to connect in a proper and suitable manner the track to be laid as aforesaid, with whatever tracks may be laid by said company, its suc- cessors and assigns, on Block number two in the Dubuque Harbor Company's Addition to the City of Dubuque; also such tracks as may be necessary across Jones, Dodge, Charter and Camp Streets and Railroad Avenue, in said Harbor Com- pany's Addition, east or west of Iowa Street, to connect or extend any tracks said railroad company may construct or lay on or along the property now owned by it, on either side of said street. Also a track from the south side of First Street along Warren Street, in said Harbor. Company's Addition, southerly to connect with tracks laid, or that may be laid by said com- pany on Iowa Street. It is understood that this Ordinance shall be construed to be a mutual contract between the City of Dubugtie and said Illinois Central Railroad Company, and in consideration of the rights and privileges hereby conferred upon said company, it hereby agrees, and by acting in any manner in pursuance of this Ordinance, shall be taken to contract, and agree as fol- lows : That with all reasonable diligence, after the passage of this Ordinance, it will lay the track from Jones Street north, first hereinbefore provided for; that, as required by the resolu- tion of the City Council of this City, heretofore passed on the subject it will fill to grade the west one hundred feet of Blocks Two, Three and Nine, and the east half of Blocks One and Ten, in the Dubuque Harbor Company's Addition ; that it will fill Iowa Street to its full width between First and Jones Street, and construct and maintain a substantial plank sidewalk .four . SPECIAL ORDINANCES 359 feet wide, as nearly as practicable, along the east side of that portion of that street; that it will grade and macadamize said portion of said street the full width of the same on either side of the Bridge Company's track; that it will not allow its cars to stand to be loaded or unloaded on Iowa Street at its junction with First Street; that it will plank with good oak plank be- tween the rails of all its tracks on Iowa Street where it joins First Street and on First Street,. and in a similar manner be- tween said tracks ; that where any of its said tracks lie next to said Bridge Company's track, or the track of the Chicago, Milwaukee & St. Paul Railroad Company, it will plank as afore- said, one-half of the space from any of its said tracks towards the track of such other company as aforesaid ; that it will at all times maintain the planking so to be done in good order and condition ; that it will so grade and cover with hard material the slopes from said Bridge Company's track at Second and Fourth Streets the full width of said streets; that the incline on them shall not be any greater than it is at present; that any rail- road company which has not now a line of road into the city, and which hereafter builds a new line of railroad into the city, shall have the right to cross with its main line of road at any point north of the south line of First Street the track authorized by this Ordinance to be laid , north thereof, the point of crossing to be designated by the City Council, and the crossing to be put in and maintained at the joint expense of both companies ; that it will in a proper and suitable man- ner at all street crossings of the tracks hereinbefore contem- plated, plank in manner aforesaid between the rails and be- tween the tracks where it has more than one track, and main- tain the same in good order and condition; that it will carry all sewers and drains crossed by any of said tracks under and across the same so that said drains and sewers shall not be obstructed by the construction of any of said tracks; that it will construct and maintain, whenever required by the City Council, other suitable culverts and drains under said tracks to admit of proper drainage under the same; that as the prop- erty abutting on Warren Street is filled by the owners, said company will fill said street to keep apace with such filling so that said street shall at all times be filled as high as said abut- ting property; that all of said work shall be done to the satis- faction of the City Council of this City, and the planking here- ' inbefore provided for, shall be done so that vehicles can easily 36o SPECIAL, ORDINANCES pass over the side tracks and crossings, and shall extend across the full width of the streets crossed; and said Illinois Central Railroad Company shall further be taken to agree, as aforesaid, that, if within three years from the date of the passage of this Ordinance, it is requested so to do by the City Council, for the main line of a new road built into the city after the passage of this Ordinance, or at the time of such request, so being built by a company not now having such a line of road, it will, within a reasonable time after such request is made, and for a reason- able compensation, in no event to exceed the sum of six thou- sand dollars, and after proper legal authority is assured to it by the City authorizing it so to do, do whatever filling may be necessary to prepare a bed on which one such main railroad track can be laid from the north line of First Street to the south line of Sixth Street, the center line of such main track riot at any point to be more than fourteen feet east from the center line of the track which shall be laid by said Illinois Central Company in the same locality in pursuance of this Ordinance. The compensation herein provided to be paid said Illinois Central Railroad Company for the doing of the filling as afore- said to be paid, or secured to be paid to the satisfaction of said company, before it shall be obliged to do said work. Sec. 2. That the tracks laid in pursuance of this Ordi- nance shall be laid to grade established or that may be estab- lished by the City Council, and shall be raised or loweredat the expense of said Illinois Central Railroad Company, as said Council may alter the grade of the street affected by them. Sec. 3. That said company shall_ strictly comply with all reasonable police regulations which the authorities of said City may establish in relation to the running of cars on said tracks within the city limits. Passed January 8, 1883. Chapter XXXVII. Revised Ordinances of 1901. SPECIAL ORDINANCES 361 AN ORDINANCE granting to the Illinois Central Railroad Company, its successors and assigns, the right of way along and across certain streets rind alleys in the City of Dubuque, for the purposes of constructing and operating a railway trach thereon. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the right be and is hereby granted to the Illinois Central Railroad Company, its successors and assigns, to construct and forever maintain and operate in this city a railway track for railway purposes, in connection' with the lines of railway now operated by said company, as follows : Com- mencing at a point on the Illinois Central Company's track near the south line of Block 28, in Dubuque Harbor Company's Addition, thence across Block 28 to a point in the center of Salina Street, south of Railroad Avenue ; thence northerly along Salina Street, crossing Railroad Avenue at a right angle with the same, to the intersection of Dodge and West Main Streets ; thence along West Main Street to the south line of Jones Street, crossing allintervening streets and alleys. Also the right to construct, maintain and operate a branch track from a con- nection with said track in Salina Street and West Main Street, west on Dodge Street to the west line of Harrison Street, cross- ing all intervening streets and alleys ; also, with the right to connect the lines herein described by suitable and practicable curves. Also the further right to construct 'spur tracks, under the direction of the City Council, to any and all factories and other industries that are or may hereafter be located along or on property adjoining any of the routes hereinbefore described. Sec. z. Said tracks shall be laid in the center of said streets unless otherwise ordered by the City Council. Said railroad company shall, whenever required to do so by the City Coun- cil, fill to grade with earth filling the streets along which said tracks shall be laid, the full width thereof ; and also fill any lot or lots abbutting on the streets so occupied. For all filling so put in by said railroad company, other than that required for the purposes of its tracks, it shall be entitled to compensation at a rate per yard equal to the actual cost of said filling; the amount of said filling so to be paid for to be measured and estimated by the City Engineer and the engineer of said railroad company. 362 SPECIAL ORDINANCES Sec. 3. The surface of the roadbed herein required shall be not less than fourteen feet in width, and the tracks herein ' authorized shall be laid to the grade established by the city, and, should the grade be changed by the City at any time, the said tracks shall be changed to conform to such changes of grade; such change of the tracks to be made at the expense of the said railway company, and said railway company shall have no claim for damages against the city because of such change. At all crossings the said railway company shall keep the space between the rails, and one foot outside of the same properly planked in such a manner that carriages and other vehicles may easily pass over the same; and, whenever it shall be neces- sary, and the City Council shall require, said company shall maintain suitable waterways under said tracks, without expense to the City, so that said tracks shall not be an obstruction to the proper drainage of the localities through which they may be laid, and as may be determined by the City Council. Sec. 4. Said company shall comply with all k-easonable - police regulations from time to time made governing the use and operation of said tracks. Sec. 5. The construction of the track along Salina Street and West' Main Street shall be commenced as soon as practic- able, and the work thereon shall be continued with all reason- able diligence, and be completed on or before October 1, 1895, unless delayed by injunction or other legal proceeding. 'Un- less said work is commenced within three months, all rights under this Ordinance may be declared forfeited at the option of the City Council. The track along Dodge Street, and the spur tracks hereinbefore mentioned, shall be constructed when- ever it is necessary to do so, to any industries, warehouses or factories that are now or may be hereafter located along any of the routes hereinbefore described. • ' Sec. 6. Said railway company shall save the city from all liability for, or, in case of suit thereon, shall make proper de - 1 fense to all claims against the City of Dubuque for damages caused to any persons or property by the construction' of said tracks along or across any street or alley occupied by them, or by the movement of cars or locomotives switched or used on said tracks, and shall be liable for the amount of any judg- ment recovered against the City of Dubuque on any action for damage on any such claims. SPECIAL, ORDINANCES 363 Sec. 7. It is further expressly stipulated and provided that all railway companies now or hereafter operating tracks in the City of Dubuque shall be entitled at any time to have their cars transferred over said tracks, and all intermediate tracks of said Illinois Central Railroad Company in the City of Dubuque, necessary to be used in -order to connect. with the sidetracks herein authorized, at reasonable switching rates, which shall not exceed $2.0o for each loaded car, and empty cars free, so transferred and switched. Provided, That no rail- road company having track facilities in the City of Dubuque shall be entitled to have its cars so transferred, unless such rail- road company shall permit the use of its sidetracks in said city by other railroad companies upon the same terms. If the rate for such transferring and switching cannot be agreed upon by the railroad companies interested in the use of said tracks, the charge therefor shall be fixed and determined by the City Council, who shall finally fix and regulate the same. Sec. 8. The rights and privileges herein granted by the City of Dubuque are upon the further express condition that said Illinois Central Railroad Company, before constructing any of the tracks herein authorized, shall comply with the pro- visions and requirements of Section 464, Title 4, Chapter 10, of'the Code of Iowa. Sec. 9. It is expressly understood that this Ordinance, when accepted by said Illinois Central Railroad Company, shall be construed to be a mutual contract between the City of Dubuque and said railroad company, and in consideration of the rights and privileges conferred upon said company, it here- by agrees to be bound by and perform all the conditions and obligations herein contained and specified. Sec. To. That this Ordinance, if accepted in writing by the Illinois Central Railroad Company within fifteen days from and after its passage, and approval by the Mayor, shall be published one time in the Dubuque Daily Herald newspaper, and shall thereupon take effect and 'be 'in force; otherwise it shall be null and void. • Adopted January 17, 1895. Approved January 17, 1895. Accepted January 21, 1895.. 364 SPECIAL, ORDINANCES AN ORDINANCE granting the Illinois Central Railroad Com- pany, its successors and assigns, the right of way over and across certain streets in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted to the Illinois Central Railroad Company, its succes- sors and assigns, to construct, maintain and operate a side track, from a point on its Salina Street track, a short distance north of Charter Street, and thence westerly across West Main, Harrison and South Locust Street, and thence westerly across Harrison and South Locust Street, on the premises of James Beach & Son. Said track to cross South Locust Street at about right angles, at a point 270 feet south of the south line of Dodge Street. Sec. 2. That the track herein authorized shall be laid to the established grade of the city, andshould any grade be changed at any time, the said track shall be changed to con- form to such grade. Sec. 3. That the Illinois Central Railroad Company shall switch the cars of other railway companies owning and operat- ing railway lines in the City of Dubuque over this track, at a charge of not more than $2.00 per loaded car. Sec. 4. That this Ordinance shall take effect and be in force from and after its passage and publication one time in the Dubuque Daily Telegraph, and its written acceptance by said Illinois'entral Railroad Company within ten days. Adopted September 4, 1895. Chicago, Sept. 13, 1895. Whereas, by an Ordinance of the City of Dubuque, Iowa, passed at the session of its common council, on the Fourth day of September, 1895, entitled, "An Ordinance," granting to the Illinois Central Railroad Company, its successors and as- signs, the right of way over and across certain streets in the City of Dubuque, (a copy of said Ordinance appended hereto), the written acceptance by the said Railroad Company is by Section Four thereof required within ten days. Now, there- fore, in compliance with the requirements of Section Four of said Ordinance the Illinois Central Railroad Company does hereby accept said Ordinance, and agree to the terms of said SPECIAL ORDINANCES 365 Ordinance and the duties imposed upon it by said Ordinance as hereto attached. This the i3th day day of September, 1895. Witness name and corporate Illinois Central Railroad Com- pany by J. T. Harrahan, Second Vice -President. AN ORDINANCE granting to the Illinois Central Railroad Company the right to lay a track on Iowa Street between First and Jones Streets. r Be it Ordained by the City Council of the City of Dubuque: Section 1. That permission, with the right of way, be and the same is hereby granted unto the Illinois Central Railroad Company to lay a track in Iowa Street between First Street and Jones Street, beginning at a point about the center of the intersection of First Street with Iowa Street and extending in a southerly direction along said Iowa Street to and ending at a point directly opposite the present terminus of the track on said Company's property immediately east of the freight de- pot of said company, the said terminus being about fifty feet north of the north line of Jones Street. Sec. 2. The city hereby reserves the right to at any time require said track removed by said company, and to revoke the right of way herein granted. Sec. 3. That this Ordinance shall be in force from and after its publication in the official paper of the city. Passed September 3o, 1897. Approved October 4, 1897• Published October 5, 1897. AN ORDINANCE granting to the Illinois Central Railroad Company the right to lay a sidetrack on the west side of Washington Street from a point one hundred feet north of Eighth Street to a point about fifty feet north of Tenth Street. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted to the Illinois Central Railroad Company, its succes- sors and assigns, to lay down, operate and maintain a sidetrack 366 SPECIAL, ORDINANCES on the westerly side of Washington Street in the City of Du- buque, from a point of intersection with the main railway track now maintained and operated on said street by said railway company about one hundred feet north of Eighth Street, to a poii)t about fifty feet north of Tenth Street. Sec. 2. That in the laying down and operation of said sidetrack, the same shall he so constructed and maintained as to create the least possible obstruction with the ordinary travel and use.of said street as a public highway; that cars shall not be allowed to stand at the intersection of said sidetrack with Ninth and Tenth Streets, that said Ninth and Tenth Streets, in- cluding the sidewalk on both sides shall be kept free and clear for travel at all times except when it may be necessary for cars to be switched across the same. Sec. 3. That said sidetrack hereby authorized, shall be laid to the established grade of the street, and should the grade be changed at any time, the said sidetrack shall be so changed as to conform fo such change of grade at the expense of the railway company, and the company shall have no claim for damage against the city by reason of said change. Sec. 4. That said railway company shall keep the space between the rails of said sidetrack, and to the ends of the ties so graded that carriages and other vehicles may easily pass over the same; that at the intersection of Ninth and Tenth Streets, and any other portion of said sidetrack, when required by the City Council, said railway company shall plank between the rails, and make suitable approaches to enable vehicles to easily cross the same. Sec. 5. That said sidetrack shall be so constructed and maintained as not to dam up or obstruct the flow and drainage of water in the gutters of the intersecting streets, or on the surface of the streets occupied by the same; and said railway company shall be subject to and strictly comply with all reason- able police regulations which the authorities of the city may establish in relation to the running of trains on said. track. Sec. 6. That any other railroad company operating in the City of Dubuque shall have the privilege of switching their own cars on and off said sidetrack. whenever they may desire to do so, with their own engines, upon the payment to said Illinois Central Railroad Company of such sum as may be fixed by the SPECIAL ORDINANCES 367 City Council now or hereafter; but not to exceed fifty cents per car and which sum so paid shall include the use of Wash- ington Street track and all tracks leading to or from the side track mentioned in this Ordinance. Sec. 7. That the City reserves the right to revoke the privi- leges hereby granted at any time after five years. Sec. 8. That this Ordinance shall take effect and be in force from and after its publication one time in the Dubuque Daily Telegraph newspaper. Passed November 18, 1897. Approved December 6, 1897. Dubuque, Dec. 1, 1897. On behalf of the Illinois Central Railroad Company I accept the Ordinance passed November 18, 1897, by your City Council, entitled an "Ordinance granting to the Illinois Central Railroad .Company, the right to lay a sidetrack on the west side of Washington Street, from a point one hundred feet north of Eighth Street to a point about fifty feet north of Tenth Street." F. B. Harriman, Superintendent. AN ORDINANCE granting to the Illinois Central Railroad Company the right to lay a continuation of its sidetrack, known.as track No. 4, in Washington Street from its present terminus to a point about 51 feet 6 inches south of the south line of Eleventh Street. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted to the Illinois Central Railroad Company, its suc- cessors and assigns to lay down; operate and maintain a con- tinuation of its sidetrack, know as track number four, in Wash- ington Street from the present terminus of said track to a point about 51 feet 6 inches south of the south line of Eleventh Street. 368 SPECIAL ORDINANCES Sec. 2. That the laying down of said continuation of said track number four shall be done under the supervision of the City Engineer and the Street Committee. Sec. 3. That in the laying down and operation of said continuation of said sidetrack, the same shall be so constructed and maintained as to create the least possible obstruction with the ordinary travel and use of said street as a public highway; that cars shall not be allowed to stand at the intersection of said continuation of said sidetrack with Tenth Street, that said Tenth Street, including the sidewalks on both sides thereof shall be kept free and clear for travel at all times except when it shall be ,necessary for cars to be switched across the same. Sec. 4. That the continuation of said sidetrack hereby authorized shall be laid to the established grade of the street and should the grade be changed at any time, the said sidetrack shall be so changed as to conform to such change of grade at the expense of the railroad company and the company shall have no claim for damages against 'the City by reason of said change. Sec. 5. That said railroad company shall keep the space between the rails of said continuation of said sidetrack, and to the ends of the ties so graded that carriages and other vehicles may easily pass over the same; that at the intersection of Tenth Street and any other portion of said continuation of said sidetrack when required by the City Council, said railway company shall plank between the rails, and make suitable ap- proaches to enable vehicles to easily cross the same. Sec. 6. That said continuation of said sidetrack shall be so constructed and maintained as not to darn up or obstruct the flow and drainage of water in the gutters of the intersecting streets, or on the surface of the street occupied by the same; and said railway company shall be subject to and strictly com- ply with all reasonable police regulations which the authori- ties of the city may establish in relation to the running ortrains on said track. Sec. 7. That any other railroad company operating in the City of Dubuque shall have the privilege of switching their own cars on and off said continuation of said sidetrack whenever they may desire to do so, with their own engines, upon the pay- ment to said Illinois Central Railroad Company of such sum as SPECIAL ORDINANCES 369 may be fixed by the City Council now or hereafter; but not to exceed fifty cents per car and which sum so paid shall include the use of said continuation of said sidetrack number four and all tracks leading to or from the said sidetrack and continuation thereof mentioned in this Ordinance. Sec. 8. The City reserves the right to revoke the privi- leges hereby granted at any time after five years from the date hereof. Sec. 9. That this Ordinance shall take effect and be in force from and after its publication one time in the Dubuque Daily Telegraph -Herald newspaper, and after notice in writing of the acceptance thereof, by the said Illinois Central Railroad Company. Passed November 8th, 1901. Approved November 9th, 1901. Accepted by Illinois Central R. R. Co. Published November 22nd, 1901. AN ORDINANMCE granting to the Illinois Central Railroad Company, its successors and assigns, the right of way for ,a railroad track, along the Levee, north of Railroad Ave- nue in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque ; Section 1. That authority is hereby granted to the Illinois Central Railroad Company to extend the railroad track it now has along the levee, north of Railroad Avenue, north, 180 feet, and to maintain, operate and use said track for general steam railroad purposes, in connection with its lines of railroad in this city, under the same terms and conditions as it now operates the track to which this extension is to be made. Sec. 2. This Ordinance to be in force and take effect from and after its adoption by the City Council and its publication one time in the Dubuque Telegraph -Herald, newspaper. Adopted June 7, 1906. Approved June 12, 1906. Published Jtine 14, 1906. 24 x•70 SP...CIAI, ORDINANCES AN ORDINANCE granting the Illinois Central Railroad•Com- pany the right to lay a track across Harrison Street in the City of Dubuque, Iowa, as shown by Colored Route on Plat hereto attached, marked Exhibit "A" and made a part of this Ordinance. Be it Ordained by the City Council of the City of Dubuque : Section i. That permission be and the same is hereby granted to the Illinois Central Railroad Company, its succes- sors and assigns, to lay down, operate and maintain a track in the City of Dubuque across Harrison Street as indicated by the colored route shown on the plat hereto attached -and marked Exhibit "A" and made a part of this Ordinance. Sec. 2. That in the laying down and operation of said track, the same shall be so constructed and maintained as to create the least possible obstruction with the ordinary travel and use of the street crossed by the same; that cars shall not be allowed to stand on said street and that the same shall be kept free for travel at all times except when it may be necessary for cars to be switched across the same. Sec.. 3, That said track hereby authorized shall be laid to the established grade of Harrison Street, and should the grade of said street be changed at any time, the said track shall be so changed as to conform to such change of grade at the ex- pense of the railroad company,, and the company shall have no claim for damages against the city by reason of said change. Sec. 4. That said railroad company shall keep the space between the rails of said track and the end of the ties so graded Haat carriages. and other vehicles may easily- pass over the same and that when required by the'City Council, said railroad com- pany shall plank between the rails, and make suitable approaches to enable vehicles to easily cross the same. Sec. 5. That said track shall be so constructed and main- tained as not to darn up or obstruct the flow of water in said street, and that said railroad company shall be subject to and strictly comply with all reasonable police regulations which the authorities of the City may establish in relation to the running of trains on said track. SPECIAL ORDINANCES 371 Sec. 6. This Ordinance to be in force and take effect from and after its passage by the City Council and its publication one time in the Dubuque Telegraph. -Herald, the official paper of the City. Adopted November 1, 1906. Approved November 3, 1906. Published November 3, 1906. AN ORDINANCE granting to the Illinois Central Railroad Company, its successors and 'assigns, the right to lay a Sidetrack commencing at a point on its Sidetrack now located on Cedar Street and Wall Street, across Wall Street, Cedar Street, and Pine Street, and along the Alley between Wall and Pine Streets, to a point connecting with the Chicago Great Western Railway Company's tracks in --Block Seventeen (.17), and regulating the construction, use and -maintenance thereof. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the sane is hereby granted to the Illinois Central Railroad Company, its successors and assigns, to lay down, operate and maintain a sidetrack, commencing at a point on its sidetrack now located on the west side of Cedar Street and on the south side of Wall Street, and west of its main line track,' thence northeasterly across Wall Street, Cedar Street, and Pine Street, and over, along, and across, the,alley running east and wcst'between Wall Street and Pine Street, to a point connecting said track with. the Chicago Great Western Railway Company's track in Block Seventeen (i7), in said. City, of Dubuque, as indicated by the colored, route shown on plat on file in, the office of the City Recorder of said City, a copy of which plat is hereto attached, marked Exhibit "A," and made a part of this Ordinance. Sec. 2. That the laying down- of said sidetrack shall be done under the supervision of the City Engineer and the Com- mittee on Streets of said City. Sec. 3. That in. the laying down and operation of said. sidetrack, the same shall be so constructed and maintained as to 372 SPECIAL, ORDINANCES create the least possible obstruction to the ordinary travel and use of the streets and alleys crossed or occupied by said side- track. That cars shall not be allowed to stand at intersections of streets or alleys, and said sidetrack shall at all times be used in accordance with all lawful regulations now or hereafter enacted by said City. Sec. 4. That said sidetrack shall be laid to the established grade of the streets and alleys on which it runs, and should the grade be changed at any time, the said sidetrack shall be so changed as to conform to such change of grade, at the expense of the said railroad company, without claim for damage against said City because of such change. Sec. 5. The said railroad company shall keep the space 1 between the rails of said sidetrack, and the space to the end of the ties, so graded that carriages may easily pass over the same, and at all intersections of streets, alleys, or at other places, it shall keep such spaces properly planked, macadamized, or paved, as the City Council of said City may deem necessary and direct, and it shall keep all approaches to said sidetrack, at traveled intersections with streets and alleys, in suitable condition to enable vehicles easily to cross the same. Sec. 6. Said sidetrack shall be so constructed and main- tained as not to dam up or obstruct the flow and drainage of water in the gutters of the streets and on the surface of streets and alleys intersecting or occupied by said sidetrack; that said railroad company shall be subject to and strictly comply with all reasonable police regulations which said City may establish in relation to the running .of trains on said track. Sec. 7. That the said Illinois Central Railroad Company shall switch the cars of all other railroad companies owning and operating railway lines in the City of Dubuque over said side- track, at a charge not to exceed fifty (5o) cents for each empty car, and not to exceed two (2) dollars per loaded car. Sec. 8. That the City of Dubuque reserves the right to revoke the privilege hereby granted at any time after five (5) years from the date hereof. Sec. 9. That this Ordinance shall take effect and be in force from and after its passage and publication one time in the Dubuque Telegraph -Herald and in the Tirnes-Journal, SPECIAL, ORDINANCES 373 official newspapers of said City, and after written acceptance thereof on the part of said Illinois Central Railroad Company, duly indorsed hereon. Adopted July 1, 1909. Approved July 14, 1909. Accepted July 14, 1909. Published July 20, 1909. AN ORDINANCE granting to the Illinois Central Railroad Company the use of a portion of Dodge Street, between South Main and Water Streets, in the City of Dubuque, for a terns of years, and regulating and controlling such grant. Be it Ordained by the City Council of the City of Dubuque Section 1. That permission be and the same is hereby granted the Illinois Central Railroad Company to erect, or cause to be erected, in Dodge Street, between South Main and Water Streets, in the City of Dubuque, a removable building, beginning at a point in the south line of Dodge Street, on a line with the easterly line of a building already erected by said Illinois Central Railroad Company, and known as a fruit shed, and extending northerly into Dodge Street from said southerly line thereof, and parallel with South Main Street, not to ex- ceed a distance of fourteen (14) feet from said southerly line of Dodge Street; thence westerly, parallel with the northerly line of said fruit shed, to the southerly line of Dodge Street. Sec. 2. That the privilege hereby granted is subject to the continuation of the use and occupation of said fruit shed, for the fruit of the United Itrttit Company, and in no event is this grant to endure for a longer term than twenty (20) years from the time this Ordinance becomes effective. It is expressly understood and agreed that no vested rights of any kind in or to any portion of Dodge Street, or to the use thereof, are hereby conferred, or will at any time be claimed either by said Illinois Central Railroad Company or said United Fruit Com- pany by reason of the grant herein made, and the permission and the enjoyment of the privilege hereby granted are subject 374. SPECIAL ORDINANCES at all times to any future action of the City Council of Dubuque relative to the removal or regulation of the building now au- thorized to be erected. Sec. 3. That said Illinois Central Railroad Company and said United Fruit Company shall agree, by accepting the terms hereof, to protct and hold harmless the said City of Dubuque from any claims or actions for damages, or otherwise, arising from the use and obstruction of said portion 'of Dodge Street herein referred to, and shall agree to defend any suit arising by reason thereof, and to pay any judgment that may be ren- dered against said City, or any other expense to which said City may be put, by reason of said use and obstruction. Sec. 4. *That this Ordinance shall take effect and be in force from and after its passage and publication one time in the Dubuque Telegraph -Herald and the Dubuque Times -Jour- nal, official newspapers of said City, and after written accept- ance thereof on the part of said Illinois Central Railroad Com- pany 'and the United Fruit Company, duly endorsed hereon. Adopted, September 2, 1909. Approved, September 14, 1909. Accepted, September 28, 1909. Published February 21, .1910. AN ORDINANCE amending an Ordinance entitled "An Or- dinance granting to the Illinois Central Railroad Company the use of a portion of Dodge Street, between South Main and Water Streets, in the City of Dubuque, for a term of years, and regulating and controlling such grant." Be it Ordained by the City Council of the City of Dubuque Section i.. That the Ordinance entitled "An Ordinance granting to the Illinois Central Railroad Company the Use of a portion of Dodge Street, between South Main and Water Streets, in the City of Dubuque, for a term of years, and regu- lating and controlling such grant," be amended by striking from Section 3 thereof the words "United Fruit Company," as found in said section. SPECIAL ORDINANCES 375 Section 2. That this Ordinance shall take effect and be in force from and after its passage, and publication One time in the Dubuque Telegraph -Herald and the Dubuque Times -Jour- nal, official newspapers of said City, and after written accept- ance thereof on the part of said Illinois Central Railroad Company duly endorsed hereon. Adopted, February 3, 191o. Approved, February 9, 191o. Accepted, February 17, 1910. Published February 21, 191o. AN ORDINANCE granting the Illinois Central Railroad Company the right to extend its Yard Track, known as Track Number Seven (7), located on the Levee and now terminating at Caanp Street, a distance of three hundred and twenty-four (324) feet northerly along said Levee from said present terminals, and across Camp Street, and regulating such grant. • Be it Ordained by the City Council of the City of Dubuque : Section 1. That to enable the Illinois Central Railroad Company to reach one of the large ice houses of the Thomas J. Mulgrew Company, permission be and the same is hereby granted to said Illinois Central Railroad Company, its suc- cessors and assigns, to extend its yard track known as Track No. 7, located on the Levee now terminating at Camp Street, a distance of three hundred•and twenty-four (324) feet norther- ly along said Levee from said present terminus, and across Camp Street, provided that the east rail of said extension track shall not extend over six inches onto said Levee and the public highway constituted by the same. Sec. 2. That the northerly end of said spur track shall at all times be held open so as to make possible an extension of said track at any time in the future, 'should extension be directed or authorized by the City Council of the City of Dubuque. 376 SPECIAL ORDINANCES Sec. 3. That the said Illinois Central Railroad Company shall as a condition of the grant now made to it, extend said track now authorized to be laid, or lay additional spurs there- from, at any time in the future, when ordered to do so by the City Council of said City of Dubuque, for the facility and convenience of other interests desiring to make use of said track, provided, that said railroad company be made safe as to the cost of such extension by the party desiring same made. Sc. 4. That the laying down of said spur track shall be done under the supervision of the City Engineer and the Com- mittee on Streets of said City. Sec. 5. That in the laying down and operation of said track the same shall be so constructed and maintained as to create the least possible obstruction to ordinary travel on and the use of the streets crossed. That cars shall not be allowed to stand on said street so crossed and used by said track in such manner as to unnecessarily interfere with the use thereof, and said track shall at all times be used in accordance with all law- ful regulations, now or hereafter enacted by said City. Sec. 6. That said spur track shall be laid to the established grade of the street crossed by it, or over which it runs, and should the grade of the street be changed at any time, said track shall be changed to conform to such grade, at the expense of said railway company without claim of any kind against said City. Sec. 7. That said railroad company shall keep the space between the rails of said spur track, and the space to the end of the ties at all places where said track crosses any street, so graded that carriages may easily pass over the same, and shall keep such spaces properly plankek, paved, macadamized, or otherwise improved, and shall keep any sidewalk crossing said track properly planked, or otherwise improved, as said City may direct. Sec. 8. That said spur track shall be so constructed and maintained as not to dam up or obstruct the flow and drainage of water in the gutters or on the surface of said street, and said railway company shall be subject to, and strictly comply with all reasonable police regulations bearing on the use and opera- tion of said track. SPECIAL ORDINANCES 377 Sec. 9. The City of Dubuque reserves the right to revoke the privilege hereby granted at any time after twenty (20) years from the time this Ordinance bcomes operative, or sooner in case the said ice house of the said Thomas J. Mulgrew Com- pany shall cease to be operative. A failure to comply with the provisions and conditions of this Ordinance, or any part there- of, on the part of the company, shall also be ground for imme- diate forfeiture of the privileges herein granted, and said track may in such event be ordered removed and taken up by the City Council of said City. Sec. to. This Ordinance shall be in force and effect from and after its passage by the City Council and its publication one time in the Dubuque Times -Journal and the Telegraph -Herald, official newspapers of the City, and its written acceptance duly endorsed hereon by the said Illinois Central Railroad Com- pany. Adopted, May 4, 1911. Approved, May 6, 1911. Accepted, May i 6, 1911. Published May 17, 1911, AN ORDINANCE granting to the Illinois Central Railroad Company a right of way for a Single Track over that part o f.Iowa Street lying between First Street and Jones Street and east of the 'easterly track now in place, making in all three tracks belonging to said Illinois Central Railroad Company east of the, Freight House, and receiving in exchange therefor an easement for all purposes over property belonging to said Illinois Central Railroad Com- pany. Be it Ordained by the City Council of the City of Dubuque : Section i. That in consideration of an easement over the property belonging to the Illinois Central Railroad Company, for all purposes, and for such other considerations as are here- inafter provided, said property being hereinafter described, the 378 SPECIAL ORDINANCES said Illinois Central Railroad Company is hereby granted the privilege to lay a single track upon that part •of Iowa 'Street between First Street and Jones Street, in the City of Dubuque, lying just east of the easterly track now in place, thereby making three tracks east of the freight house belonging to said railroad company. Sec. 2. The said Illinois Central Railroad Company •here- by grants to the City of Dubuque an easement for all purposes consistent with the. public use over the following described premises, to wit: Beginning at juncture of the alley and Jones Street, thence proceeding in an easterly direction 150 feet, thence north 59 feet, thence west' 6o feet, thence north 219 feet, thence west 25 feet, thence north 305 feet, thence in -a north- easterly direction 99 feet, thence in a westerly direction 40 feet•, thence in a southerly direction along the curb 25o feet, thence in a straight line 387 feet to the point of beginning. Sec. 3. That, in further consideration for the right of way hereby granted the said Illinois Central Railroad Company, said Company shall pave with granite blocks all that portion of the property above described over which the City gets an ease- ment which is not now so paved, and it shall be the duty of said company to place the present pavement in first-class condition. Sec. 4. It shall be the duty of said company to maintain the whole of the pavement upon the property above described in a first-class condition throughout the term covered by this Ordinance, and said pavement shall be repaired by said com- pany in compliance with the order at any time made by the City Council. Sec. 5. It shall be the duty of said company to remove the shanty, now in place, on Jones Street, near the alley first 'east of Main Street. Sec. 6. It shall be the duty of said company to remove the shanty standing on Jones Street near Iowa Street north, but the sante to remain on •the property covered by the easement given by the company to the City. Sec. 7. It shall be the duty of the company to remove the sidewalk on Jones Street south of the property covered by •the easement, and said company shall pave said space with granite block or brick on concrete foundation. SPECIAI, ORDINANCES 379 Sec. 8. That said company hereby agrees to maintain the whole of the pavement covered by the easement above described in a first-class condition during the term of this grant, and to -comply with the order of the City Council in making all necessary repairs. It being hereby expressly understood that in the event said company should refuse to maintain said pave- ment in a first-class condition, and refuse to obey the order of the City Council relating to repairs, then the City Council of the City of Dubuque shall have the right, without notice, to revoke •the grant hereby conferred to maintain its tracks along - the street above mentioned, and said company shall, when notified to do so by said City Council, immediately remove said track as herein authorized to he placed, and said company further agrees to waive any and all rights it might have, in law or equity, by reason of the action of the City Council in de- manding the removal of said track. Sec. 9. The said company is hereby granted the privilege to maintain its track upon the right of way hereby granted as long as the City shall have the right to use and occupy, for all purposes, the premises covered by the easement above described. Sec. io. The Illinois Central Railroad Company shall file with the City Recorder a writ of acceptance of the Ordinance within fifteen days after its passage by the Council; otherwise it shall become absolutely null and void. If this Ordinance shall be accepted by said company within the time herein specified, it shall thereupon be published in the official newspapers in the City of Dubuque, and shall take effect and be in force from and after its passage and such publication. Adopted, October 7, 1915. Approved, October 22, 1915. Accepted, October 2i, 1915. Published October 22, 1915. AN ORDINANCE authorizing and regulating the Dubuque Lumbermen and Manufacturers' Railroad in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission, with the right of way, be and is hereby granted unto the Dubuque Lumbermen. and Manufacturers' Railroad Company to construct and for the 380 SPECIAL ORDINANCES space of fifteen years to maintain a railroad track on and along the following streets and public places in this city, viz : From an intersection to be made with the Dunleith & Dubuque Bridge Company's track on Fourth Street, thence northerly along and up Jackson Street as far as Eighth Street, and from said Fourth Street along the old Levee up to Wash- ingtan Street, thence up and along Washington Street as far as Tenth Street; and said company is hereby empowered to connect the track thus to be laid by it with the places of 'busi- ness of such persons doing business along the line of the same as may desire it. Sec. 2. That only one track shall be laid on any one street, and that such track shall be made of such material and in such manner as will accommodate other railroad companies that may desire to pass over the same, and shall be laid on the cen- ter line, and. as near as may be to the present level of the streets over and along which it may pass, and that at all the points along the route, where the track shall be above or be- low such level, it shall be the ditty of the company to so grade the approaches to the track that the travel on the streets or alleys near where it shall run, shall not be unnecessarily incon- venienced or unreasonably annoyed; and that whenever the city Shall change the surface of the street to the present or other grade, the company shall raise or lower their track to suit such grade. Sec. 3. That every person, company and corporation shall have the right to pass its cars over the track hereby authorized to be built on equal terms without undue preference to any. Sec. 4. That the said Dubuque Lumbermen and Manu- facturers' Railroad Company shall have the right to demand and collect as compensation, for the use of said railroad track the sum of fifty cents for each and every car run upon or off their side' track, for the purpose of being loaded or unloaded, unless such car so run upon or off their said track it at the time wholly unloaded; but shall not at any time charge or re- ceive more than fifty cents without the consent and approval of the City Council of the City of Dubuque; Provided, Always that no charge shall be made for cars or locomotives run on or over said track for the sole purpose of making up a train. SPECIAL, ORDINANCES 381 Sec. 5. The City of Dubuque reserves the right to take up and remove the rails of said road whenever it shall be necessary for repair or improvement of the streets, or for laying water or gas pipes, or sewers, or for other public purposes, on the streets on which said rails may be laid ; and such repairs and improvements shall be made by the city without unnecessary delay, and the, track of said road shall be taken up and relaid by the Dubuque Lumbermen and Manufacturers' Railroad Company, at their said company's expense. Sec. 6. It shall be the duty of said railroad company to repair any and all,damage done to the streets, curbs, sidewalks, gutters, etc., by the construction and repair of their track along and over the streets as herein provided for ; and further, to pro- tect the City of Dubuque against all claims for damages arising from the construction or management of the railroad provided for hereby. Sec. 7. That the City Council shall have the right from time to time to make reasonable regulations in reference to the running of trains on said railroad, and the speed of the same, and all other police regulations that may be necessary and proper, and if said Dubuque Lumbermen and Manufacturers' Railroad Company shall, at any time, violate any material pro- vision contained in this Ordinance, or any material regulation made by said City Council, such violation shall work a com- plete forfeiture of all the rights, privileges, and powers hereby conferred upon said company. Sec. 8. That the Dubuque Lumbermen and Manufac- turers' Railroad Company be and is hereby authorized to assign, transfer and set over unto any other person, company or cor- poration all the rights, privileges, powers and benefits herein granted to, and _conferred upon said company, but the person, company or corporation receiving such assignment or transfer, shall be subject to the provisions of this Ordinance in the same manner as the Dubuque Lumbermen and Manufacturers' Rail- road Company. Sec. 9. That said railroad track herein authorized to be constructed, shall be complete and ready for use within three months after the adoption of this Ordinance. Sec. 1o. In case said Dubuque Lumbermen and Manu- facturers' Railroad Company accepts the rights, privileges and 382 SPECIAL 'ORDINANCES powers conferred by this, Ordinance, they shall, within sixty days after its adoption by the City Council, so notify the Mayor of siad City in writing, and from and after such notice this Ordinance, and all the terms and conditions therein contained, shall have the force and effect of a contract between said com- pany and the City of Dubuque. Sec. 1 t. This Ordinance shall not be so construed as to prevent the City Council *of the City of Dubuque from. grant ing to any other railroad company, whose road shall extend and be operated beyond the limits of the city, the right to build, maintain and operate railroad tracks on the same streets where the tracks of the Dubuque Lumbermen and Manufacturers' Railroad Company are located; and in case any other railroad company, whose road shall extend beyond the city limits, shall desire to appropriate and use the railroad of said Dubuque Lumbermen and Manufacturers' Railroad Company, for the ' purpose of a main track, they shall, have the right to do so upon paying to said. Dubuque Lumbermen and Manufacturers' Rail- road Company, or their assigns, whatever damages said com- pany or their assigns shall. sustain by reason of such appropria- tion, exclusive of the value, of the franchise granted by this Council and connected with that portion of said track so taken and appropriated. Adopted July IQ, 1869. - Chapter VI, Revised Ordinances. of 1901. AN ORDINANCE granting: to Ingrain, Kennedy & Day the right to lay a railroad track. Be it Ordained by the City Council of the City of Dubuque: Section 1. That permission. be, and is hereby granted to Ingram, Kennedy- & Day, their successors and- assigns, to lay down and operate a single- railway track on and along the following streets and alleys in this City : From an intersec- tion to be made with the Durtleith & Dubuque Bridge Com- pany's track at the east end of the bridge crossing Seventh Street slough; thence in a northeasterly direction. over and across Bell and Clark Streets, and over and across the alley be- tween Clark and Commercial Streets to a point near the corner of Commercial and Tower Streets. SPECIAL ORDINANCES 383, Sec. 2. That said Ingram, Kennedy & Day, their suc- cessors and assigns, whenever- required by the city authori- ties, shall, at their own cost and expense, so grade any street or alley, through or over which their track may be laid, and pave or plank the space between the rails and the ends of the ties, the- entire width of such street or alley, in such manner as will afford an easy passage for wagons and other vehicles. See. 3. That said Ingrani, Kennedy & Day be required to put the said track to any grade the City may establish. Sec. 4. The said Ingram, Kennedy & Day. shall strictly comply with all, reasonable police regulations which the authori- ties of said City may establish in relation to the running of trains on said track within the limits of said City. Sec. -That the above right of way can be revoked at pleasure of the City -Council. Sec. 6. That this Ordinance shall be in force from and after its passage and publication in the official papers of the city at the- expense of the said ingrain, Kennedy & Day. Passed April 3, 1878, Chapter XLIII., Revised Ordinances 1901. AN ORDINANCE granting to C. H. Booth and H. L. Stout the right of way for a railroad track over and along certain public property and highways in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque.: Section i. That permission be, and the same is hereby granted to Caleb H. Booth and Henry L. Stout, their successors, assigns, and legal representatives, to lay down and operate a single railway track from a convenient -point .on the Dunleith & Dubuque Bridge Company's track between Fourth and Fifth Streets; over and along the public property owned by the City, in. an easterly, direction. to and along the alley between Third and Fourth Streets, and along said. alley easterly- to the outer levee, as shown on the plat of Booth's Addition.. 384 SPECIAL ORDINANCES Sec. 2. That said franchise is given upon the express condition that the track so permitted to be laid and operated shall be put in at a grade to be approved by the City Council, • and is such a manner as not to obstruct, or in any way inter - fere with, the use of what is known as the "one hundred foot strip," lying east of the bridge company's track, by any line or lines of railway which the city may hereafter authorize to be laid thereon; and upon the further condition that the City of Dubuque shall have the right to impose any reasonable police regulations in connection with the use and operation of said track, and also to require said Booth & Stout, their assigns or legal representative, to plank, pave or macadamize between and adjacent to the rails of their said track, where it may cross said one hundred foot strip, or any street or alley which it may cross or occupy in Booth's Addition. Sec. 3. That in the construction of the track provided for herein, 'sufficient waterways shall be left, in the discretion and under the direction of the City, to allow the overflow of water where said track crosses the inner and outer sloughs. Sec. 4. The rights hereby conferred are to be accepted and acted upon, and said track laid and operated in accord- ance with the provision of this Ordinance, within the period of five years from the date of the passage of this Ordinance, and if not so laid and operated within the time aforesaid, all rights hereby, granted cease and determine. Passed January 8, 1883. Chapter XL,II. Revised Ordinances of 1901. AN ORDINANCE granting to the Dubuque & Minnesota Railway Company the right of way through the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: That in consideration of the performance of the conditions hereinafter specified, the right, authority and permission are hereby granted to the Dubuque & Minnesota Railway Com- pany to lay down a single track of its road from the point SPECIAL ORDINANCES 385 where, the north line of Sixth Street intersects the center line of Washington Street, at Station o, 25 1-2 feet; thence north 5 degrees 35 minutes east. Station i x 74 9-10 curve to left (intersection angle 10 degrees 14 minutes) to Station 5 x 16, thence north 4 degrees so minutes west. Station 12 x 68 curve to left (intersection angle 24 degrees 52 minutes) to Station 17 x 12, 75 being center of Pine and Eleventh Streets ; thence in the same curve to Station 18 x 28.5, thence north 29 degrees 45 minutes west, following the center of Pine Street to a point between Sixteenth and Seventeenth Streets. Station 35 x 38 curve to right (intersection angle 54 de- grees 16 minutes) to Station 44 x 7, 8 thence north 25 degrees 10 minutes east, across Couler Creek and running through the center of Peosta Street. Station 73 x 48, 5, curve to the left (intersection angle 7 degrees 3o minutes to Station 75 x 36, thence north 17 degrees 10 minutes east. Station 79 x 12, curve to the right (intersection angle 8 degrees 04 minutes to Station 83 x 15, 3 thence north 25 degrees 15 minutes east. Station 90 x 13, 4 curve to the left (intersection angle 6 degrees 24 minutes) to Station 93 x 33, 4 thence north 19 degrees east. Station 95 x 58, 3 curve to the right (intersection angle 6 degrees 02 minutes) to Station 98 x 59, 9 thence north 25 degrees 02 minutes east. Station 10o x 58, 9, curve to the right (intersection angle 12 degrees 20 minutes) to Station 104 x 70 thence north 36 degrees 5o minutes east. Station 106 x 19, 2 curve to the left (intersection angle 9 degrees .16 minutes) to Station 1o9 x 28, o8 thence north 27 degrees 45 minutes east. Station 116 x 52, 5, curve to the left (intersection angle 5 degrees) to �5> 586 SPECIAL, ORDINANCES Station 119 x 0, 2.5, thence north 22 degrees 40 minutes east. Station 131 x 18, 7, curve to the left (intersection angle 1.6 degrees 55 mintites) to Station 136 x 82, 6, thence north 5 degrees 45 minutes east. Station 143 x 47, curve to the left (intersection angle 35 degrees 31 minutes) to Station 149 x 39, thence north 3o degrees 05 minutes west. Station 152 x 89, curve:to the left (intersection angle 10 degrees 5o minutes) to Station 154 x 69, thence north 4o degrees 35 minutes west. Station 164 x 63, curve to the left (intersection angle 5 de- grees 02 minutes) to Station 169 x 495, thence north 45 degrees 55 minutes west. Station 171 x 70, curve to the left, Onter-section angle 4 degrees 01 minute) to Station 173 x 70, thence north 49 degrees 15 minutes west. Station 178 x o5, curve to the left (intersection angle 9 de- grees 28 minutes) to Station 179 x94, thence north 58 degrees 45 minutes west, crossing the northern boundrary of the City of Dubuque at Sta- tion 181 x 16, 5, and forever thereafter maintain and use the same for passage of locomotives, =cars and 'trains of cars, upon the ,following conditions, to be performed by said company, viz : First—Said company, whenever required by the City authorities, shall, at its own proper costs, so grade any street or -alley through or over which their track may be laid, '(south of Eagle Point on the south line of mineral lot 305a) so as to afford an easy passage for carriages, and other vehicles on either side of said, track, and shall keep said track properly bal- lasted, and the space between the rails and to the end of the ties so graded that carriages and other vehicles 'lay easily pass over the same. Second—That on each side of each street or alley, at the place where 'said track crosses -the same, said company shall construct and maintain suitable culverts and drains `that admit SPECIAL, ORDINANCES 387 the free passage of all water that may flow down such street or alley. Third—That at the place where said track shall cross any street or alley, said company shall, whenever directed by the City authorities so to do, at its own proper cost, grade such street or alley to a level with such track, and pave or plank the space between the rails the entire width of such street or alley in such manner, as will afford an easy passage for wagons or other vehicles. Fourth—That said company shall strictly comply with all reasonable police regulations which the authorities of said City may establish in relation to the running of cars on said track within the City limits. - This Ordinance shall be, in force from and after notice in writing of the acceptance by said company of the provisions thereof given by said company to the Mayor of the City, and the. publication of said Ordinance in the Dubuque Daily Times, at the .expense of the said railroad company. Passed October 31, 187o. Chapter XXV. Revised ,Ordinances of 1901. AN- ORDINANCE granting to the Dubuque, Bellevue &•Mis- sissippi Railroad Company, and to the Dubuque & Min- nesota Railway Company the right of way through the ,City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: That in consideration of the performance of the conditions hereinafter specified the right, authority and permission are hereby granted to the Dubuque, Bellevue & Mississippi Rail- way Company, their successors and assigns, and to the Du- buque & 'Minnesota Railway Company, their successors and assigns, to lay down a single track of railway from .the point where the center line of Pine Street intersects the center line :of Eleventh Street in said City, thence along the center line of Pine Street ih an easterly direction to the west line of the old canal, thence southerly along the west line of the old canal to 388 SPECIAL, ORDINANCES the north line of Seventh Street; thence along the old levee to the north line of Sixth Street; thence along the old levee on the west side of the track of the Dunleith & Dubuque Bridge Company to the north line of First Street; thence over and across First Street to the point where the center line of the alley between Main and Iowa Streets intersects the south line of First Street; thence along the alley between Main and Iowa Streets in a southerly direction to the south line of Railroad Avenue; and thence along or over any street, alley or public ground to the southern boundary of the City, and forever there- after maintain and use the same for the passage of locomotives, cars, and trains of cars, upon the following conditions to be performed by said companies, viz : First—Said companies, whenever required by the City au- thorities, shall fill and raise to high water nark the streets, alleys and highways, along or over which either of them may lay such track, and so grade the same as to . afford an easy passage for carriages and other vehicles on either side of such track, and shall keep said track properly ballasted, and the space between the rails and to the end of the ties so graded that carriages and other vehicles may easily pass over the same. Second—That on each side of each street or alley at the place where said track crosses the same, the company which may lay down or use the same, shall construct and maintain suitable culverts and drains, that will admit the free passage of all water that may flow down such street or alley. And at the place where said track may cross Second Street, a culvert of not less than eighty-six feet in width, and of suf- ficient height to permit an easy passage of teams and wagons under said track. • Third—That at the place where said track may cross any street or alley, and along the levee where such track May be laid, the company which may lay down or use such track shall', whenever directed by the City authorities so to do, at its own cost and expense, grade such street, alley or levee to a level with such track, and pave dr plank the space between the rails the entire width of such street or alley, in such manner as will afford an easy passage for wagons and other vehicles. SPECIAL ORDINANCES 389 Fourth—That said companies shall strictly comply with all reasonable police regulations which the authorities of said City' may establish in relation to the running of trains on said track within the limits of said City. Fifth—That this Ordinance shall be in force from and after notice in writing of the acceptance by said companies of the provisions hereof, given by said companies to the Mayor of the City, and the publication of this Ordinance in the Dubuque Daily Times at the expense of said companies. Passed February 2, 1871. Chapter XXV. Revised Ordinances of 1901. AN ORDINANCE granting to the Chicago, Milwaukee & St. Paul Railway Company the right of way through and upon certain streets in the City of Dubuque. Whereas, The Chicago, Milwaukee & St. Paul Railway Company, as the successors of the Chicago, Clinton, Dubuque and Minnesota Railway and other railway companies, requires greater trackage and increased facilities for transacting its business within the City of Dubuque, therefore, in order to grant such required facilities to said company, Be it Ordained by the City Council of the City of Dubuque : Section i. That all the rights and privileges hereto- fore granted by this City under an Ordinance adopted Feb- ruary 2, 1871, entitled "An Ordinance granting to the Du- buque, Bellevue & Mississippi Railway Company the right of way through the City of Dubuque," and all other rights and privileges heretofore granted by this city to any company or companies which have succeded either or all of the com- panies named in said Ordinances in the ownership of their respective railroads, are hereby fully ratified, confirmed and re -assured to said Chicago, Milwaukee & St. Paul Railway Company, which is hereby recognized as the successor in owner- ship, and as being entitled to all the rights and privileges here- tofore granted by this City to any of said companies. 390 SPECIAL ORDINANCES Sec. 2. That, in consideration of the conditions herein- after mentioned, the right, authority and permission are hereby given and granted to the said Chicago, Milwaukee & St. Paul Railway Company to lay down and construct one of more rail- way tracks, as may be necessary, over, across, and along the following streets and alleys in said City, to -wit : All streets, alleys or other places over which the right to lay down a rail- way track was granted by said Ordinance adopted February 2, 1871, to the said Dubuque, Bellevue & Mississippi Railway Company and the Dubuque & Minnesota Railway Company, and by said Ordinance adopted October 31, 1870, to the said Dubuque & Minnesota Railway Company, also the right of way over and across such parts of White Street and Fourth Street as may be necessary to make proper tracks and switches to and over the property of said company granted herein, on lots No. 304 and 747 in said City; also the right to use a part of Front Street lying east of said lot 747, upon which to con- struct a depot and proper approaches thereto, resting partly upon said last named lot and said Front Street, as may be located by said company, that part of Front Street upon which said depot may he built as aforesaid being as follows, to -wit : All that part of Front Street lying between Third and Fourth Streets and extending easterly from the easterly line of lot 747 to a line drawn within twenty-one feet of the center line and parallel with the present main line of the Chicago, Milwaukee & St. Paul Railway, and more particularly designated by refer- ence to the map on file in the office of the City Engineer as that part of Front Street within yellow line marked "Proposed Freight Depot, 270 by 50," and showing the proposed location of said depot. The said Chicago, Milwaukee & St. Paul Rail- way Company to have and use all the above granted rights and privileges to itself, its assigns and successors for the purpose herein declared forever. Sec. 3. Said Chicago, Milwaukee & St. Paul Railway Company shall, whenever required by the City authorities so to do, fill and raise to high water mark the streets, alleys and highways along or over which they may lay such track or tracks, and so grade the same as to afford an easy passage for wagons and other vehicles on either side of the same, and shall keep such track or tracks properly ballasted and the space between the rails and to the ends of the ties so graded that all, vehicles may easily pass thereover, and shall plank the space SPECIAL, ORDINANCES 39?' between the rails on the streets aforesaid when required by said City so to. do. Sec. 4. That on both sides of each street or alley, at the place where any track may cross the same, said company shall construct and maintain suitable culvert drains to admit the free passage of all water that may flow down such street or alley. Sec. 5. That at the crossing of any street, alley or levee by any track, said company shall, whenever directed by the City authorities so to do, at its own expense, grade such street, alley or levee to a level with such track, and pave or plank the space between the rails, the entire width of such street, alley or crossing in such manner as will afford easy passage for all vehicles. Sec. 6. That said company shall strictly comply with all reasonable police regulations which the authorities of said City may establish in relation to the running of trains upon its tracks, or for the protection of life and property within said City limits. Passed March 23, 1881. Chapter XX'VI. Revised Ordinances of 1901. AN ORDINANCE vacating the sidewalk on the east side of White Street from Fourth to Sixth Streets and dedicating the premises included therein to general highway pur- poses, in connection with buildings to be erected by the Chicago, Milwaukee & St. Paul Railway Company. Whereas, The Chicago, Milwaukee & St. Paul Railway Company is the owner of the property abutting on the east side of White Street from Fourth to Sixth Streets, in this City, and the east end of Fifth Street has been vacated for the ,use of said company ; and Whereas, said company is about to erect buildings on a portion of said premises, so that the west wall of said buildings will be along the east line of the sidewalk ; and, 392 SPECIAL, ORDINANCES Whereas, To make proper use of such buildings, it is necessary that the sidewalk should be used for teaming and general highway purposes ; and, Whereas, before incurring the expense of erecting such buildings as aforesaid, said company desires to, be assured in the right of itself and the public generally so to use said side- walk ; therefore, Be it Ordained by the City Council of the City of Dubuque : Section I. That that portion of White Street along the east side thereof now set apart for sidewalk purposes, extend- ing from the south line of Sixth Street to the north line of Fourth Street, be and the same is hereby vacated so far as its uses for sidewalk purposes are concerned, and is hereby, and so long as said railway company, or its assigns, shall main- tain its buildings as aforesaid, designated and set apart for gen- eral highway purposes, and said company and its assigns are hereby empowered, and by acting on the permission hereby 'given, shall he considered obligated to macadamize, pave or otherwise improve and maintain that portion of said 'street included in the sidewalk hereby vacated, in a fit and proper condition for teaming purposes, tinder the direction of said City, and said company and the public generally are hereby authorized and empowered .to use the same to stand thereon any team and wagon, or teams and wagons, while engaged loading into or from said company's building, or engaged hauling to or from the satire, and to pass to or from the same, and all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Sec. 2. The Chicago, Milwaukee & St. Paul Railway Company, its successors and assigns, in consideration of the vacation of said sidewalk, hereby obligates itself, whenever re- quired by ,said city, to construct and maintain at its own ex- pense, suitable drains, sewers and culverts for public drainage, over and across the sidewalk aforesaid and premises adjacent thereto; and also along Sixth Street abutting upon said prem- ises and vacated street on the north, the same to be constructed at such places and in such manner as said city may direct. Passed September 5, 188I. Chapter XXVII. Revised Ordinances of 1901. SPECIAL, ORDINANCES 393 AN ORDINANCE granting to the Chicago, Milwaukee & St. Paul Railway Company the right to construct and main- tain a side track over and across Twelfth Street in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque : Section i.. That the right of way over and across Twelfth Street in said City, necessary for the Chicago, Milwaukee & St. Paul Railway Company to maintain and operate a side track from its tracks west and south of Twelfth Street to the A. Y. McDonald & Morrison Mfg. Company on the north side of Twelfth Street from Pine to Sycamore Streets, be and is hereby granted to said railway company. Sec. 2. That the said railway company in the use of said right of way herein granted shall conform to the grades of the said City as now or may be hereafter established by said City, and provided further, that the said railway company shall in all cases of claims for damages made by private property owners and holders on said street used and occupied by said company, protect and save the city from damages therefor by reason of this Ordinance. Sec. 3. _ That all other railroads owning or operating lines or tracks,in the City of Dubuque shall, on the payment, of S2 on each car, to the Chicago, Milwaukee & St. Paul Railway Company, have the privilege of switching cars on above named side track belonging to the Chicago, Milwaukee & St. Paul Railway Company. Adopted October 7, 1895. Approved. AN ORDINANCE granting the Chicago, Milwaukee & St. Paul Railway Company the right to forever maintain, use and operate the railroad track it now has on Nine- teenth Street from Sycamore to Linn Streets, and also the railroad storage track it now has on the north side of its main track across Middle, Fengler, Ann, Dock, Reed and First Avevaues, Be it Ordained by the City Council of the City of Dubuque : Section t. That authority is hereby granted to the Chi- cago, Milwaukee & St. Paul Railway Company to forever main- 394 • SPECPAL ORDINANCES tain, use and operate the railroad track it now has on Nine- teenth Street from Sycomore to Linn Streets, Railroad Addi- tion, and also the railroad storage track it now has on the north side of its main track, across Middle, Fengler, Ann, Dock, Reed and First Avenues, running through Fengler's Addition, Jaeger's Sub -division and McCraney's First Addition, all in the City of Dubuque, Iowa. Provided, nothing herein con- tained shall be construed as a right to obstruct any of the streets now open, or that may hereafter be opened, crossing the afofe- said tracks. Sec. 2. This Ordinance to be in force and take effect from and after its passage by the City Council and its publication one time in the Dubuque Telegraph -Herald. Adopted August a, 1906. Approved. AN ORDINANCE granting to the Chicago, Milwaukee & St. Paul Railway Company permission to construct, maintain and operate a side-track southerly across Third. Street from a point on the main line of said Company opposite the north curb line of said street, in the City of Dubuque, and regulating the construction, use and maintenance thereof. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted to the Chicago, Milwaukee & St. Paul Railway Com- pany, its successors and assigns, to lay clown, operate and main- tain a sidetrack in the City of, Dubuque, commencing at a point on the main track of said Company opposite the north curb line of Third Street, thence running southerly and across said Third Street, at a slight curve westerly, for the purpose of extending said track to connect with the property now owned by Armour & Company south of said Third Street, on Out Lot 475. Sec. 2. _ That the laying down of said sidetrack shall be done under the supervision of the City Engineer and the Com- mittee on Streets of said City. SPECIAL ORDINANCES 395 Sec. 3. That in the laying down and operation of said sidetrack, the same shall be so constructed and maintained as to create the least possible obstruction to ordinary travel and the use of the street crossed. That cars shall not be allowed to stand on said street, and said track shall at all times be used in accordance with all lawful regulations now or hereafter enacted by said' City. Sec. 4. That said sidetrack shall be laid to the established grade of the street on which it runs, and should the grade be changed at any time, said track shall be changed to conform to such. change at the expense of said company, without any claim against said City. • Sec. 5. That said company shall keep the space between the rails of said sidetrack and the space to the end of the ties so graded that carriages may easily pass over the same, and shall keep such spaces properly planked, paved or macadamized, or otherwise improved, as the City Council may direct, and shall keep any sidewalk crossing said tracks properly planked, or lay such new walks, as the City Council may direct. Sec. 6. That said sidetrack shall be so constructed and maintained as not to dam up or obstruct the flow and drainage of water in the gutters or on the surface of said street and said Railway Company shall.be subject to and strictly comply with all reasonable police regulations hearing on the Use and opera- tion of said track. Sec. 7. The City of Dubuque hereby reserves the right to . revoke the privilege hereby granted at any time after twenty (20) years from the time this Ordinance becomes operative, or sooner, in case the said Armour & Company fail to continue • the operation of the plant with which said sidetrack continued is to connect. Sec. 8. That this Ordinance shall take.. effect and be in force from and after its passage and publication one time in the Dubuque Telegraph -Herald and the Dubuque Times -Journal, official newspapers of said City, and written acceptance thereof on the part of said Chicago, Milwaukee & St. Paul Railway Company, duly endorsed hereon. Adopted September 2, 1909. Approved September 4, 1909. Accepted September 4, 1909. Published September 9, 1909. 396 SPECIAL, ORDINANCES AN ORDINANCE granting to the Chicago, Milwaukee & St. Paul Railway' Company and to the Illinois Central Rail- road Company, respectively, and to their successors and assigns, permission to change the location of and extend the side track of the Chicago, Milwaukee and St. Paul Railway Company on the west side of Jackson Street be- tween Sixth and Eighth Streets, and across Seventh Street, in the City of Dubuque',• to connect same with the side track of the Illinois Central Railroad Company in Jackson Street; to own and operate jointly a part thereof as re- located, and regulating the construction, use and main- tenance of said tracks. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the side track of .the Chicago, Milwaukee and St. Paul Railway Company extending along the west side of Jackson Street between Sixth and Eighth Streets, in the City of Dubuque, Iowa, which said track as now located was laid about the year 1883, may be changed, relocated and ex- tended as hereinafter set forth. Sec. 2. The said track when changed shall be so laid and extended that from the southerly line of Eighth Street to the northerly line of Seventh Streit it shall extend along Jackson ,Street with its westerly rail approximately eleven feet from the lot line on the westerly side of said Jackson Street, and said part of said track shall, be laid, ttsed and maintained jointly by the Chicago, Milwaukee and St. Paul Railway Company and by the Illinois Central Railroad Company. From said point in Jackson Street, where said track reaches the northerly line of Seventh Street, said track shall extend across Seventh Street and southerly on Jackson Street in such direction as" to ween the present side track of said Chicago, Milwaukee and St. Paul Railway Company at a point about fifty feet southerly from and southerly on Jackson Street in such direction as to meet is to be laid, used and maintained by the Chicago, Milwaukee and St. Paul Railway Company. At or about the aforesaid point where the track crosses the northerly line of Seventh Street, a connection shall be made with the present spttr or cross over track recntly laid by the Illinois Central Railroad Com- pany so as to connect said track with the side track of the Illinois Central Railroad Company extending along the center of said Jackson Street, and said cross over track is to be used SPBCIAL ORDINANCES 397 and maintained jointly by said Illinois Central Railroad Com- pany and said Chicago, Milwaukee and St. Paul Railway Com- pany. / Sec,. 3. That permission be and the same is hereby granted to said hicago, Milwaukee and St. Paul Railway Company and to said Illinois Central Railroad Company, respectively, and to their respective successors and assigns to relocate, change, extend, connect, lay, use and maintain said side and cross over tracks at the location and with the respective owner- ships as hereinbefore set out. Sec. 4. That' the laying down of said tracks shall be done under the supervision of the City Engineer and the Committee on Streets of said City. Sec. 5. That in the laying clown and operation of said tracks the same shall be so constructed and maintained as to create the least possible obstruction to ordinary travel on, and to the use of, the streets used. That cars shall not be allowed to stand on streets intersecting said side tracks, and said tracks shall at all times be used in accordance with all lawful police regulations now or hereafter enacted by said City. Sec._ 6. That said tracks shall be laid to the established grade of the streets on which the same are situated, and should the grade be changed at any time, said tracks shall be changed to conform thereto, at the expense of the respective companies, and without claim for damages against the said City. Sec. 7. That said companies shall keep the space between the rails of the respective tracks in which they are interested and the space to the ends of the ties, where said tracks cross Seventh Street, so graded that carriages may easily pass over the same, and shall keep said spaces properly planked, paved, macadamized, or otherwise improved, as may be required by said City, and shall keep any sidewalk crossing said tracks properly planked, or otherwise improved, as said City may direct. Sec. 8. That said tracks shall be so constructed and main- tained as not to dam up or obstruct the flow and drainage of water in the gutters or on the surface of the streets. Sec. 9. The City of Dubuque hereby reserves the right to revoke the privilege hereby granted at any time after twenty 398 (20) years from the time this Ordinance -becomes operative, and a failure to comply with the provisions and restrictions of this Ordinance, or any part thereof, on the part of said com- panies, or either of them, their respective successors or assigns, shall be ground for immediately forfeiture of the privileges herein granted, and said tracks shall be then removed and taken up on the order of the City Council of said City. Sec. 1o. The said companies shall allow all other railway companies owning and operating lines in the City of Dubuque to switch and "place" on said tracks cars •coming thereto over said joint cross over track, at a charge of fifty cents for each car. SPECIAL, ORDINANCES Sec. 1I. That this Ordinance shall take effect and be in force from and after its passage and its publication one time in the Dubuque Telegraph -Herald and the Dubuque Times - journal, official newspapers of said City, and written accept- ance thereof on the part of said companies herein named, duly • endorsed hereon. Adopted December 21, 1909. Approv:id December 22, 1909. Accepted December 23, 1909. Published ,December 27, 1909. AN ORDINANCE granting to the Chicago, Milwaukee & St. Paul Railway Company permission to construct, maintain •and operate a spur -track across the alley extending from Seventeenth Street to Eighteenth Street, between Pine and Maple Streets; across Eighteenth Street and the inter- section of Eighteenth Street and Maple Street; across •the alley between lots 305 and 366 in East Dubuque Addition; •across Eighteenth Street and the intersection of Eighteenth and Cedar Streets, and across Seventeenth Street at the location shown by plat on file with the City Recorder, and regulating the construction, use and maintenance thereof. Be it Ordained by the City Council of the City of Dubuque : Section 1. That to enable the Chicago, Milwaukee & St. Paul Railway Company to reach the plant of the Dubuque Packing Company, and other industries, with a spur track SPECIAL ORDINANCES 399 which proposed, track is to commence at a point on the most easterly present track of said company on lot 24.3 in East Du- buque, an Addition to the City of Dubuque, and extend to the plant of the Dubuque Packing Company, situated on lot 377 and other lots in said East Dubuque Addition, permission be and the same is hereby granted to the said Chicago, Milwaukee & St. Paul Railway Company, its successors and assigns, to lay down, •operate and maintain a spur track in the City of Du- buque across the following streets and alleys, viz : Across the alley extending from Seventeenth Street to Eighteenth Street, between Pine and Maple Streets; across Eighteenth Street and theintersection of Eighteenth and Maple Streets; across the alley between Lots 305 and 366 in said East Dubuque Addition ; across Eighteenth Street and the intersection of Eighteenth and Cedar Streets; and across Seventeenth Street; said track to be laid across said street and alleys at the location as shown by the red line on the blueprint submitted by said railway company and marked "Proposed Spur to Serve the Dubuque Packing Co., Dubuque, Iowa," which :plat is hereby referred to and made a part of this Ordinance. Sec. 2. That the southerly end of said spur track shall at all times be held open :so as to make ,possible an extension of said trackat any time in the future, should extension be direct- ed or .authorized by the City Council of the City of Dubuque. Sec. 3. That the said 'Chicago, Milwaukee & St. Paul Railway Company shall, as a 'condition of the grant now made to it, extend said track now- authorized to be laid, or lay addi- tional spurs therefrom, at any time in the future, when ordered to do so by the City Council of said City of Dubuque, for the facility and convenience of other interests desiring to make use of said track, provided, that said railway company ,be made safe as to the cost of such extension by the party desiring sane made. Sec. 4. That the laying down -of said spur track shall 'be done under the supervision of the City Engineer and the Com- mittee on Streets of said City. Sec. 5. That in the laying down and operation of said track the sane shall be so constructed and maintained as to create the least possible obstruction to ordinary travel on and the use of the streets and alleys crossed. That cars shall not 400 SPECIAL ORDINANCES be allowed to stand on said streets and alleys so crossed, and used by said track in such manner as to unnecessarily interfere with the use thereof, and said track shall at all times be used in accordance with all lawful regulations, now or hereafter enacted by said City. Sec. 6. That said spurtrack shall be laid to the established grade of the streets and alleys crossed by it, or over which it runs, and should the. grade of any street be changed at any time, said track shall be changed to conform to such grade, at the expense of the said railway company, without claim of any kind against said City. • Sec. 7. That said Railway Company shall keep the space. between the rails of said spur track, and the space to the end of the ties at all places where said track crosses any street or alley, so graded that carriages may easily pass over the same, and shall keep such spaces properly planked, paved, macadam- ized, or otherwise improved, as the City Council of said City may direct, and shall keep any sidewalk crossing said track properly planked, or otherwise improved, as' said City may direct. Sec. 8. That said slur track shall be so constructed and maintained as not to dam up or obstruct the flow and drainage of water in the gutters or on the surface of said streets and alleys, and said Railway Company shall be subject to, and strictly comply with all rea3onable police regulations bearing on the use and operation of said track. Sec. 9. The City of Dubuque reserves the right to revoke the privilege hereby granted at any time after twenty (20) years from the time this Ordinance becomes operative, or sooner incase the said plant of the Dubuque Packing Company, with which it is to connect, shall cease to be operative. A fail- ure to comply with the provisions and conditions of this Or dinance, or any part thereof, on the part of' the company, shall also be grounds for immediate forfeiture of the priviliges here- in granted, and said track may in such event be ordered removed and taken up by the City Council of said City. Sec. io. That the said Chicago, Milwaukee & St. Paul Railway Company shall, as a condition hereof, switch and "place" to any industry now or hereafter located on said spur SPECIAL, 'ORDINANCES 401 track the cars of any other railway or railroad company, own- ing and operating lines in the' City of Dubuque, when requested so to do, at a charge of not to exceed Two ($2.00) dollars for each car switched or "placed." Sec. r I. This Ordinance shall be in force and effect from and after its passage by the City Council and its publication one time in the Dubuque Times -Journal and the Telegraph - Herald, official newspapers of the City and its written accept- ance duly endorsed herein by the said Chicago, Milwaukee & St. Paul Railway Company. Adopted May 23, 1910. Approved May 27, 1910. Accepted May 27, 1910. AN ORDINANCE granting to the Chicago, Milwaukee & St. Paul Railway Company permission to construct, maintain and operate a Spur Track from a point on the southerly line of Twelfth Street about one hundred feet easterly from Pine Street, thence running in a northerly direction across Twelfth Street curving slightly easterly, and regu- lating the construction, use and maintenance thereof. Be it Ordained by the City Council of the City of Dubuque : Section I. That permission be and the same is hereby granted to the Chicago, Milwaukee & St. Paul Railway Com- pany, its successors and assigns, to lay, operate and maintain a spur track from a point on the southerly line of Twelfth Street about one hundred feet easterly from Pine Street, thence running in a northerly direction across Twelfth Street, curving slightly easterly for the purpose of running an additional spur track branching off from the present track of said company, at a point south of Twelfth Street and extending into the manu- facturing plant of the A. Y. McDonald Manufacturing Com- pany lying northerly of said Twelfth Street. Sec. 2. That the laying down of said spur track shall be done under the supervision of the City Engineer and the Com- mittee on Streets of said City. Sec: 3. That in the laying down and operation of said spur track the same shall be so constructed and maintained as 26 4o to create the least possible obstruction to ordinary travel and the use of the street crossed. That cars shall not be'allowed to stand in said street in such manner as to unnecessarily interfere with the use thereof, and said track shall at all times be used in accordance with all lawful regulations now or hereafter enacted by said City. SPECIAL, ORDINANCES Sec. 4. That said spur track shall be laid to the established grade of the street on the street which it crosses and should the grade he changed at any time said track shall be changed to conform with such change in grade at the expense of said Com- pany without any claim against said City. Sec. 5. That said Company shall keep the space between the rails of said spur track and the space at the end of the ties so graded, that carriages may easily pass over the same and shall keep such spaces properly planked, paved or macadamized or otherwise improved as the City Council may direct, and shall keep any sidewalk crossing said tracks properly planked or otherwise improved as said City may direct. Sec. 6. That said spur track shall be so constructed and maintained as not to darn up or obstruct the flow or drainage of water in the gutters or on the surface of said street, and said railway company shall he subject to and strictly comply with all reasonable police regulations bearing on the use and opera- tion of said track. Sec. 7. The City of Dubuque hereby, reserves the right to revoke the privilege hereby granted at any time after twenty years from the time this Ordinance becomes operative, or sooner in case the said A. Y. McDonald Manufacturing Com- pany fails to continue the operation of the plant which said spur track continued is to connect. Sec. 8. That this Ordinance shall take effect and be in force from and after its passage and publication one time in the Dubuque Telegraph -Herald_ and Dubuque Times -Journal, official newspapers of said City, and written acceptance thereof on the part of said Chicago, Milwaukee & -St. Paul Railway Company. Adopted November 21, 1912, Approved December 4, 1912. Accepted December 3, 1912. Published December 5, 1912. SPECIAL, ORDINANCES 403 AN ORDINANCE granting to the Chicago, Milwaukee & St. Paul Railway Company permission to construct, maintain and operate a Sidetrack on the southeasterly side of its present main track and substantially parallel therewith across Ninth Avenue in the City of .Dubuque, and regu- lating the construction, use and maintenance thereof. Be it Ordained by the City Council of the City of Dubuque : Section i. That permission be and the same is hereby granted to the Chicago, Milwaukee & St. Paul Railway Com- pany, its successors and assigns, to lay, operate and maintain a side track on the southeasterly side of its present main track and substantially parallel therewith, across Ninth Avenue in the City of Dubuque, for the purpose of extending the length of its present side track leading to the Eagle Point Pumping Station and affording trackage facilities to the lumber yard and plant of the Dubuque Lumber & Coal Company. Sec. 2. That the laying clown of said side track shall be done under the supervision of the City Engineer and Com- mittee on Streets of said City. Sec. 3. That in the laying down and operation of said track the same shall be so constructed and maintained as to create the least possible obstruction to ordinary travel and the use of the street crossed. That cars shall not he allowed to stand on the side track in such manner as to unnecessarily in= terfere with the use thereof, and said track shall at all times be used in accordance with all lawful regulations now or here- tofore enacted by said City. Sec. 4. That said side track shall be laid to the established grade of the street on which it runs and should the grade be changed at any time said track shall he changed to conform with such change in grade at the expense of said Company without any claim against said City. Sec. 5. That said Company shall keep the space between the rails of said side track and space at the end of the ties so graded that carriages may easily pass over the same and shall keep such spaces properly planked, paved or macadamized or otherwise improved as the City Council may direct, and shall keep any sidewalk crossing said track properly planked or other- wise improved as said City may direct. 404 SPECIAL ORDINANCES Sec. 6. That said side track shall be so constructed and maintained as not to dam up or obstruct the flow or drainage of water in. the gutters or on the surface of said street, and shall be subject to and strictly comply with all reasonable police reg- ulations bearing on the use and operation of said track. Sec. 7. The City of Dubuque hereby reserves the right to revoke the privilege hereby granted any time after twenty years from the time this Ordinance becomes operative, or sooner in case said track shall not be needed for commercial purposes. Sec. 8. That this Ordinance shall take effect and be in force from and after its passage and publication one time in the Dubuque Telegraph -Herald and the Dubuque Times - Journal, official newspapers of said City, and written accept- ance thereof on the part of said Chicago, Milwaukee & St. Paul Railway Company duly endorsed hereon. Adopted December 5, 1912. Approved December 9, 1912. Accepted December 6, 1912. Published December 1o, 1912. SPECIAL ORDINANCES TITLE XXV. MISCELLANEOUS SPECIAL ORDINANCES. 405 AN ORDINANCE authorizing The Knapp; Stout & Co. Company to fill 'and occupy certain streets in the City of Dubuque, and to define the conditions of said privileges; to provide for the construction of a sewer on .eighth Street, and granting certain rights of way for railroad track. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the sewer on Eighth Street, in the City of Dubuque, be extended on and along said street from the track of the Chicago, Milwaukee & St. Paul Railroad to the slough, and that the same be constructed by the City in such a manner as shall be hereafter determined by the City Council. Sec. 2. That in consideration of the rights and privi- leges herein granted, The Knapp, Stout & Co. Company is hereby required to fill to ordinary high water mark with earth filling, all the lots and parts of lots and lands now owned by said company or H. L. Stout within the City of Dubuque and lying east of the tracks of the Chicago, Milwaukee & St. Paul Railroad north of the filling ground of said company or H. L. Stout and south of the south line of Eleventh Street. And within nine months from and after the completion of the ex- tension of the sewer on Eighth Street herein provided for (unless delayed by unforeseen causes, in which case as soon thereafter as possible), to fill to the same grade and it same manner all the lots and parts of lots and lands now owned by the said Knapp, Stout & Co. Company or H. L. Stout within the City of Dubuque lying east of the Chicago, Milwaukee & St. Paul Railroad north of the alley between Seventh and Eighth Streets and south of the filled grounds of said company or of H. L. Stout, lying north of Eighth Street. 406 SPECIAL ORDINANCES Sec. 3. That at the time of filling said lots, said com- pany shall fill to the same grade, and with earth filling, all the streets within the boundaries described in Section Two here- of, and is hereby authorized to exclusively use and occupy all streets and parts of streets so filled until the sante shall be re- quired by the City for public purposes. Sec. 4. Whenever the City shall require for public pur- poses any street or any part thereof, filled and occupied un- der the provisions of this Ordinance, possession thereof shall be given by said company, its representatives or .assigns, at the expiration of one year from the time of giving notice to said company, its representatives or assigns, to remove there- from, and upon payment by the City of the actual cost of filling said street, or the -part thereof so required, without interest and in no case to exceed the sum of twenty-five cents per cubic yard. All payments shall be based upon the measure- ' ments of the City Engineer. Sec: 5. The assessable valuation for the purposes of City taxation of all the lots and lands included within the bounda- ries defined by Section Two hereof, now owned by said com- pany or H. L. Stout, shall not be increased for the period of sex years from the first day of January, A. D., 1886: Provided, however, that such exemption from► increased valuation shall cease and determine as to all lots abutting upon any streets so filled, of which the City of Dubuque shall require possession at any time before the expiration of said six years, by giving notice and making the payment herein required to be made. Sec. 6. The right to the City is hereby expressly reserved to put in filling upon any street within the limits herein named, while the same is being filled by said company under the pro- visions hereof, and to have the same measured by the City Engineer, whose estimates shall be deducted from measure- ments made for the purpose of payment by the City for the filling of such street. 1. Sec. 7. The Knapp, Stout & Co. Company, their suc- cessors or assigns, are hereby authorized to lay down and main- tain a single railway track across all streets and alleys from the intersection of the track of the Chicago, Milwaukee & St. Paul Railroad with the track of the Dunleith & Dubuque Bridge Company, in a northeasterly direction, across Washington, SPECIAL ORDINANCES 407 Wall, Pine and Seventh Streets, and the alleys between said streets, to a point in the alley between Seventh and Eighth Streets, in the Dubuque Harbor Improvement Company's Ad- dition, thence easterly along said alley to the slough : Pro- vided, Said Company shall, before constructing any railway track across or along any such streets or alleys, first ascertain and compensate for the damage to abutting property caused thereby, as required by Section 464, Title 4, Chapter 1o, of the Code of Iowa. Sec. 8. That said franchise is given on the express con- dition that the track permitted shall be put in at a grade ap- proved by the City Council, and subject to all state and city laws and police regulations, and said Company shall, when- ever required by the City Council, keep the space between the rails planked at all street crossings and construct approaches thereto, so that all vehicles may pass over the same. . Sec. 9. In case of failure on the part of said The Knapp, Stout & Co. Company to comply with any of the require- ments of this Ordinance in relation to the filling or use and occupation of the streets all the rights and privileges herein granted shall cease and determine. Sec. 1o. Should The Knapp, Stout & Co. Company fail to comply with contract as to filling property and streets south of their present filling, they are to pay interest at six per cent on the cost of sewer until such time as they do comply with said contract. And said The Knapp, Stout & Co. Company are to furnish the necessary funds to enable the City to pur- chase filling sufficient to protect said sewer as the work pro- gresses, said filling not to cost to exceed twenty-five cents per cubic yard ; said filling to be measured and included in cost of filling said Eighth Street by The Knapp, Stout & Co. Com- pany. Sec. 11. This Ordinance shall be in force, from and after its publication in the Dubuque Daily Herald. Adopted January 14, 1886. We hereby accept the conditions and obligations of the above Ordinance, and agree to perform the requirements of the same. The Knapp, Stout & Co. Company, Per Ii rank D. Stout, Assistant Treasurer. Chapter L,IX. Revised Ordinances of 1901. 408 SPECIAL ORDINANCES AN ORDINANCE releasing and granting certain property to C. Reifsteck and C. Scheppele. Whereas, Garfield Avenue formerly extended along the north boundary line of lot No. 11, East Dubuque addition, as indicated by the old City map; and Whereas, The course of the avenue was changed so that a strip of ground was left between said lot No. 11, as originally platted, and the avenue as now established; therefore, Be it Ordained by the City Council of the City of Dubuque : Section 1. The City of Dubuque hereby relinquishes and releases unto C. Reifsteck and C. Scheppele, the owners of said lot No, i i all that part and parcel of land lying and being be- tween said lot No. II and said Garfield Avenue. That said tract of land is more particularly described as_ bounded on the north by Garfield avenue, on the east by easterly line of said Lot 11 ex- tended to said avenue, and on the south by said Lot 11 and on the west by westerly line of said Lot No. II extended to said avenue, and that by reason of said change in course .of said highway, the property is considered a part of said Lot No. II, and the same shall be so considered for purposes of taxation and street improvements, on which taxes and assessments shall be paid by the owners of said Lot No. 11, and the same (taxes and assessments). shall be a lien upon said Lot 11, including the property hereby released and made a part thereof. Sec. 2. That upon the adoption hereof said C. Reif- steck and C. Scheppele shall pay, to the City of Dubuque, a sum of money equal to that amount which it would cost the grantees herein to improve the street by curbing and mac- adamizing in front of the property hereby conveyed, under a resolution of the Council ordering the same improved and the amount shall be ascertained from costs of last street improve- ment of said avenue." Sec. 3. The grantees herein accept the property hereby re- leased without the right of interfering with or changing the water coarse from present course on said strip or piece of ground until consent may be given by the City of Dubuque to any change that may be desired by the grantees or their heirs or assigns. SPECIAL ORDINANCES 409 Sec. 4. Upon payment of the money provided for in Sec- tion 2 hereof, this Ordinance shall be published in the official paper of said City, from and after which publication this Ordi- nance shall take effect and be in force. Adopted March 21, 1892. Accepted March 21, 1892. Chapter LII. Revised Ordinances, 190I. AN ORDINANCE granting to George B. Burch, trustee, the right to maintain and operate a foctory on part of lot 2 of Mineral Lot. zo6 in the City of Dubuque, Iowa. Be it Ordained by the City' Council of the City of Dubuque : Section i That the right is hereby granted to George B. Burch, trustee, for the Second National Bank of Dubuque, Iowa, to use and occupy Lot 2 of Mineral Lot 106 in the City of Dubuque, according to the plat hereto attached, for the period of twenty-five years, beginning on the first day of August, 1896, at an annual rental of one dollar per year. Sec. 2. The said George B. Burch, trustee, or his assigns, to operate and maintain on said premises a plant for manufac- turing purposes, independent of any other plant or corporation. Sec. 3. The grantee herein agrees to hold said City of Du- buque harmless from any damage or litigation that may here- after arise on account of this lease, or on account of the build- ings or improvements now upon said premises or to be placed thereon, and said grantee, its successors and assigns shall pay the expenses and the costs of any and all public improvements abutting or adjacent to said premises and all ordinary munici- pal taxes upon said real estate and improvements thereon, the same as if it or they were absolute owners in fee of the same; Provided, however, in consideration of the premises said real estate and all machines used in connection therein with said factory, or either of them, and all goods manufactured therein shall be exempt from ordinary City Taxes for a period of ten years from the 7th day of April, 1892. 410 SPECIAL, ORDINANCES Sec. 4. In case of a failure on the part of said George B. Burch, trustee, to operate said premises during the term of this lease for manufacturing purposes for a period of six months said failure so to do shall be deemed a forfeiture of all the rights herein granted, and said propery with all improvements thereon shall revert to the City of Dubuque. Sec. 5. The City also reserves the right to the Natural water way now connected with the stone arched sewer across Garfield Avenue and Pine Street. It also reserves the right and title to that portion of Lot 2 of Mineral Lot io6, fronting on Garfield Avenue on the north side of Lot 11, East Dubuque Addition. Sec. 6. The Ordinance passed April 7, 1892, and accepted by George Dee on said granting certain privileges to George Dee is by the passage of this Ordinance repealed and all rights under said Ordinance granted to said George Dee, or his assigns, shall revert to the City of Dubuque. It be- ing expressly understood that the ownership of all buildings on the grounds and real estate described in said Ordinance of April 7, 1892, to George Dee is hereby vested in the City of Dubuque. Sec. 7. This Ordinance is to go into effect upon its passage by the City Council of the City of Dubuque and its accept- ance in writing by George B. Burch, Trustee, and its pub- lication in the official papers of the City and upon the execution of a written waiver to the City by George Dee, or his assigns, of all rights granted said George Dee, or, his assigns, under the Ordinance of April 7, 1892. Passed October 5, 1896. Accepted. Chapter L,XVIII. Revised Ordinances, 1901. SPECIAL ORDINANCES 411 AN ORDINANCE to Amend Chapter 68 of the Revised Ordinance of 1901, of the City of Dubuque by striking out the name George B. Burch, trustee, wherever it :ap- pears therein and inserting in lieu thereof the name of J. K. Deming, trustee, and by granting an extension of time until the first day of January, 1902, within which said J. K. Deming, trustee, shall comply with the provisions of said Ordinance. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the name George B. Burch, trustee, wherever it appears in Chapter 68 of the Revised Ordinances of 1901, of the City of Dubuque, be stricken out, and the name J. K. Deming, trustee, inserted in lieu thereof. • Sec. 2. That said J. K. Deming, trustee, is hereby granted an extension of time until the first day of January, 1902, within which to comply with the provisions of said Ordinance. Sec. 3. This Ordinance shall be in force and effect from and after its adoption and pubilication in the Dubuque Daily Telegraph newspaper. Passed November 7, 1901. Appijoved November 8, 1901. Published November 20, 1901. AN ORDINANCE granting to Carr, Ryder & Engler Com- pany of Dubuque, Iowa (incorporated) the right to build and maintain an arch over the alley located between Jack- son and Washington Streets and Ninth and Tenth Streets, in the City of Dubuque, Iowa, with certain conditions and obligations and restrictions regarding the same. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the Carr, Ryder & Engler Company, a corporation organized under the laws of the State of Iowa, with principal place of business in Dubuque, Iowa, its suc- cessors and assigns; he and are hereby authorized to build and IMR a 412 SPECIAL, ORDINANCES perpetually maintain an arch or covering over the alley be- tween Jackson and Washington and Ninth and Tenth Streets, in the City of Dubuque, Iowa. Sec. 2. That said arch or covering shall not be less than sixteen feet in height from legal grade of said alley to the under side of the crown of said arch or covering. Sec. 3. That the said Carr, Ryder & Engler Company, (being the owner of all the land in the block where said alley is located) its heirs, successors and assigns, by the acceptance of this Ordinance, hereby perpetually obligates itself, and them- selves, to become responsible to any individual, persons or cor- poration sustaining any injury or damage by reason of the con- struction and maintenance of said arch or covering, and thereby agree to hold the City of Dubuque harmless and free from all or any such loss, damage or litigation as may result from the construction and maintenance of said arch or covering. Sec. 4. This Ordinance shall be in force from and after its acceptance, in writing, by the proper officer of the Carr, Ryder & Engler Company, and its passage by the Council and publication in the official papers of the City of Dubuque. Adopted December 1, 1890. Published. I, E. A. Engler, being Secretary, and duly authorized do hereby accept the above Ordinance granting right to Carr, Ryder & Engler Company to erect and maintain arch or cov- ering over alley and hereby bind said company, its heirs, as- signs and successors to the terns of said Ordinance, and agree that this acceptance shall become a part of the records of the City Council of the City of Dubuque. Carr, Ryder & Engler Company, E. A. Engler, Secretary. Chapter L,VII. Revised Ordinances of 1901. SPECIAL ORDINANCES 413 AN ORDINANCE granting to Carr, Ryder & Adams Co., a corporation, of Dubuque, Iowa, its successors and as- signs, the right to erect, build and maintain an overhead bridge and connection between'their building situated on Lot No. z of the Sub -Division of Out I,ot 505 in the City of Dubuque, and their Building situated on Lot 424 in the City of Dubuque, Iowa. Be it Ordained by the City Council of the City of Dubuque : Section 1. That the Carr, Ryder & Adams Co., a cor- poration, organized under the laws of the State of Iowa, with its principal place of business in the City of Dubuque, Iowa, its successors and assigns, be and are hereby authorized to erect, build and perpetually maintain an overhead bridge and con- nection between their building situated on Lot No. 1 of the sub- division of out -lot 505 in the City of Dubuque, and their build- ing situated on Lot 424 in the City of Dubuque, Iowa. Sec. 2. The said overhead bridge and connection shall be of iron and steel construction with wooden floor not more than ten feet wide, with its floor about thirty feet above the established grade of Washington and Tenth streets at the place where the said bridge and connection extend over said streets; its supports shall rest on and in the buildings and lots of said Carr, Ryder & Adams Co. Sec. 3. This Ordinance shall be in force from and after its acceptance, in writing, by the proper officer of the Carr, Ryder & Adams Co., and its passage by the Council and publi- cation in the official papers of the City of Dubuque. Adopted July 19, 1906. Approved July 21, 1906. AN ORDINANCE granting the Carr, Ryder & Adams Co. permission to carry certain pipes across Jackson Street, between Ninth and Tenth Streets, in the City of Dubuque and regulating such grant. Be it Ordained by the City Council of the City of Dubuque : Se&ion 1. That permission be and the same is hereby granted the Carr, Ryder & Adams Co. to carry certain steam and cyclone pipes from its new power house on Jackson Street, 414. SPECIAL ORDINANCES between Ninth and Tenth Streets, over Jackson Street to the main engine station. of said company, and to lay certain re- turn pipes tinder said street between the same two buildings, subject to the conditions and provisions herein contained. Said overhead pipes are to be so constructed as not to interfere in any manner with travel upon and over said Jackson Street, or the sidewalks thereof, and in' every way to be so maintained as not to endanger persons or animals passing along or under said pipes, or property being conveyed under same. Sec. 2. The pipes conveyed underground shall be en- closed in a tunnel so constructed and maintained as to make travel upon and over said Jackson Street perfectly safe in every way and as to preserve the condition of said street the same as though no such tunnel existed. Sec. 3. . Said Carr, Ryder & Adams Co. shall agree, as a condition to the grant of this privilege, and by way of guaranty, to fully protect and save the City of Dubuque harmless as to any claims, damages or liabilities of any kind which may arise because of the construction and maintenance of said pipes over- head, or the tunnel and pipes run underground, and in any suit which may arise because of the construction of said pipes or tunnel and the pipes in such tunnel, said company. shall, at the direction of said City, make all necessary defense to said suit and frilly idemnify said City as to any expenses or outlays or liabilities to which said City may be subjected because of such suit. Sec. 4. Should the City of Dubuque at any time deem said overhead pipes, or the tunnel, or the pipes in such tunnel unsafe, or for any other reason deem the removal of said pipes or tun- nel, or either of them, necessary or advisable, then said City may order the immediate removal of saicl'pipes or tunnel, or either of them, and the restoration of the street in question to proper condition, - within a reasonable time from such order, and on the failure or refusal of said company to comply with such order said City may cause such removal to be made, at the expense of said company. Sec. 5. Said Carr, Ryder & Adams Co. shall, as a further condition to the grant herein contained, file with .the City Re- corder a bond in the sum of $ioo.00, as a guaranty that the street affected by the tunnel aforesaid will be kept in repair for J SPECIAL, ORDINANCES 415 one year after the completion of the work, the giving of such bond, however, to be constructed in no way as relieving said company from the terms and conditions of this Ordinance as hereinbefore set out. Sec. 6. This Ordinance shall he in force and effect from and after its passage by the City Council and its publication one time in the Times -Journal and the Telegraph -Herald, official newspapers, and written acceptance thereof indorsed herein by said Carr, Ryder & Adams Co. Adopted October 21, 191o. Approved October 26, 191o. Published October 28, 191o. Accepted October 26, 191o. AN ORDINANCE granting to Farley & Loetscher Manu- facturing Co. of Dubuque, Iowa, (incorporated), the right to build and maintain a bridge across Eighth Street from their present factory between Wkite and Jackson Streets to their proposed new building to be erected on the north side of eighth Street between White and Jackson Streets, and further granting said company the right to move the switch now leading to the "Oil Mill" property about one hundred and fifty feet further south, also granting said company the right to build and maintain a building over the alley between White and Jackson Streets, facing on Seventh Street between City Lots 358 and 369. Be it Oftlained by the City Council of the City of Dubuque : Section i. That the Parley & Loetscher -Manufacturing Company, a corporation organized under the laws of the State of Iowa, with principal place of business in Dubuque, Iowa, its successors and assigns, be and are hereby authorized to build and perpetually maintain a bridge, according to the plan now on file in the office of the City Recorder of said City, across Eighth Street from their present factory situated between White and Jackson Streets, to the proposed new building on the north side of Eighth Street between White and Jackson Streets in the City of Dubuque, Iowa. 416 SPECIAL, ORDINANCES Sec. 2. That said bridge shall not be less than twenty-six feet in height from the established grade of said Eighth Street to the under side of said bridge. Sec. 3. In order to utilize the switch now situated on the west side of Jackson Street between Eighth and Ninth Streets for the purposes required by said Farley & Loetscher Manu- facturing Company, permission is hereby granted to said Far- ley & Loetscher Manufacturing Company, to have said switch moved about one hundred and fifty feet further south than at present located according to the plan of said switch now on file in the office of the City Recorder of said City, said work to be done under the supervision of the Street Committee and City Engineer. Sec. 4. The said'Farley & Loetscher Manufacturing Com- pany, its successors and assigns, are hereby further authorized and empowered to build and perpetually maintain a building over the alley between White and Jackson Streets, facing- on Seventh Street, between City Lots 358 and 369. Sec. 5. That said building is to be constructed so there shall not be less than twelve feet in height from the established grade of said alley to the underside of said building. Sec. 6. That the said Farley & Loetscher Manufacturing Company, (being the owner of all the land on both sides of Eighth Street where said bridge is to be located, and also all the land on both sides of said alley where said building is to be located), its heirs, successors and assigns, by the acceptance of this ordinance hereby perpetually obligates itself and them- selves, to become responsible to any person or persons, firm or corporation sustaining any injury or damage by reason of the construction and maintenance of said bridge across Eighth Street as provided in Section i hereof ; or by reason of the construction and maintenance of said building over the alley between White and Jackson Streets, as provided in Section 4 hereof, and hereby agree to hold the City of Dubuque harmless and free from all or any such loss, damage or litigation as may result from the construction and maintenance of said bridge or building. Sec. 7. This Ordinance shall be in force from and after its acceptance, in writing by the proper officers of the Farley SPECIAL, ORDINANCES 417 Loetscher Manufacturing Company and its passage by the Council and publication in the official papers of the City of Dubuque. Adopted April 9, 1903. Approved April 9th, 1903. Accepted April 20, 1903. Published April 25, 1903. AN ORDINANCE granting the A. R. Flick Box Co. the right to lay a track across the.alley in Block 17, Dubuque Har- bor Improvement Co.'s Addition in the City of Dubuque, Iowa, as shown by the colored route marked on plat hereto attached, and marked exhibit "A" and made apart of this Ordinance. • Be it Ordained by the City Council of the City of -Dubuque : Section 1. That permission be and the same is hereby 'granted to the A. R. Flick Box Co., to lay down, operate and maintain a track in the City of Dubuqbe across the alley in Block No. 17 in Dubuque HarborImprovement Co.'s Addi- tion as indicated by the colored route shown on the plat hereto attached and marked Exhibit "A" and made a part of this Ordinance. Sec. 2. That in the laying down and operation of said track, the same shall be so constructed and maintained as to create the least possible obstruction with ordinary travel and use of the alley crossed by the same; that cars shall not be allowed to stand, on said alley and that the same shall be kept free for travel at all times except when it may be necessary for cars to be switched across the same. Sec. 3. That said track hereby authorized shall be laid to the established grade of said alley, and should the grade of said alley be changed at any time, the said track shall be so changed as_to conform to such change of grade at the expense of the said box company) and the company shall have no claim for damages against the city by reason of said change. Sec. 4. That said box company shall keep the space be- tween the rails of said track and the end of the ties so graded 27 418 SPECIAL, ORDINANCES that vehicles may easily pass over the same and that when re- quired by the .City Council, said box company shall plank be- tween the rails and make suitable approaches to enable vehicles to easily cross the same. Sec. 5. That said track shall be so constructed and main- tained as not to dam up and obstruct the flow of water in said alley, and that said box company shall he subject to and strictly comply with all reasonable police regulations which the author- ities of the City may establish in relation to the running of trains on said track. Sec. 6. This Ordinance to be in force and take effect from and after its passage by the City Council and its publication one time in the Dubuque Telegraph -Herald and its written accept- ance by the A. R. Flick Box Company. Adopted May 2, 1907. Approved May 4, 1907. Published May 6, 1907. Accepted May 27, 1907. AN ORDINANCE granting to Bell Bros. Company, their successors and assigns the right to construct and operate a high. pressure water main for Fire Protection in Locust Street from Eighth to Fourth Street, and regulating the same. Be it Ordained by the City Council of the City of Dubuque : Section 1. That Bell Bros. Company, their successors and assigns, are hereby authorized to construct, maintain and oper- ate a high pressure water main, six inches in diameter, to be . laid in Locust street, from a connection with the water .main at Eighth Street to a connection with their manufacturing plant at Fourth Street, in the City of Dubuque, for the purpose of providing sufficient and adequate water pressure for fire pro- tection in said plant, to be used for fire protection purposes only. Said line of water pipe shall be constructed, maintained and operated at the expense of said Bell Bros. Company, and shall be constructed under the direction and supervision of the SPECIAL ORDINANCES. 419 City Engineer and the Superintendent of the Water Works Department of the City of Dubuque. Sec. 2. In the construction of said water pipe line, the streets shall not be unnecessarily obstructed; all obstructions and excavations made in any street 511411b, prgperly barricaded and lighted, and in any action for ,damages ,caused by such con- struction or excavation, the said Bell Bros. Company shah ap- pear and defend the same, and shall pay any judgment rendered against the_ City therein. Sec. 3. The City of Dubuque may at any time grant the right to any ,other person or company to ,connect with said high pressure water main, for fire protection purposes ,only, upon paying to the said Bell Bros. Company a ,share of the cost of construction and maintenance of said line, in proportion to the number of users and the length of sajd main used by any such person desiring to make connection therewith, that is a pro- portionate share of the cost of construction from I ighth Street to the point where connection. is made. $ec, 4, This Ordinance shall bg jn force from and after its publication in the Telegraph -Herald, ,and its acceptance in writing by the Bell Bras; Company, Adopted August I, T907, Appr0ygc August 2, .x907. 'tiblishe-,d August 5, .1907. AN ORDINANCE granting to William Laugher Co., their successors and assigns, the right to construct and operate a high pressure water main for fire protection in Locust Street from Fourth Street to Second Street and east in Second Street to alley, south in alley to their mnanufacture- ing plant and regulating sante. Be it Ordained by the City Council o the City of Dubuque Section 1. That the William T,awither Co., their successors and assigns ate hereby authorized to construct, maintain and operate a high pressure water main six inches in diameter, . to SPECIAL, ORDINANCES 420 be laid in Locust Street from a connection with the high pres- sure water main at Bell Bros. Co. manufacturing plant, south to Second Street, thence east in Second Street to alley and south in alley to their manufacturing plant between First and Second Streets in the City of Dubuque; for the purpose of providing sufficient and adequate water pressure for fire pro- tection purposes only. Said line of water pipe shall be con- structed, maintained, and operated at the expense of said William Lawther Co., under the direction and supervision of the City Engineer and the superintendent of the water works department of the City of Dubuque. Sec. 2. In the construction of said water pipe line, the streets shall not be unnecessarily obstructed; all obstructions and excavations made in any street shall be properly barricaded and lighted, andain any action for damages caused by such construction or excavation, the said William Lawther Co. shall appear and defend the same and shall pay any judgment ren- dered against the City therein. SPECIAL♦ ORDINANCES 421 Sec. 6. This Ordinance shall be in force from and after itspublication in the Telegraph -Herald and its acceptance in writing by the William Lawther Co. Adopted, October 3, 1907. Approved, October 7, 1907. Published, October 7, 1907. Sec. 3. The City of Dubuque may at any time grant the right to any other person or company to connect with said high pressure water main for fire protection only, upon paying to the said William Lawther Co. a share of the cost of con- struction and maintenance of said line, in proportion to the number of users and the length of said main used by any such person or company desiring to make connection therewith, that is a proportionate share of the cost of constructing and maintaining said line from Fourth Street to the point where connection is made, and also paying to the said William Law- ther Co. and Bell Bros. Co. a proportionate share of the cost of constructing and maintaining the said water line from Eighth Street to Fourth Street in Locust Street. Sec. 4. The permission hereby granted is upon condition that said William Lawther Co. pay to Bell Bros. Co. a propor- tionate share of the cost of constructing and maintaining the high pressure water main constructed by said Bell Bros Co. from Eighth Street to Fourth Street in said City. Sec. 5. The City of Dubuque may at any time connect such a number of high pressure fire hydrants along the line of said water main as it may deem necessary, without paying any part of the construction of said water main. AN ORDINANCE granting to the Peter J. Seippel Lumber Company, its successors and assigns, the exclusive use of a space of ground, comprising a part of the Levee in the City of Dubuque, Iowa, the southerly boundary of which shall be the storm sewer, as it is now constructed across said Levee at its intersection with Dodge Street, the west- erly boundary of which shall be a line which is twenty (2o) feet easterly from the westerly boundary of said Levee, the northerly boundary of which shall be parallel with said storm sewer and two hundred and fifty (250) feet northerly therefrom, and the easterly boundary of of which shall be the Mississippi River, for a period of ten (io) years, and regulating and controlling such grant. Be it Ordained by the City Council of the City of Dubuque : Section 1. That there be and hereby is granted to the Peter J. Seippel Lumber Co., its successors and assigns, for a period of ten (1o) years from the date this Ordinance takes effect, the exclusive use of a parcel of ground, comprising a part of the Levee in the City of Dubuque, Iowa, the southerly boundary of which shall be the storm sewer, as it is now con- structed across said Levee at its intersection with Dodge Street, the westerly boundary of which shall be a line which is twenty (2o) feet easterly from the westerly boundary of said Levee, the northerly boundary of which shall be parallel with said storm sewer and two hundred and fifty (25o) feet northerly therefrom, and the easterly boundary of which shall be the Mississippi River. Sec. 2. That said grant is for the purpos? of enabling the beneficiary therein to use the space aforesaid for purposes incident to the receiving of logs and rafts from the river and the receiving and shipment of lumber and other materials and 422 SPECIAL, ORDINANCES products connected with the business purposes -of said corn - party ; and, as incident thereto, the beneficiaries hereof are hereby authorized and empowered to erect on the said space such temporary structures, machinery, and improvements as they may see fit, provided the same are coristfucted and operated otherwise in compliance with all lawful ordinances and regulations now or hereafter in force, arid provided said structures, machinery, and improvements are adapted to and are used for the purpose aforesaid; and provided further, that the privileges hereby granted shall .terminate whenever said 'beneficiary shall, for ah unreasonable time, cease to use the said space for the purpose aforesaid. Sec. 3. That whenever the rights and privileges hereby granted have teririinated, the , beneficia'ries hereunder shall, at their own expense, remove from said space all structures and machinery theri thereon belonging to -diem, and shall restore the surface of said space to the condition the same now is, so far as any changes therein made by them are concerned. Sec. 4. That. this Ordinance shall take effect and be in force froni and after its passage and publication one time in the Dubuque Telegraph -Herald and in the Dubuque Times- Jontnal; official newspapers of said City. Adopted; October 27, 19094 Approved, October 3o, 1909. Ptiblished, Nov. 3, 1900. AN ORDINANCE granting the Peter J. Seippel Lumber COM., pany permission to Fill uj Harrison Street, in the City of Dubuque, and bring same to grade, and regulating such grant. Be it Ordained by the City Council of the City of Dubuque: 8ectit n Y. That the Peter J. Seippel I.,urriber 'Coiiip'aiiy be, and the same is, hereby granted permission to fill and bring up to grade Harrison Street, in the City of. Dubuque, or such portions of same asmay be by said Company deemed necessary to be filled and brought to grade, the grant herein given being subject to the conditions hereinafter set out: SPECIAL ORDINANCES 423 Sec. 2. That the permission herein given is for the pur- pose of enabling the said Peter J. Seippel Lumber Company to Make use of certain lots and pieces of property by it owned and abutting on and adjacent to said Harrison Street, for the con- duct of a lumber business. At the end of twenty (20) years from the time this Ordinance becomes effective, all of said filling placed in said street is to become the property of the City of Dubuque, without cost to it, and, should the said Peter J. Seippel Lumber Company cease to use the property and ground abutting on and adjacent to said street, for the purposes incident to its lumber business, at any time before the expira- tion of twenty years, there said filling is to become the property of said .City, without cost to it, from the time said company fails to use said property in manner as aforesaid. In any event, however, said filling shall be the property of said City on the expiration of twenty years from the time this Ordinance be- comes effective, as above specified. Sec. 3. Should the City of Dubuque desireto improve said Harrison Street at any time during the twenty years above referred to, or require said street for public purposes in general, or any part thereof, filled and occupied by said company under the provisions of this. Ordinance, possession thereof shall be given by said company, its representatives or assigns, at the expirationof one' year from the time of giving notice to said company, its representatives or assigns, to remove there- from, and upon payment by the City of the actual cost of filling said street (which cost is now fixed at twenty-five cents per cubic yard in full), or the part of said street desired by said City. The price herein fixed is in full of all demands which said company may make, and there shall be paid no interest. Sec. 4. That to enable the said company to require of the City the payment of the price fixed as the value of said filling, as set out in Section 3 hereof, the said filling shall be of a kind and quality acceptable and satisfactory to said City when placed in said street, and shall be subject to the approval of the City Engineer of said City. Sec. 5. That the said company shall file in the office of the City Recorder of said City a verified statement of the actual amount,+)f filling by said company placed in said street, and the kind or kinds,. giving the number of cubic yards of each kind, said statement to have indorsed on it a certificate of the City I, 911 MIME 424 SPECIAL, ORDINANCES SPECIAL ORDINANCES 425 Engineer verifying the correctness thereof. Said company may file statements as aforesaid from time to time as the work of filling progresses, if it so desires, properly verified and cer- tified to as herein provided; the final statement shall, however, be filed in any event within thirty days from the time of com- pletion of said filling by said company. The conditions of this section shall be deemed conditions precedent to the right of said Company to demand payment from said City under the terms of Section 3 of this Ordinance, and each condition if of the essence hereof. Sec. 6. The right of said Peter J. Seippel Lumber Com- pany to use said Harrison Street, so filled and brought to grade by it, shall he exclusive during the term of this grant, subject always to the conditions of this Ordinance. Sec. 7. This Ordinance shall be in effect from and after publication thereof in the Dubuque Times -Journal and the Telegraph -Herald, official newspapers, and written acceptance hereof on the part of said Peter J. Sippel Lumber Company, duly indorsed hereon. Adopted, July 29, 191o. Approved, August 15, 191o. Published, August 16, 191o. Acccpted, August 15, 191o. AN ORDINANCJ granting to John T. Hancock Co., branch Western Grocer Co., its successors and assigns, the right to construct rand operate a high pressure water main in and along Second Street, commencing at alley between Main and Locust Streets, thence along south side of Second Street to alley between Main and Iowa Streets, thence south in said alley to its building, and regulating • the same. Be it Ordained by the City Council of the City of Dubuque : Section i. That John T. Hancock Co., branch Western Grocer Co., its successors and assigns, are hereby authorized to construct, maintain, and operate a high pressure water main, six inches in diameter, to be laid in and along Second Street, commencing at the alley between Main and Locust Streets, running thence in an easterly direction along the south side of Second Street to the alley between, Main and Iowa Streets, thence south through said alley to building of said company, in the City of Dubuque, for the purpose of providing sufficient and adequate water pressure for fire protection only. Said line of water pipe shall be constructed, maintained, and operated at the expense of said company, and shall be con- structed under the direction and supervision of the City Engi- neer and the Superintendent of the Water Works Department of the City of Dubuque. Sec. 2. In the construction of said water , pipe line, the street and alley used shall not he unnecesarily obstructed. All obstructions and excavations made in the street and alley shall be properly barricaded and lighted, and in any action for damages caused by such obstruction and excavation, the said company, in consideration hereof, shall appear and defend the sante, and shall pay any judgment rendered against the City of Dubuque. • Sec. 3. The City of Dubuque may at any time grant the right to any other person or company to connect with said high pressure water main, for fire protection purposes only, upon paying to the said John T. Hancock Co., branch Western Grocer Co., a share of the cost of construction and mainten- ance of said line, to be estimated as follows : Payment is to be made the said Company "in the proportion which the distance pf the point of proposed connection (measuring from the con- nection at alley between Main and Locust Streets), bears to the total distance of the line. Any person or company con- nectingsat a point beyond the connection then farthest removed from connection at said .alley last named (on the line now being authorized), shall pay said company only in the propor- tion which the distance of the proposed connection bears to the total distance lying between the point of prior connection and the connection at the Hancock building, measuring from such prior connection. Connections made at a point intermediate to other points shall be paid for in the proportion which the distance of connecting point bears to the total distance between the two points, measuring easterly from the westerly point, payment to be made to the person or company having the easterly point of connection. The intention hereof is that no 1 1.11 IIi1.11011111N1. 1111..1.1 .1i mi. 426 person or company constructing, or connecting with, said pipe , line shall be reimbursed in an amount in excess of • the actual expense advanced. The- cost of maintaining said pipe line herein authorized is to be borne equally by all persons using the same. SPECIAL ORDINANCES Sec. 4. The said John T. Hancock Co., branch Western Grocer Co., shall, at or before the time of accepting the pro- �isions of this Ordinance and its publication, file with the City Recorder of the City of Dubuque a proper bond, in the sum of $500.00, to be approved by the Mayor of said City, obligating the said company to keep the street and alley in which exca- vations are made in good condition and repair wherever such excavations are made, for a period of one year after the com- pletion of the work, and that it will restore said street and alley to the condition in which they were found before said exca- vating, all to the satisfaction of the Street Commissioner and the Committee on Streets of said City. Sec. 5. On completion of the laying of the main as herein provided for, the said company shall file with the City Recorder of said City a sworn statement, showing the exact cost of said main and of its installation, said statement to be itemized. Failure to file said statement shall preclude the said company from the right of collecting from any person or company the proportionate amount due the said company under the terms of Section 5 hereof. Sec. 6. This Ordinance shall be in force and effect from and after its passage by the City Council and its publication one time in the Dubuque Times -Journal and the Telegraph - Herald newspapers, and its acceptance in writing by the said John T. Hancock Co., branch Western Grocer Co., and the filing of the bond herein provided for. Adopted, July 29, 1909. Approved, July 30, 1909. Published, Augusc 16, 1909. Accepted, August i 1, 1909. SPECIAL ORDINANCES 427 AN ORDJNANC. granting to H. B. Glover Co., their suc- cessors and assigns, the right to construct and operate a high pressure water main in alley at recur of fames Levi & Co.'s store, thence to Fifth Street, and on Fifth Street to Lot 23o, City of Dubuque, and regulating the sane. Be it Ordained by the City Council of the City of Dubuque: Section i, That H, B. Glover Co:, their successors and assigns, are hereby authorized to constructmaintain, and oper- ate a high pressure water main, sic inches in diameter, to be laid in the alley between Main and Iowa Streets, from a con- nection with the main now located in the rear of the James Levi & Co.'s store, in said alley, in the City of Dubuque, thence running to Fifth Street in said alley, and on Fifth Street to Lot 230, to connect there with building of said H. I3. Glover Co,, for the purpose of providing sufficient and adequate water pressure for fire protection only, Said line of water pipe shall be constructed, maintained, and operated at the expense of said H. B. Glover Co„ arid shall be constructed under the direction and supervision of the City Engineer and the Superintendent of the Water Works De= partment of the City of Dubuque. Section 2. In 'the construction of said water pipe line, the street and alley used shall not be unnecessarily obstructed. All obstructions and excavations made in the street and alley shall be properly barricaded and lighted, and in any action for damages caused by such obstruction or excavation, the said FT. B. Glover Co., in consideration hereof, shall appear and defend . the _same, and shall pay any judgment rendered against the City of Dubuque. Sec. 3, The City of Dubuque may at any time grant the right to any other- person or company to connect with said high pressure water main, for fire protection purposes only, upon paying to the said H. B. Glover Co. a share of the cost of con- struction and maintenance of said line, to be estimated as fol- lows: ol-lows: Payment is to be made the said H.. B, Glover Co. in the proportion which the distance of the point of connection (meas- uring from connection made by the Grover Co. at Levi build- ing,) bears to the total distance of the line. Any person or company connecting at a point beyond the connection then farthest removed from the connection at the Levi building 428 SPECIAL, ORDINANCES (on the line now authorized to be built,) shall pay the said H. B. Glover Co. only in the proportion which the distance of the proposed connection to be made by such person or company bears to the total distance lying between the point of prior con- nection and the connection at the Glover building, measuring from such prior connection. Connections made at a point in- termediate to other points shall be paid for in the proportion which the distance of connecting point bears to the total distance between the two points, measuring south (or east, as the case may be,) from the point nearest the Levi building, payment to be made to the person or company having the other point of connection (the one nearest the Glover building.) The inten- tion hereof is that no person or company constructing or con- necting with said pipe line, shall be reimbursed in an amount in excess of the actual expense advanced. The cost of main- taining said pipe line herein authorized is to be borne equally by all persons using same. Sec. 4. The said H. B. Glover Co. shall, at or before the time of accepting the provisions of this Ordinance and its pub- lication, file with the Recorder of the City of Dubuque a proper bond, in the sum of $500.00, to be aproved by the Mayor of said City, obligating the said H. B. Glover Co. to keep the street and alley in which excavations are made in good condition and repair wherever such excavations are so made, for a period of one year after the completion of the work, and that it will re- store said alley and street to the condition in which they were found before excavating in same, all to the satisfaction of the Street Commissioner and the Committee on Streets of said City. Sec. 5. On completion of the laying of the main as herein provided for, the said H. B. Glover Co. shall file with the City Recorder of said City a sworn statement, showing the exact cost of said main and of its installation, said statement to be itemized. Failure to file said statement shall preclude the said H. B. Glover Co. from the right of collecting from any person or company making connections with said main the propor- tionate amount due the said H. B. Glover Co. under the terms of Section 3 hereof. Sec. 6. This Ordinance shall be in force and effect from and after its passage by the City Council and its publication one time in the Dubuque Times -Journal and the Telegraph -Herald SPECIAL, ORDINANCES 429 newspapers, and its acceptance in writing by the said H. B. Glover Co. and the filing of the bond required. Adopted July 29, 1909. Approved July 3o, 1909. Published August 1, 1909. Accepted July 3o, 1909. AN ORDINANCE granting H. B. Glover Corpany permis- sion to make a tunnel from building on southeast corner of Ei f th and Iowa Streets, City Lots 229 and 23o, to build- ing on northeast corner of Iowa and Pi f th Streets, City Lots 227 and 228. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted H. B. Glover & Company to make a tunnel 8 feet wide and 6 feet 6 inches clear head room, with reinforced concrete, from the building of said Company on the southeast corner of Fifth and Iowa Streets, City Lots 229 and 230, to the building of said Company on the northeast corner of Fifth and Iowa Streets, City Lots 227 and 228, said tunnel to be located below all pipes, sewers, etc., and near the line of the alley dividing Iowa Street and Clay Street, City of Dubuque, subject to the conditions herein contained. Sec. 2. Said tunnel shall be constructed and maintained in such manner as to make travel upon and over Fifth and Iowa Streets perfectly safe, and as to preserve the condition of said streets as perfectly as though no such tunnel existed. Sec. 3. Said H. B. Glover Company shall agree, as a con- dition to the granting of this privilege, and shall guaranty by the acceptance of the terms hereof, to fully protect and save the City of Dubuque harmless as to any claims, damages or lia- bilities of any kind which may arise because of the construction and maintenance of said tunnel, and in any suit which may arise because of said tunnel, said Company shall, at the direction of said City, make all necessary defense to said suit and fully indemnify said City to any expenses or outlays or liabilities to which said City may be subjected because of such suit. 430 SPECIAL ORDINANCES Should the City of Dubuque at any time deem said tunnel unsafe, or for any other reason deem its removal necessary or advisable, said City may order the immediate removal of same and the restoration of the Streets hi question to proper condi- lion, within a' reasonable time from such order, and on the re- fusal of said Company ,so to remove same, said City may d� so, at the expense of said company. • Sec. 5. Said H. B. Glover Company- shall, as ,a further condition to the grant herein contained, file with the City Re- corder a bond in the sum of $1oo.00 as a guaranty that the streets affected by the tunnel aforesaid will be kept in repair, for one year after the completion of the work, said furnishing of bond, however, to be in no way construed as relieving said company from the terms and conditions hereof as hereinbefore set out. Sec, 6. This Ordinance shall be in oreail effeet and after its passage by the City Council and its publication one time in the Times -journal and the Telegraph-.IIerald, official newspapers, and written acceptance thereof duly indorsed here- on by said II. B. Glover Company. Adopted October ?I, 1910, Approv.ed, PubliShed li.)ecember j9I0, Aceepted November 29, two. AN ORDINANCE granting to E. B. Piekenkock &Sons,' their successors and assigns, the right to construct and operate a high pressure water main for fire protection across Second Street ,cola iv, the alley between Locust and Main Street, and to .conneet with the 19W pressitre main n.xid alley, and regulating the use ,of .said cognectim: Be it Ordained by the City Council of the City of Dubuque: Section i. That E. B. Pielcenbrock & Sons, their succes- sors and assigns, -are hereby authorized to construct, maintain and operate a high pressure water main, six inches in .diameter, to be laid across Second Street, between Locust and "Main Streets, to connect with the high pressure main in said 'Second • SPECIAL ORDINANCES Street, and also to lay a water main in the alley between Main and Locust Streets to their building, to connect with the 20 -inch low pressure main, for the purpose of providing sufficient and adequate water pressure for fire protection in said store, to be used for fire protection only. Said line of water pipe :shall be constructed, maintained and operated at the expense of the said E. B. Piekenbrock & Sons, and shall be constructed under the direction and super- vision of the City Engineer and the .Superintendent of the Water Works Department of the City of Dubuque. Sec. 2. In the construction of said water pipe line, the street and alley shall not be unnecessaily obstructed. Al! ob- structions arid excavations made in the street and alley shall be properly barricaded and lighted, and in any action for damages caused by such construction or excavation, the said E. B. Piekenbrock & Sons, in consideration hereof, shall appear and defend the same, and shall pay any judgment rendered against the City of Dubuque therein. Sec. 3. The City of Dubuque may at any time grant the right to any other person or company to connect with said high water pressure in Said alley, on paying to the said E. B. Pieken- brock & Sons one-half the cost of construction of said main to point of connection with building of said E. B. Piekenbrock &Sons, as well as one-half the cost of maintenance, 'the cost of future maintenance to be borne equally by all parties connect- ing. Sec. 4. The said E. B. Piekenbrock & Sons shall, at or be- fore the time of accepting the provisions of this Ordinance and its regular.publication in the official newspapers, file with the Recorder of the City of Dubuque a proper bond, in the sum of one hundred dollars, to be approved by the mayor of said City, obligating the said E. B. Piekenbrock & Sons to keep the street and alley in -which excavations are made in pursuance of the laying of the pipe in question in good condition and repair Wherever such excavations have been made, for a period of one year after the completion of the work, and that they will restore said alley and street to the same condition in which they were prior to the commencement of said -work, all of which is to be done to the satisfaction of the Street Commissioner and the Committee on Streets; 432 SPECIAL, ORDINANCES Sec. 5. On completion of the laying of the main as herein provided for, the said E. B. Piekenbrock & Sons shall file with the City Recorder a sworn statement, showing the exact cost of said main and of installing the same to point of connection with said building, said statement to be itemized. Failure to file thesame shall preclude the said E. 13. Piekenbrock & Sons from the right of collecting from any person or company here- after connecting with said main, as provided in Section 3 hereof. Sec. 6. This Ordinance shall be in force from and after its passage by the City Council and its publication one time in - the Dubuque Telegraph -Herald and the Times -Journal news- papers, and its acceptance in writing by said E. B. Piekenbrock & Sons. Adopted May 25, 1909. Approved May 27, 1909. Published May 29, 1909• Accepted May 28, 1909. AN ORDINANCE granting to James Levi & Company, their successors and assigns, the right to construct and operate a high pressure water main for fire protection in theal- ley between Main and Iowa Streets, from Seventh to Eighth Streets, and regulating the same. Be it Ordained by the City Council of the City of Dubuque : Section 1. That James Levi & Company, their successors and assigns, are hereby authorized to construct, maintain and operate a high pressure water main, six inches in diameter, to be laid in the alley between Main and Iowa Streets from a connection with the water main on Eighth Street, in the City of Dubuque, to a connection with their dry goods store at Seventh Street, for the purpose of providing sufficient and adequate water pressure for fire protection in said store, to be used for fire protection only. Said line of water pipe shall be constructed, maintained and operated at the expense of said James Levi & Company, and shall be constructed under the direction and supervision of the City Engineer and the Superintendent of the Water Works Department of the City of Dubuque. SPECIAL ORDINANCES 433 Sec. 2. In the construction of said water pipe line the street3 and alley shall not be unnecessarily obstructed. All obstruc- tions and excavations made in the streets and alley shall be properly barricaded and lighted, and in any action for damages caused by such construction or excavation, the said James Levi & Company, in consideration hereof, shall appear and defend the sane, and shall pay any judgment rendered against the City of Dubuque therein. Sec. 3. The City of Dubuque may at any time grant the right to any other person or company to connect with said high pressure water main, for fire protection purposes only, upon paying to the said James Levi & Company a share of the cost of construction and maintenance of said line, to be estimated in the following manner : The payment to be made the said James Levi & Company is to be in the proportion which the distance of the point of connection (running from Eighth Street south) bears to the total distance of the line. Any person or company connecting at a point south of the most southerly point of connection (north of the connection of said James Levi & Company, ) shall pay said James Levi'& Company only in the proportion which the proposed connection bears to the total distance lying between the said prior point 'of connection and the connection of said James Levi & Company. Any person or company desiring to make a connection at a point north of the last point of connection, shall pay to the person or company connected at the point next south in the proportion of the dis- • tance south which said proposed new connection bears to the total distance between the two connections intermediate to which the said new connection is to be made. The intention hereof is that no person or company constructing or connecting with said pipe line is to be reimbursed in an amount in excess of the actual expenses advanced. The cost of maintaining said line is to be borne equally by all persons connecting with same, including the said James Levi &. Company. Sec. q.. The said James Levi & Company shall, at or be- fore the time of accepting the provisions of this Ordinance and its regular publication in the official newspapers, file with the Recorder of the City of Dubuque a proper bond, in the sum of one hundred dollars, to be approved by the Mayor ofsaid City, Obligating the said James Levi & Company to keep the streets and alley in which excavations are made in pursuance of the laying of the pipe in question in good condition and repair 28 434 SPECIAL ORDINANCES wherever such excavations have been made, for a period of one year after the completion of the work, and that they will restore said alley and streets to the same condition in which they were prior to the commencement of said work, all of which is to be done to the satisfaction of the Street Commissioner and the Committee on Streets of said City. Sec. 5. On completion of the laying of the main as herein provided for, the said James Levi & Company shall file with the City Recorder of said City a sworn statement, showing the exact cost of said main and of installing the same, which state- ment is to be itemized. Failure to file such statement shall pre- clude the said James Levi & Company from the right of col- lecting from any person or company making connection' with said line the proportionate amount due the said James Levi & Company under Section 3 of this Ordinance. Sec., 6. This Ordinance shall be in force from and after its passage by the City Council and its publication one time in the Dubuque Telegraph -Herald and the Times -Journal news- papers, and its acceptance in writing by said James Levi & Com- pany. Adopted April 1, 1909. Approved April 3, 1909. Published April 8, 1909. Accepted April 8, 1909. AN ORDINANCE providing for the widening and improVe- tnent of a part of Iowa Street and First Street and for the exemption of certain property of McFadden Coffee and Spice Company. ,=3 Whereas; McFadden Coffee and Spice Company has con- veyed to the City of Dubuque, Lot Number Two (2) of the sub -division of City Lots, 529 and 530, according to the re- corded plat of said sub -division, for the purpose of increasing the width of First and Iowa Streets in front of said lots, 529 and 530 ; now, therefore, in consideration of said conveyance and other good and sufficient considerations, SPECIAI, ORDINANCES 435 Be it Ordained by the City Council of the City of Dubuque : Section T. That said Lot two (2) of said subdivision shall form and constitute part of said First and Iowa Streets and, together with the entire width of said streets in front of and abutting upon the remaining portion of said Lots 529 and 530, shall be graded, paved, guttered and curbed in good and substan- tial manner, according to such plans and specification as may be adopted by the City for that purpose, and that good and sub- stantial cement walks shall be laid along and in front of the entire width of Lot One (i) of said subdivision of City Lots 529 and 53o, being all of the remaining part of said City Lots. All of said grading, paving, guttering, curbing and sidewalks to be constructed and laid at the expense of the City, of Du- buque, without charge to said McFadden Coffee and Spice Com- pany. When said improvements shall, be completed in accord- ance with this Ordinance, then -and thereupon McFadden Coffee and Spice Company shall ,assume and occupy the relation of owners abutting upon said streets and improvements. Scc. 2. That Lot One (i) of the said sub -division of City Lots 529 and 53o, being the portion thereof owned by McFad- den Coffee and Spice Company, together with all the improve- ments which may he hereafter erected or placed thereon during the period of exemption, shall he exempt from taxation for all City purposes for a period of ten (i0) years from and after the completion and occupancy of any building thereon by said company, its successors or assigns, or from the time any build- ing erected thereon shall be sufficiently completed for occu- pancy. Scc. 3. This Ordinance to be in force and take effect from and after its passage by the City Council and its publi- cation one time in the Telegraph -Herald and Times -Journal, the official newspapers of the City of Dubuque. Adopted June 18, 1909. Approved June 29, 1909. Published June 3o, 1909. 436 SPECIAL, ORDINANCES AN ORDINANCE granting Anton Zwack permission to lay and maintain a sewer in Ries Street, in the City of Du- buque, to connect Lot 21, Oscar Taylor Sub -Division, with the Sanitary Sewer in kVindsor Avenue, and regulating such permission. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted Anton Zwack, of the City of Dubuque, Iowa, to lay at his own expense, a sewer along Ries Street, connecting Lot 21, Oscar Taylor Sub -Division, with the sanitary sewer now in Windsor Avenue, in said City. Sec, 2. Said sewer shall be laid under the direction and supervision of the City Engineer and Committee on Sewers of said City, and in accordance with plans and specifications to prepared by the City Engineer, said plans and specifications to cover a sewer' of such size and location as to make the improve- ment practicable and serviceable for the present and future use in connection with the general sewerage system in that vicinity. Sec. 3, The City of Dubuque may at any time grant the right to any other person or company to connect with said sewer, upon the latter paying to the said Anton Zwack the proper proportion of the cost of .construction :Of said sewer then due, any parties making subsequent connections to reimburse, in turn, the said Anton .Zwack and parties having made prior connections, in accordance with the just proportions then due the said Anton Zwack and parties having made such prior con- nections, the intention hereof being to reimburse those having paid for the cost of said sewer in such just and fair proportions as the then total number making use of said sewer bears to the cost of the sewer, no one to be reimbursed, however, in an amount in excess of the actual expense advanced. Sec. 4. The said Anton Zwack shall be entitled to the benefit of the provisions contained in Section 3 -hereof, only on his written acceptance of the terms of the Ordinance, and on filing, within 20 days from the time of the completion of said sewer, in the office of the City Recorder of said City, an item- ized sworn statement of the actual cost of the construction of _ said sewer. Failure to file such statement shall be deemed to constitute a waiver of said benefits, and shall entitle any person SPECIAL, ORDINANCES 437 or company to snake connections with said sewer without cost, provided due consent to the making of such connections be first .obtained from said City. Sec. 5. This Ordinance shall be in force and effect from and after its passage by the City Council and its publication one tithe in the Times -Journal arid Telegraph-tIerald, official news- paperS of said City, and its written Acceptance, duly indorsed hereon, by said Anton Zwack. Adopted August nth, 1911. Approved August 12, 1911. Published August 17, i 911. Accepted August 12, 191 E AN ORDINANCE in relation to the Taxes of K'r"etschmer Manufacturing Company and Kretschmer Building Com- pany. 1TVkereas, on or about July 3o, 19ii, the entire plant of the Kretschmer Manufacturing Company, situated on Lots Pour Hundred Seventeen (417), Four Hundred Eighteen (418) and Four Hundred Nineteen (419) in the City of Du- buque, Iowa, was destroyed by fire, and Whereas, for the purpose of reestablishing said business on. said property it is now proposed to organize a separate cor- poration to be named Kretschmer Building Company, to ,con- struct on said property a new and substantial building, suitable for carrying on the business of said Kretschmer Manufactur- ing Company, and to be leased to said Kretschmer Manufactur- ing Company, on such terms that the said Kretschmer Manu- facturing Company will be obliged to pay whatever taxes are assessed thereon, and, Whereas, the capital stock of said Building Company is being subscribed by the Dubuque Industrial Corporation, and various other corporation, firms and• individuals for the pur- pose of enabling said business to be continued, arid, Whereas, the business of said Kretschmer Manufacturing Company is largely manufacturing and it is a substantial em- 438 SPECIAL, ORDINANCES ployer of labor and it is the settled policy of this City to en- courage the establishment and maintainence here of manu- facturing plants giving employment to its citizens, and, Whereas, it is believed that during the next ten years the sum of Five Thousand ($5000.00) Dollars should be a suffic- ient valuation for taxation purposes of the entire property, real and personal, used in connection with said manufacturing busi- ness at said location, and, Whereas, it would take a considerable part of the present year, 1912, to construct said building, now therefore, Be it Ordained by the City Council of the City of Dubuque : Section 1. That for the period of ten years commencing with the year 1913 and provided that during said period the property herein mentioned shall be used for manufacturing pur- poses, as herein contemplated, the valuation for the purposes of City taxation of City Lots Your Hundred Seventeen (417), Four Hundred Eighteen (41 8) and Four Hundred Nineteen (419) in the City of Dubuque, Iowa, together with the im- provements that are or may during said period be put thereon and the personal property owned or used by the .said Kretsch- mer Manufacturing Company in connection with its plant and business located on the lands above described shall be fixed at the sum of Five Thousand ($5000.00) Dollars. - Sec. 2. This Ordinance shall be in force and take effect from and after its passage -by the City Council and its publica- tion one time in the Telegraph -Herald and Times -Journal, the official newspapers of the City of Dubuque: Adopted February 1, 1912-. Approved February. 3, 1912. Published February 9, 1912. AN ORDINANCE granting unto Dubuque Hotel Company, its successors and assigns, the right to erect and maintain - an arch over a portion of the Alley between Main and Iowa Streets in the City of Dubuque. Whereas, by an Ordinance of this City, adopted August 7, 1873, and appearing at page 55 of the printed copy of the second revision of Ordinances passed by the City Council of the City SPECIAL ORDINANCES 439 of Dubuque subsequent to Revised Ordinances of 1869 author- ity was granted to William W. -Woodworth, his heirs and as- signs, to build and perpetually maintain an arch over the alley between Main and Iowa Streets separating City Lots 5 and 196 for a distance of 6o feet north from thejnorth line of Second Street, the said arch not to be less than II feet in height from the grade of the alley to the under side of the crown of the arch, and, Whereas, the said William W. Woodworth did construct an arch as contemplated by said Ordinance and the same be- came and was a part of the hotel building subsequently known as the Hotel Julien, and same was continued and maintained until said building was recently destroyed by fire and the Du- buque Hotel Company have acquired said property and are about to construct a hotel building, occupying the property used by said Hotel Julien and other adjacent property, and desires to have the arch over said alley extend about 6 feet further north than the arch so previously constructed and maintained and is willing further to raise said arch 6 inches higher than stated in the said Ordinance granted to said William W. Wood- worth as aforesaid, now, therefore, Be it Ordained by the City Council of the City of Dubuque : Section 1. That the Dubuque Hotel Company, its suc- cessors and assigns, are hereby authorized to build and per- petually maintain an arch over the alley between Main and Iowa Streets separating said Lots 5 and 6 from City Lots 196 and 195 for a distance of 66 feet north from the north line of Second Street; the said arch not to be less than II feet, 6 inches in height from the grade of the alley to the under side of the crown of the arch on condition that said Dubuque Hotel Com- pany, its successors and assigns, shall ever hereafter hold said City harmless from all damages that may arise or be incurred by reason of the grant of the privileges hereby made: - Sec. 2. This Ordinance shall take effect and be in force from and after its passage and publication one time in the Telegraph -Herald and the Times -Journal, official newspapers of said City. Adopted October 29, 1913. Approved October 30, 1913. Published October 30, 1913. 440 SPECIAL, ORDINANCES' AN ORDINANCE granting A. P. Heeb permission to main- tain a Private Sewer in Rock Street, in the City of Dw buque, to connect Lots No. 3o and 31, in Parley's Sub - Division, ztitla the sanitary Sewer in Julien Avenue, and regulating such permission. Be it Ordained by the City Council: of the City of Dubuque : Section 1. That permission be and the same is hereby granted to A. F. Heeb of the City of Dubuque, Iowa, to main- tain a private sewer in Rock Street, in said City, to connect Lots No. 30 and 31 in Farley's Sub_division to the City of Dubuque With the sanitary sewer in Julien Avenue, said sewer having already been constructed at the private expense of said A. P. Heeb, and consisting of eight -inch file • pipe, laid at a depth of about five feet, in the middle of said Rock Street, the permission herein granted being subject to the following conditions: Sec. 2. The said City of Dubuque does not assume any obligations. to repair of maintain said sewer, but all expenses incident to such repair or maintenance shall, at the option of the City, be chargeable to the said A. F. Heeb; and should the City at any time find it necessary or advisable to order a new sewer in said Rock Street, consent to the laying of the private sewer herein referred to shall not be deemed to be a waiver on the part of said city on the right to make assessment for said new sewer in any lawful manner. Sec. 3. Said A. F. Heeb shall, by accepting the terms hereof, at all times hold said City safe and harmless from any damages, costs or expenses to which the city may be subject, in any manner whatsoever, by reason of the existence and main- tenance of the said sewer herein referred to. Sec. 4. The City of Dubuque may at any time grant the right to any other person or company to connect with said private sewer, upon the latter paying to the said A. F. Heeb the proper proportion of the cost of construction and maintenance of said sewer then due, any parties making subsequent connections. to reimburse, in tarn, the said A. F. Heeb and parties having made prior connections according to the just proportions then due said A. F. Heeb and parties having made such prior connections, the intention hereof being to reimburse those having paid for the cost of said sewer in such just and fair proportions as the SPECIAL ORDINANCES 441 then 'total iiunmber making use of said sewer bears to the cost of the sewer, no one to be reimbursed, however, in an exces' of the actual expense advanced. Sec: 5. That said A. F. Heeb shall be entitled to the bene- fits of the provisions contained in Section 4 hereof only on his written acceptance of the terms of this Ordinance, and on filing, within twenty (20) days from the time this Ordinance goes into effect, in the office of the City Recorder of said City, an itemized sworn statement of the actual cost of the construction of .said sewer. Failure to file such statement shall be deemed to constitute a waiver of said benefits, and shall entitle any person or company to make connections with said sewer with- out cost, .provided due -consent to such connection, be first ob- tained from said City. Sec. 6. This Ordinance shall be in force and effect from and after- its passage by the City Council and its publication one time in the Times -Journal and Telegraph -Herald, official news- papers, and its written acceptance, duly endorsed hereon, by the said A. F. Heeb. Adopted February 2, 191 1. Approved February 8, 1911., Published February 14, 1911. Accepted February 9, 1911. AN ORDINANCE in relation to the Taxes of the Brunswick, Bcclke, Collender Company. 'Whereas, negotiations are now pending between the Du- buque Industrial Corporation, the Chicago Great Western Rail- road Company; and The Brunswick, Balke, Collender Com- pany, by which the said Brunswick, Balke, Collender Com- pany is to remove its wood working factory now located at Chicago, Illinois, to this City, and to establish and maintain at this City a large wood working factory, furnishing employ- ment to a large number of men, and, Whereas, said factory is to be located on land now owned by the said Chicago Great Western Railroad Company, and heretofore used by it in connection with its division terminals 442 SPECIAL, ORDINANCES at Dubuque, said land being situated partly within and partly outside the present limits of the City of Dubuque, and being a tract of approximately thirty-three acres, and comprising a part of Jot one (1) of the sub -division of Mineral Lot Three Hun- dred Sixty Three (363) within the City of Dubuque, and a part of Lots Two (2) of Three (3) and of Two (2) of One (i) of the southeast quarter (S. E. ') of the southeast quarter (S. E. /) of Section Eleven (11) , and of Lot One (1) of the northeast quarter (N. E. /) of the southeast quarter (S. E. ' ) of Section Eleven (1 i ), all in Dubuque Township outside of the present City limits of the City of Dubuque, and all of said land has heretofore, for'the purposes of assessments and taxa- tion, been included with the other property of said Railroad Company, and has not been separately assessible, and, Whereas, by way of assisting said Brunswick, Balke, Collender Company on account of the expense incident to removing said factory to this City, the said Dubuque In- dustrial Corporation has provided for a substantial amount of cash to be contributed by citizens of this City towards the cost of the new factory buildings so to be constructed, and the said Railroad Company has agreed to donate the said land on which said manufacturing plant is to be located, the title to said land for a term of years to be held by said Dubuque Industrial Cor- poration, and it is a settled policy of this City to encourage the establishment and maintenance here of. manufacturing plants giving employment to its citizens, and, Whereas, it has not yet been determined what portion of the said manufacturing plant so to .be established on said lands will be within and what portion will be without the limits of this City, and it is believed that during the next ten years the sum of Fifteen Thousand ($15,000.00) Dollars should be a sufficient valuation for taxation purposes of the entire prop- erty, real. and personal, used in connection with 'said manu- facturing business at said location, and that for said period the valuation for City taxation of such part of said property as may be located within the limits of said City should be such portion of said sum of $15,000.00 as the value of that part thereof with- in the limits of the City, when compared with the entire valua- tion of said property, bears to .the said sum of $15,000.00, and, Whereas, it is contemplated that. it will take all of this year 1911 to construct said factory, now, therefore, SPECIAL, ORDINANCES 443 Be it Ordained by the City Council of the City of Dubuque : Section 1. That for the period of ten years commencing with the present year 19 i i, and providing that during that said period the property herein mentioned shall be used for manu- facturing purposes as herein contemplated, the valuation for the purposes of City taxation of that part located within the limits of the City of Dubuque and subject tb City taxation of the property owned or used by the said Brunskick, Balke, Col - lender Company in connection with its manufacturing plant located on the. lands heretofore referred to, including the lands, buildings, machinery, tools, appliances, equip- ment, fixtures, stocks of material, and manufactured pro- duct, and all other of said property shall be as follows : For the year 1911 it shall be exempt from taxation and for the succeed- ing nine years the valuation and assessment shall be for such. amount only as that portion of said property located within the limits of the City of Dubuque, when compared with the entire valuation of said property, bears to the sum of $15,000.00, and said property shall for said years be exempt from taxation for any amount in excess of the amount herein provided. Sec. 2. This Ordinance shall be in force and take effect from and after its passage by the City Council and its publi- cation one time in the Telegraph -Herald and. Times -Journal, the official newspapers of the City of Dubuque. -- Adopted January 24, 1911. Approved January 24, 1911. Published February 22, 1911. AN ORDINANCE granting Dubuque College permission to cross under Cox Street with a Pipe runnel from building on northeast corner to building on northwest side of Cox Street. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby granted Dubuque College to construct a tunnel 4 feet wide and 5 feet high, with reinforced concrete 12 inches on the side walls, 4 inches on the bottom and 8 inches on the top, the top 444 SP CIAL OIWINANC S to be reinforced with 3-4 bar 6 inches on center crossing tunnel and 14 inches on center running lengthwise of tunnel, said tun- nel to connect the building of said Dubuque College on the northeast corner of Cox Street with the buildings of said col- lege on the northwest side of Cox Street and running under said street, said tunnel to be located below all pipes, sewers, etc., that may be in said Cox Street, subject to the conditions herein con- tained. See. 2. The tunnel aforesaid shall be constructed aiid maintained in such a manner as to make travel upon arid over Cox Street as perfectly safe, and to preserve condition of said street as perfectly as though no such tunnel existed. Sec. 3. Said Dubuque College shall agree, as a condition precedent to the granting of this privilege, and shall guarantee -by the acceptance of the terms hereof, to fully protect and save the City of Dubuque harmless as to any claire, damages or liabilities of any kind which may arise because of the con- struction and maintenance of said tunnel, and in any suit which may arise because of said tunnel, said college shall, at the direction of said City, make all necessary defense to said suit and fully indemnify said City as to arty expense for outlays or liabilities to which said City may be subjected because of said suit. Sec. 4. In the event that said City of Dubuque shall deem .at any time said tunnel unsafe, of for any other reason con- sider its removal necessary or advisable, said City may order the immediate removal of same and restoration of the street in question to proper condition, within a reasonable time from such order, and on refusal of said college so to remove same, said City may do so, at the expense of said college. Sec. 5. Said Dubuque College shall, as a further condi- tion of the grant herein contained, file with the City Recorder a bond •in the sum of One Hundred ($ioo.00) Dollars as a guarantee that the street affected by the tunnel aforesaid will be kept in repair for one year after the completion .of the work, said furnishing of bond, however, to be in no way construed as relieving said college from the terms and conditions hereof as hereinbefore set out. Sec. 6. This Ordinance shall be in force and effect from and after its passage by the City Council and its publication SPECIAL ORDINANCES 445 one time in the official newspapers in said City, and when written acceptance thereof duly indorsed hereon shall be made by said Dubuque College. Adopted July 2, 1914. Approved July 3, 1914. Published July 8, 1914 Accepted July 6, 1914. AN ORDINANCE granting St. Joseph's College permission to maintain a Private Sewer in Cox Street, in the City of. Dubuque, the same to start at manhole in West Fourteenth Street at Cox Street and extend approximately four hun- dred and twenty-five feet north, and regulating permis- sion. .? Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be and the same is hereby, granted to the St. Joseph's College of the City of Dubuque, Iowa, to maintain a private sanitary sewer in .Cox Street, the same tostart at the manhole in West Fourteenth Street at Cox Street and extend approximately four hundred and twenty- five feet north, said sewer having already been constructed at the private expense of said St. Joseph's College, and consisting of eight -inch tile pipe, laid at a depth of about five feet, in the middle of said Cox Street, the permission herein granted being subject to the following conditions : Sec. 2. The said City of Dubuque does not assume any obligations to repair or maintain said sewer, but all expenses incident to such repair or maintenance shall, at the option of the City, be chargeable to the said St. Joseph's College, and should the City at any time find it necessary or advisable to order a new sewer in said Cox Street, consent to the laying of the private sewer herein referred to shall not be deemed to be a waiver on the part of said City on the right to make assess- ment for said new sewer in any lawful manner. Sec. 3. Said St. Joseph's College shall, by accepting the terms hereof, at all times hold said City safe and harmless from 446 SPECIAL. ORDINANCES any damages, costs or expenses to which the City may be sub- ject, in any manner whatsoever, by reason of the existence and maintenance of the said sewer herein referred to. Sec. 4. The City of Dubuque may at any time grant the right to any other person or company to connect with said private sewer, upon the latter paying to the said St. Joseph's College the proper porportion of the cost of construction and maintenance of said sewer then due, any parties making subse- quent connections to reimburse, in turn, the said St. Joseph's College and parties having prior connections according to the just proportions then due said St. Joseph's College and parties having made such prior connections, the intention hereof be- ing to reimburse those having paid for the cost of said sewer in such just and fair proportions as the then total number mak- ing use of said sewer hears to the cost of the sewer, no one to be reimbursed, however, in an excess of the actual expense ad- vanced. Sec. 5. That said St. Joseph's College shall be entitled to the -benefits of the provisions contained in Section 4 hereof only on their written acceptance of the terms of this Ordinance, and on filing, within twenty (2o) days froth the time this Ordinance goes into effect, in the office of the .City Recorder of said City, an itemized sworn statement of the actual cost of the construction of said sewer. failure to file such statement shall be deemed to constitute a waiver of said benefits, and shall entitle any person or company to make connections with said sewer without cost, provided due consent to such connection be first obtained from said City. Sec. 6. This Ordinance shall he in force from and after its passage by the City Council and its publication one time in the Times -Journal and Telegraph -Herald, official newspapers, and its written acceptance, duly endorsed hereon; by the said St. Joseph's College. Adopted May 14, 1914, Approved May 15, 1914. Published June 5, 1914. Accepted June 5, 1914. SPECIAL ORDINANCES • 447 AN ORDINANCE granting to the House of the Good Shepherd and St. Joseph's Sanitarium permission to con- struct a Sanitary Sewer connecting with the City sewer at its junction at Wilrow and St. Ambrose Street, and ex- tending from its junction at Willow and St. Ambrose Streets along Willow and Asbury Streets to the City lin2its itt the end of Asbury Street, providing for the pay- ment of the cost thereof, and regulating the construction use and maintenance thereof. Be it Ordained by the City Council of the City of Dubuque : Section 1. That permission be, and the sante is hereby granted, to the House of the Good Shepherd and St. Joseph's Sanitarium, their successors and assigns, ; to construct a sani- tary sewer beginning at the junction of the City sewer at Wil- low and St. Ambrose Streets, thence along Willow and Asbury Streets to the City limits at the end of Asbury Street in the City of Dubuque. Sec. 2. That permission be, and the same is hereby granted to the said House of Good Shepherd and St. Joseph's Sanitar- ium to connect said sanitary sewer with the City sewer at its junction at Willow and St. Ambrose Streets. Sec. 3. That the expense and cost of consteucting and maintaining the sanitary sewer as above described shall be paid by the said House of Good Shepherd and St. Joseph's Sanitarium, and that no part of said expense shall be borne .by the City of Dubuque. Sec. 4. That after said sanitary sewer has been con- structed as above described all persons living along and adjacent to said sewer, shall have the right to ,connect therewith, but such right shall only be granted upon a proper application be- ing made to the City Council of the City of Dubuque, and by paying to the House of Good Shepherd and St. Joseph's Sani- tarium the applicant's proportionate part of the cost of erecting said sewer, without interest, based on the lineal 'frontage of his property on said streets, which payment must be established to the satisfaction of the City Council before the right to con- nect shall be granted. Sec. 5. That the total cost of the construction of said sanitary sewer shall be made a matter of record and ,preserved in the office of the City F?ngineer of said City of Dubuque. 44b SPECIAL, QRDINANCES Sec. 6. That the construction of said sewer shall be done under the supervision of the City Engineer of said City and the Committee on Streets. Sec. 7. That after said sewer has been laid and completed, said streets in which said sewer has been laid shall be put back in as good condition as they were before they were torn up for the purpose of receiving said sewer, and the House of Good Shepherd and St. Joseph's Sanitarium shall be held responsible for any and all damages which may arise out of the construc- tion and maintenance of said sewer. Sec. 8. That this Ordinance shall take effect and be in force from and after its passage and publication in 'the official newspapers of the City of Dubuque, and written acceptance thereof on the part of said House of Good Shepherd and St. Joseph's Sanitarium duly endorsed hereon. • Adopted June 3o, 1916. Approved July 7, 1916. Published June 1o, 1916. . Accepted July 3, 1916. AN ORDINANCE granting unto Roshek Bros. Company, its successors and assigns the right to erect/and maintain an enclosed Bridge over and across a portion of the alley ex- tending from Seventh to Eighth Streets, between Main and Locust Streets, in the City of Dubuque, Iowa, with certain conditions and obligations and restrictions regard- ing the same. Be it Ordained by the City Council of the City of Dubuque : Section 1. That Roshek Bros. Company, a corporation organized tinder the laws of the State of Iowa, with its princi- pal place of business at Dubuque, Iowa, its successors and as- signs, be and are hereby authorized to erect and maintain for a period of fifteen years an enclosed bridge or arch approxi- mately sixty feet in length and twelve feet wide, extending from the building now occupied by said Roshek Bros. Company, situated on Lots Fifty-six (56), Fifty-seven (57) and the SPECIAL, ORDINANCES 449 north Twenty-three (23) feet of Lot Fifty-eight (58), in the City of Dubuque to the Wallis Building (so-called), situated on Lots One Hundred and rorty -one (141), One Hundred and Forty-two (142), and One Hundred and Forty -three -A (14.3a), in the City of Dubuque, and over and across the alley extending from Seventh to Eighth Streets, between Main and Locust Streets in the City of Dubuque, Iowa, the said bridge or arch to be not less than eighteen feet from the grade of the alley to the underside of the crown of the bridge or arch and on condition that said Roshek Bros. Company, its successors and assigns shall ever hereafter hold said City harmless from all damages that may arise or be incurred by reason of the grant of the privileges hereby made. Sec. 2. This Ordinance shall take effect and be in force from and after its passage and publication one time in the Telegraph -Herald and Times -Journal official newspapers of said City. Adopted February 14, 1918. Approved February 15, 1918. Published February 15, 1918. AN ORDINANCE granting to the Standard Oil Company the right to install and maintains pipe lines for the -conveyance of oil from the river front on Water Street and Camp Street west to the Standard Oil Company Plant. Be it Ordained by the City Council of the City of Dubuque : Section i. That the right is hereby granted to the Stand- ard Oil Company to install and maintain two lines of pipe, for the conveyance of oil from barges on the Mississippi to their plant on South Main and Camp Streets, said pipe lines when constructed, shall begin at the. river front on Water Street, thence on Camp Streets, thence from Camp Street west to Standard Oil Company plant, said lines of pipe to be laid under the surface of the ground on the route described, and shall be placed at such a depth so as not to obstruct or interfere with traffic in any manner. 29 45.0 SPECIAL ORDINANCES Sec. 2.. That said pipe lines shall be constructed of pipe not less than four inches in diameter nor more than eight inches in diameter. Sec. 3. It shall be the duty of the Standard Oil Company in its construction of said pipe lines to carry on said wbrk in a careful and prudent manner so that there shall be no danger of accident to the public, and it shall, when tearing up streets. and other public places to dig its trenches within which the pipes shall be laid, protect said excavation by placing along the line of trench dug prosper guards and signals as a warning to the public. Sec. 4. It shall further be the duty of said company to replace the streets and other public places which it has caused to be torn up in as good condition as they were before.the same were disturbed. Sec.. 5. The Standard Oil Company, its successors and As- signs do hereby assume all responsibility for the proper main- tenance of said pipe lines and do expressly agree to be liable . for all damages which may result to any persons, firms or corporations who may suffer damages by reason of the main- tenance of said pipe lines. Sec. 6. This Ordinance is to go into effect upon its passage by the City Council of the City of Dubuque and its acceptance in -writing by the Standard Oil Company, and its publication in the official papers of said City, such acceptance to be made within ten daysafter 'the same has been duly passed by the City Council, Adopted December '6, 1917. Approved December 7, 1917. Published December 24, 1917. Accepted. r 1•111111111116 MI 1 .11 11 11 1 1 1. 452 INDEX INDEX A ABATEMENT OF NUISANCES : (See Nuisances). ACTIONS: Section Page 12 48 ADDITIONS TO THE CITY: (See Platting of Ad- ditions). ALDERMEN: Provisions of charter in regard to 32 • Term of 10 47 Compensation of 24 52 Vacancy in office of 14 48 AMERICAN DISTRICT TELEGRAPH COMPANY: (See Special Ordinances). ANIMALS : (See dogs). (See animals—Restraint of). \ ANIMALS—RESTRAINT OF: Charter provisions in regard to 34 No animals at large 514 232 Poundmaster 515 232 Shall impound animals 516 232 Fees for discharge 516 232 Sale of animals 517 232 Penalty for violation 518 233 ANNUAL APPROPRIATION OF FUNDS: (See Fiscal Year). APPOINTIVE OFFICERS: Offices may be abolished 26 52 Compensation—How fixed 26 52 How appointed 27 53 Compensation shall be fixed by Council 28 53 Council may remove 29 53 Street Commissioner 74 67 Sidewalk Inspector 77 68 INDEX 453 Section Page Committee Clerk 79 69 Harbor Master 80 70 Water Works Trustees i 101 77 Bathing Beach COmmission • 104 78 Levee Improvement Commission 110 79 Board of Trustees—Carnegie-Stout Free Public 80 City Electrician 136 90 Members of the Board of Health 156 99 City Physician 159 100 Sanitary Officer 161 101 Food Inspector 169 104 Market Master 213 116 ARREST: Power of •Marshal to 72 66 ASSESSMENT: ' Power to assess property for taxation given by charter 36 Manner of making 62 63 Assessor shall make 62 63 ASSESSOR: Term of 10 47 Compensation of 24 52 Duties of .60 62 Shall appoint assistants 14 61 63 Shall make assessments 62 63 Duties of in making assessments 62 63 Penalty for failure to furnish statement to 64 64 Shall deliver books to Board of Equalization 65 64 Shall prepare tax books 65 64 Shall complete tax books 66 64 Shall attend meetings of Board of Equalization 425 197 Shall list dogs for taxation 527 235 ATTORNEY: (See City Attorney). AUCTIONEERS: License required 461 213 AUDITOR: Charter provisions in regard to 38 Term of 10 47 Compensation of , 24 52 Duties of 52 59 Shall keep records 52 59 454 INDEX Section Page Shall keep records of bonds 53 • 59 Shall countersign warrants 53 59 Shall make reports 4 54 60 Shalt make monthly statements to Council 55 60 General duties and powers 56 60 Shall prepare and publish annual reports 56 60 Assessor shall assist in assessing omitted property 67 64 Duties in regard to collection of taxes 433 200 Shall keep account of taxes collected 422 203 Shall keep record of tax sales 447 206 Time of opening accounts 630 258 AUTOMOBILES: Traffic regulations 395 17.6 B. BATHING BEACH COMMISSION: How constituted 104 78, Appointment 105 78 Term of office 105 78 Powers and duties 106 79 Shall file annual report 106 79 Shall receive no compensation 107 79 Shall make rules and regulation 108, 79 BELL BROTHERS COMPANY: (See Special Ordinances). BENAJAH BARKER AND. HARVEY B. SPELMAN: (See Special Ordinances). BILLIARD AN•D POOL ROOMS License required 461 213 BILLPOSTERSAND DISTRIBUTERS: License required 461 213 BILLS: For property purchased for City 638 261 BOARDS AND COMMISSIONS: (Title V.) BOARD OF EQUALIZATION: (See Levying and col- lection of Taxes), f.d INDEX 455 Section Page BOARD OF HEALTH: Mayor shall be chairman 37 55 Recorder shall be cleric of 46 57 Recorder shall keep record of proceedings 46 57 How constituted 156 99 Appointment 156 99 Term of office 156 99 Proceedings of the Board 157' 99 Meetings of the Board 158 100 Shall appoint a City Physician 159 100 Contagious disease physician -'duties 160. 100 Sanitary Officer—appointment and duties 161 101 Sanitary Officer shall enforce rules and regulations 161 101 Rules and Regulations of 163 101 May prohibit public gatherings , 164 102 May order persons to be vacinated 164 102 Power to enforce orders 165 102 Expense of enforcing rules and regulations may be assessed as •a special assessment _ 165 102 Shall report proceedings to Council 166' 103 May order connections, with sanitary sewer 202 112 Penalty for violations of rules and regulations 538 238 BOARD OF POLICE AND FIRE COMMISSIONERS: Shall appoint Chief of Fire Department 129 88 May remove members of Police and Fire Departments 139 93 BOARD OF TRUSTEES OF CARNEGIE-STOUT FREE • PUBLIC LIBRARY: Term of office 112 80 Qualifications 112 80 Powers and duties 113 81 Shall draw orders on the treasury 114 82 Shall make annual report 116 82 BOARD OF TRUSTEES OF POLICEMEN'S PENSION FUND: (See Policemen's Pension Fund). How constituted 145 95 BOARD OF WATER WORKS TRUSTEES : (See Water Works Trustees). BONDS: (See Official Bonds). BONDS: Charter provisions in regard to 38 Charter provisions in regard to interest on 41 Auditor shall keep record of 53 59 456 INDEX Section Page For excavating in Streets, Avenues and Alleys 376 169 For erecting signs 388 173 BOOK AGENTS: License required 461 213 BOOTH AND STOUT: (See Special Ordinances). BOUNDARIES OF CITY: City Charter 30 BOWLING ALLEYS: License required 461 213 BRUNSWICK, BALKE, CaLENDER COMPANY: (See Special Ordinances). BUILDINGS: Charter provisions in regard to regulation of BUILDING REGULATIONS: (See Fire limits). BUILDING REGULATIONS: (Title XIII). BURCH, GEO. B., TRUSTEE: (See Special Ordinances) c CARR, RYDER & ADAMS COMPANY: (See Special Ordinances). CARR, RYDER AND ENGLER COMPANY: (See Special Ordinances). CENTRAL MARKET: (See Public Markets). CHARGES AGAINST CITY OFFICIALS : How preferred Hearing on CHARTER: Shall be taken as public act CHICAGO, BURLINGTON AND NORTHERN R. R COMPANY: (See Special Ordinances). CHICAGO, GREAT WESTERN RAILROAD: (See Special Ordinances). CHICAGO, MILWAUKEE AND ST. PAUL RY. CO (See Special Ordinances). 33 20 50 21 51 •42 INDEX 457 Section Page CHIEF OF FIRE DEPARTMENT: (See Fire Department) . CHIEF OF POLICE: Shall also be City Marshal 73 67 Appointment 138 92 Shall appoint members of Police Department 138 ' 92 Shall choose officers of Police Department 138 92 IVMay remove or suspend members of Police Department 139 93 Shall make monthly reports 140 93 Shall be member of Board of Trustees of Policemen's Pension Fund 145 95 Shall superintend cleaning of sidewalks 400 185 May revoke licenses 460 212 Shall appoint Poundrnaster 515 232 Shall have charge of impounded animals 516 232 Shall collect fees 516 232 Shall sell animals 517 232 CITY ATTORNEY: Charter provisions in regard to Compensation of 24 52 Special duties of 57 61 Shall make annual report 57 61 Has authority to draw order upon Treasury 58 62 Shall make report of orders drawn on Treasury 58 62 Special powers 58 62 General powers and duties 59 62 Shall be member of Board of Trustees of Policemen's Pension Fund 145 95 Shall prosecute violations of City Ordinances 537 237 38 CITY AUDITOR: (See Auditor). CITY ASSESSOR: (See Assessor). CITY CHARTER: (Title L): CITiY COUNCIL: (See Council). CITY ELECTRICIAN: Appointment of 136 90 Shall have supervision of telephone lines 247 126 CITY JAIL: Power to establish—Charter provisions in regard to CITY OFFICERS: (See City Officials). 34 4$8 INDEX Section Page CITY OFFICIALS: (Title III.). Officers to be elected 9 47 Term of office of 10 47 Shall give bond• 11 47 Shall take oath 4 13 48 Appointment of deputies or assistants to 15 49 Deputies shall act for 17 49 Grounds for removal { 19 50 Mayor may require reports 33 54 CITY PHYSICIAN: (See Board of Health). CITY WATER WORDS: (See Water Works Trustees) Fund of 103. 77 Superintendent 103, 77 CLAIMS : Power to audit and pay given by Charter 3.6 CLEANING OF SIDEWALKS: Who. responsible 399 185 Cost of cleaning 400 185 Special assessment for 400 185 Penalty for violation 401 186 CLERKS Council may appoint 15' 49 COMMITTEE. CLERK: Duties 79 69 Shall be Secretary to Mayor 79 69 Shall be purchasing agent 79 69 Shall be time -keeper 79 69 Shall be license clerk 79 69 Shall be clerk to Committee of the Whole 79 69 Shall keep record of proceedings of the Commitme of the Whole 79 69 Shall keep record of papers referred to Committee of the Whole 79 69 Shall issue orders for .purchase of personal property 638 261 COMMITTEE OF THE WHOLE: Committee Clerk shall act as clerk of 79 69 Clerk shall keep record of proceedings 79 69 INDEX 459 Section Page COMPENSATION: Charter provisions in regard to 33 Deputies and Assistants 16, 49 Of elective officers shall not be increased or reduced16 49 Of elective officers 24 52 Of appointive officers 28' 53 Fire Department 137 91 Police Department 142. 94 Members of the Board of Health 156 99 City, Physician 159 100 CQNNECTIONS WITH GAS,,, WATER AND SEWER: Shall be made Wore permanent improvement 349 160 Nonce 350: 161 Time of malting connections , 351 161 City may make. connections .., x 352. 161 May assess. as special assessments 353 161 CONTESTED ELECTIONS AND TI'E VOTES: How heard 91 74 Contestant shall file statement 92 74 Bond to be filed 93 75 Time of hearing 94 75,' Court of contest—how chosen 95 75 Hearing of contest 96. 75 Laws governing 96. 75 Judgment 97 75 Costs of contest 97 .75, Right of appeal 98 76 CONTAGIOUS DISEASE PHYSICIAN: (See Board of Health). CONTRACTS: How executed 631 259 COUNCIL: Rules of order of , , , ._ Z5 Provisions of Charter in regard to 33 Powers given by charter 33 May remove deputies and assistants 15 49 Shall fix number of firemen 23. 51 May fix compensation of appointive officers 26 52 May appoint officers 27 53 May remove appointive officers 29 53 May abolish appointive offices 29 53, Mayor shall call meetings 32. 54 460 INDEX Section Page Mayor shall preside at meetings of 32 54 Mayor not a member 32 54 Mayor shall vote in case of tie votes 32 54 Recorder shall prepare and publish proceedings of 40 56 Recorder shall keep record of committees 47 57 Shall fix compensation of members of Fire Depart- ment 137 91 May make regulations for Fire Department 137 91 Shall fix number of policemen 138 92 Power to establish public markets 208 115 Power to fix market hours 212 116 Power to order railroads to erect gates 226 120 Shall appoint Smoke Inspector 414 194 Shall act as Board of Equalization 415 194 May grant permit to erect signs 388 173 May grant permission to construct area ways 389 174 Record of proceedings 632 259 Shall approve monthly records L 634 259 Shall accept dedication of Streets in new additions 634 259 May order property filled or drained 648 264 Adoption of Revised Ordinances of 1919 655 266 CUTTING WEEDS: Owners shall cut 646 264 City may cut 646 264 Notice 647 264 Special assessment for cutting 647 264 CORN BELT PACKING COMPANY: (See Special Ordinances). • CRIMINAL JURISDICTION: Of Mayor 35 54 Of .Justices of the Peace 530 237 CRIMES—POWER TO PUNISH: Charter provisions in regard to 33 CULVERTS AND DRAINS: (See Railroads). D DAIRIES AND MILK PEDDLEDS : License required 461 213 DANCES AND DANCE HALLS : (See Public Dance Halls and Public Dances). INDEX 461 Section Page DANGEROUS BUILDINGS: (See Nuisances). DEPOSITING BUILDING MATERIAL IN STREETS, AVENUES AND ALLEYS : Must have permit 382 171 Must protect persons and property 383 172 Barriers and lights 384 172 Privilege limited 385 173 Penalty for violation 386 173 • DEPUTIES OR ASSISTANTS : Appointment—How made 15 49 Term of office 15 49 Removal of 15 49 Duties of 17 49 Compensation—How fixed 24 52 Assessor shall appoint 61 63 DENSE SMOKE: Nuisance 410 193 Who responsible 411 193 Smoke Inspector 413 193 Appointment of Smoke Inspector 414 194 Abatement Committee 415 194 Equipment 416 194 Records J 417 194 Terms defined 418 194 How applied 419 195 Districts 420 195 Enforcement 421 195 Temporary permits 422 195 Penalty for violation 423 196 DOGS: License required 519 233 When due 520 233 Harboring defined 522 234 Shall •have tag 523 234 Impounding 524 234 Vicious dogs 525 234 Shall not run at large 526 , 235 Dogs to be taxed 526 235 Owners shall list 527 235 Penalty •for violation 528 235 DRAINING AND FILLING: Council may order 648 264 Owner shall do work 649 265 462 INDEX Section Page May levy special assessment, , 650 265 Penalty for violation 652 265 City may do work '653 266 DUBUQUE, BELLEVUE AND MISSISSIPPI R.Y: COM- PANY: (See Special Ordinances). DUBUQUE BUTCHER'S ASSO.CIATIOW: (See Special Ordinances). DUBUQUE COLLEGE: (See Special Ordinances), DUBUQUE HOTEL COMPANY: (See 'Special Ordinances). DUBUQUE LUMBERMEN AND MANUFACTURERS' R, R. (See Special Ordinances). DUBUQUE AND MINNESOTA RY. COMPANY.: .(See Special Ordinances). DUBUQUE AND NORTHWESTERN RY, 'COMPANY: (See Special Ordinances). DUBUQUE PACKING AND PROVISION COMPANY: (See Special Ordinances). DUBUQUE; PONTOON BRIDGE COMPANY : (Sce Special Ordinances). DUBUQUE AND SIOUX CITY R, R, COMPANY': (See Special Ordinances). DUNLIETH AND DUBUQUE BRIDGE COMPANY (See Special Ordinances). E E. B. PIEKENBROCK & SONS: (See Special Ordinances). t LECTIONS: (Title V.). ELECTIONS: Provisions of Charter in regard to, 32 Time ,of holding .. 86 73 Officers of . - - tgg 73 Place of holding .88 ,73 Proclamation for - 89 73 Laws governing ,. 90 74 INDEX 463 Section Page ELECTIONS AND TIE VOTES : Contested elections i 91 74 ELECTIVE OPPICERS : (See City Officials). Compensation 24 Compensation shall not be changed • • 25 ELECTRICIAN: (See City Electrician). ELEVENTH STREET ELEVATOR COMPANY: (See Special Ordinances). ENGINEER: (See Streets, Avenues and 'Alleys). Compensation of Duties Shall prepare grades Shall keep record of grades Shall keep records General duties and powers Shall have supervision of underground telephone wires Duties in platting property 24 68 69 60 70 71 242 M4 52 82 52 65 65 65 65 66 128 263 EXCAVATIONS IN STREETS, AVENUES AND ALLEYS: Must have permit 371 168 Application for permit 374 1'69 Must make deposit 373-374 169 Permits 37.5 169 No permits to unauthorized person S 376 169 Liability on bonds 3» 169 Cancelling permits 378 170 No excavations in certain streets ' 380 170 Notice to be given 380 170 Emergency permits 381 171 F FARLEY & LORTSCHER MNFG. CO. (See Special Ordinances). PERRIES Power to license and regulate given by Chatter PERRY BOATS, LIVERIES AND LANDINGS: Who included 495 Terms defined 496 License required 497 36 226 226 226 464 License f ee INDEX Section Page 498 226 Must preserve order 499 226 Harbor Master must enforce 500 227 Penalty for violation 501 227 FENELON PLACE ELEVATOR CO. (See Special Ordinances). FIFTH WARD: Boundaries defined 2 44 Voting precincts defined 8 46 FILTH AND OBSTRUCTION IN STREETS, AVENUES AND ALLEYS: Who responsible 539 239 City may remove 540 239 Penalty for violation 541 239 Police shall report violations 542 239 FINES AND PENALTIES: (See Penalties). Misdemeanors). (Sec FINES: Charter provisions in regard to 37 FIRE DEPARTMENT: (Title VII). Charter provisions in regard to 33 Council shall fix number of firemen 129 88 Members—How appointed 129 88 Chief of—How appointed 129 88 Removal of members of Department 130 88 Powers of Chief 131 89 Chief shall file annual report 132 89 Duties and Powers of chief 133 89 _ Power of Chief at fires _ _ 134 90 Chief shall inspect buildings and enforce ordinances relating thereto 135 Power to condeinn dangerous buildings . 135 Attendance of members at public meetings to be paid for 135 Inspection of theatres and public buildings 135 City Electrician shall be 'member of 136 Council shall have power to make certain rules and regulations 137 91 FIRE LI•MITS: Established 404 188 Regulations applicable to building in fire limits 405 188 90 90 90 90 Penalty for violation INDEX 465 Section Page Council shall control buildings within 406 189 407 189 Repair and removal of damaged structure 408 190 FIRST WARD:.. Boundaries defined Voting precincts defined FISCAL YEAR: Defined Reports Funds 2 43 4 45 628 258 629 258 630 258 FLICK BOX COMPANY (See Special Ordinanc s FOOD INSPECTOR: Appointment Duties and powers FORTUNE TELLERS: License required FOURTH WARD: Boundaries defined Voting precincts defined FRANCHISES: (See Special Ordinances) 169 104 170-171 104 461 213 GENERAL POWERS OF THE CITY: Charter provision in regard to GROUNDS FOR REMOVAL: Of City officials GRADES: Charter provisions in regard to GRADES: (See Streets, Avenues and Alleys). (See Sidewalks) Engineer shall keep records of Engineer shall prepare 30 Of streets in new additions 2 44 7 46 30 19 50 35 69 65 69 65 643 262 INDEX HARBORING DOGS : (See Dogs). Section Page HARBOR MASTER: Appointment 80 70 Bond 80 70 Duties 81 70 Shall enforce regulations in regard to Ferry Boats, Liveries and Landings 500 227 H. B. GLOVER CO.: (See Special Ordinances). HEEB, A. F.: (See Special Ordinances). HOUSES: Must be numbered 639 262 Size of numbers 640 263 New buildings 641 262 How enforced 642 262 Penalty for violation 642 262 HOUSE OF GOOD SHEPHERD: (See Special Ordinances). HOTELS, BOARDING HOUSES AND EATING PLACES: License required 468 216 I ILLINOIS CENTRAL R. R. CO.: (See Special Ordinances). INGRAM, KENNEDY & DAY: (See Special Ordinances) INSTALLATION AND MAINTENANCE OF STREET LIGHTS: Regulations 402 186 ITINERANT DOCTORS: License required 461 213 .1 JAMES LEVI AND COMPANY: (See Special Ordinances) . JOHN T. HANCOCK COMPANY: (See Special Ordinances. 46� Section Page JUDGES AND CLERKS OF ELECTION (See Election Officers). JUNK DEALERS: (See Junk Dealers and Second Hand Dealers—Sales by minors). (See sales of certain property and providing means of discovery df same). Defined 470 218 License required71 218 Penalty for violation 472 219 JUNK DEALERS. AND SECOND HAND DEALERS: Sales by minors 543 240 Penalty for violation 544 240 JUSTICES OF THE PEACE: Have•• jurisdiction in prosecutions for violation of City Ordinances 530 236 K I Y CITY GAS COMPANY: (See Special Ordinances). INAPP, STOUT AND COMPANY: (See Special Ordinances). IRETSCHMER MNFG. CO:: (See Special Ordinaiices). LAWS GOVERNING: Election Contested elections LEVEE: (See Harbor Master). Defined 84 71 86 • 73 98 76 468 INDEX LEVEE IMPROVEMENT COMMITTEE: How constituted Term of office Shall give bonds Duties and powers LICENSES AND REGULATIONS OF CERTAIN BUSINESS: (Title XV.). Power. given by Charter LICENSES: Committtee Clerk shall receive applications for Recorder shall issue Auctioneers Billiard and Pool Rooms Book agents Bowling alleys Shooting gallaries Merry -Go -Rounds Skating Rinks Itinerant doctors Powder magazines Fortune tellers Bill poster Shoe shiners Dairies and milk peddlers Peddlers Street merchants Certain persons exempt Hotels, boardinghouses and eating places Junk dealers Dance halls and public dances Vehicles for •hire Drivers of licensed vehicles Perry boats, liveries and landings Theatres, circuses, etc. Pawnbrokers Second hand dealers Dogs LICENSES AND REGULATIONS : Application Recorder shall issue Recorder shall keep record of When licenses expire Cannot be transferred May be revoked Section Page 110 79 110 79 110 79 111 80 35 19 50 44 56 461 213 461 213 461 213 461 213 461 214 461 214 461 214 461 214 461 214 461 214 461 214 461 214 461 214 463 215 465 215 466 216 468 216 470 218 473 219 488 223 490 224 495 226 503 227 506 229 511 230 519 233 455 211 456 211 457 211 458 212. 459 212 460 212 INDEX M 469 Section Page MANNER OF KEEPING RECORD OF PROCEEDINGS OF COUNCIL: Record, of meetings 632 259 Printing record 633 259 Monthly record 634 259 Permanent record 635 260 MANNER OR PROSECUTING ACTIONS FOR VIOLA- TION OF' CITY ORDINANCES : How commenced 529 236 Jurisdiction 530. 236 Information 531 236 Arrests 532 236 No jury or change of venue 533 236 Release on bond 534 237 Judgment 535 237 Witness fees 536 237 Prosecution .537 237 MARKET AND MARKET PLACES : Power to erect and regulate given by Charter MARKETS AND MARKET PLACES: (See Public Markets). MARKET MASTER: (See Public Markets). Appointment . 213 Powers and duties 214 Shall have control of public scales 217 Shall act as public weigher 217 Police powers of 218 MARSHAL: (See Chief of Police). Charter provisions in regard to Duties and powers 72 Has power to arrest 72 Shall enforce ordinances 72 Shallmake monthly report to Council 72 Shall attend •meetings of the Council 72 Shall act as Chief of Police 73 MAYOR: Charter provisions in regard to Term of 10 Compensation of 24 Power to appoint officers 27 35 116 116 117 117 117 38 66 66 66 67 67 67 37 47 52 53 470 Section Page General powers 30 53 Special duties 31 53 Shall preside over Council 32 .54 Not a member of Council 32 54 Shall dote only in case of a tie at Council meetings 32 54 Must sign ordinances and resolutions 32 54 Right of veto 33 54 May require officials to report 33 54 Criminal jurisdiction Shall conserve the peace 35 54 35 54 Shall maintain office 36 54 Shall be chairman of Board of Health 37 , 55 Shall sign notice of quarantine 37 55 Shall appoint Board of Water Works Trustees 101 77 Shall appoint Bathing Beach Commission 105 78 Shall appoint members of Levee Improvement Com- mission 110 79 Shall appoint Board of Library Trustees 111 80 Shall appoint Police Matrons 138 92 May appoint special policemen and watchmen 138 92 May revoke licenses 460 2}2 Has jurisdiction in prosecutions for violation of City Ordinances 530 236 Information in prosecutions may be filed with 531 236 Shall sign contracts 631 259 MAYOR PROTEM : Appointment 38 55 Shall act—when , 38 55 Powers and duties of 38 58 MEAT, MILK AND OTHER FOOD COMIVIODITI'DS : Food Inspector has power to inspect and condemn 170 104 MERRY-GO-ROUNDS : License required 461 214 MISCELLANEOUS ORDINANCES: (Title XVIII.) McFADDRN COFFEE AND SPICE CO.: (See Special Ordinances). MISDEMEANORS: (Title XVII.). Offenses Against the Public Peace. Failure to assist Assessor 63 63 Violating rules and regulations of Board of Health 538 238 Depositing filth in streets, avenues and alleys 541 239 Purchasing property from minors 544 240 INDEX 471 Section Page Purchasing certain property 547 Disturbing the Peace 548 Disturbing the peace—on premises 549 Disturbing the peace by fighting 550 Disturbing public meetings 551 Disturbing the peace—bells, gongs 552 Offense's Against Public Morals and Decency Houses of ill-fame—keeping 553 242 Houses of ill-fame=imnates 554 242 Houses of ill -farmer e—frequenting 555 243 Disorderly conduct 556 243 Disorderly houses—keeping 557 243 Disorderly houses—keeping 558 243 Disorderly halls, pool rooms, etc. 559 244 Frequenting disorderly houses 560 244 Letting house or room for immoral uses 561 244 Indecent behavior 562 244 Indecent behavior—books, pictures, etc. 563 244 Indecent behavior—bathing in the river 564 244 Drunkenness 565 245 Vagrancy 566 245 Loungers and Loafers 567 245 Keeping gambling house 568 245 Gambling 569 245 Frequenting gambling house 570 245 Seizure and destruction of gambling devices 571 246 Slot machines 572 246 Pool rooms, card roms, etc., allowing minors in 573 246 Offenses Against Public Safety. Resisting an officer 574 246 Impersonating an officer 575' 247 Using police whistle 576 247 Refusing admittance to officers 577 247 Police telephone system, unlawful use of 578 247 Fire department horns, unlawful use of • 579 247 Driving over fire hose 580 248 Giving false alarm of fire 581 248 Injuring fire alarm system 582 248 Taking off caps of hydrants 583 248 Carrying concealed weapons 584 248 Firearms, use and sale of 585 249 Firearms, discharging 586 249 Slingshots, stones and missiles 587 249 Explosives scaring horses 588 249 241 241 242 . 242 242 242 472 INDEX Section Page Sidewalks and streets—obstruction of 589 250 Sidewalks—obstruction of 590 250 Obstructing sidewalks—cellar doors 591 250 Vaults in streets ,and sidewalks 592 250 Leaving cellar doors open 593 251 Expectorating on sidewalks or in street cars ..... ...... 594 251 Streets, dirt hauling 595 251 Streets or sidewalks, excavations in 596 251 Streets, throwing paper in 597 251 Streets, throwing glass, tacks, etc. in 598 . 251 Streets, playing ball in 599 252 Removal of guards 600 252 Offenses Against Property. Defacing city property 601 252 Injuring property 602 252 Removing grade stakes 603 252 Defacing notices 604 253 Posting bills on property 605 253 rnjuring trees 606 253 Injuring shrubs, plants and flowers 607 253 Fires on pavement 608 253 Traction engines on pavement 609 253 Oil peddlers, regulations of on streets . _610 254 Miscellaneous Offenses. Harboring vicious dogs 611 254 Abuse of animals 612 254 Confining fowls 613 254 Overloading teams 614 254 Using barbed wire 615 255 Depositing circulars in letter boxes 616 255 Billiard rooms, hours to be closed 617 255 Soliciting baggage 618 255 Getting on .moving cars 619 255 Blasting rock 620 255 Making bonfires 621 255 Penalties for Violation. Penalty for violation 622 256 Prisoners to work out fine 623 256 Means used to prevent escape 624 256 Credit for work 625 256 MOTOR VEHICLE'S: (See Automobiles) : MOVING PICTURE MACHINES : Regulation of use of 409 192 • INDEX N 473 ' Section Page NORTH AMERICAN TELEGRAPH CO.: (See Special Ordinances). NOTICES: Of actions against City to be filed with Recorder 41 56 To be served by Recorder 42 56 Meetings of Board of Equalization 426 198 Of tax sales 443 204 NUISANCES—Power to Abate. Charter provisions in regard to ......... ..... .................. _ 34 Buildings in fire limits 408 190 Abatement of obstructions in or upon streets, avenues, alleys, and sidewalks 394 190 NUISANCES: (See Dangerous Buildings). (See Sewers). NUMBERING OF HOUSES: (See Houses). OATH OF OFFrCE: Of City Officials 13 48 Deputies shall take 18 50 OBSTRUCTIONS IN STREETS, AVENUES AND ALLEYS: (See Filth and Obstructions in Streets, Avenues' and Alleys). OBSTRUCTIONS IN OR UPON STREETS, AVENUES, ALLEYS AND SIDEWALKS: Buildings 387 173 Signs 388 173 Arca ways 389 174 Awnings 390 174 On sidewalks 391 174 Downspouts 392 175 Penalty for violation 393 175 OFFICIAL BONDS : Elective Officers 11 47 Provisions of • 11 47 Action on 12 48 Deputies shall give 18 50 474 INDEX Section Page Harbor Master 80 70 Of Water Works Trustees 102 77 Park Commissioner 226 120. OFFICIAL RECORD: How kept 635 260 OFFICE: ' Mayor shall maintain 36 54 OFFICERS: (See City Officials). Named in Charter 31 Power vested in by Charter 31 Provisions of Charter in regard to election of 31 Provisions of Charter in regard to qualifications of31 Shall be responsible for property of City 636 260 Must give receipts for property 637 261 Must get order for purchase of property 638 261 OMITTED PROPERTY: Assessor shall assist in assessing omitted property 67 64 ORDINANCES: (See Revised Ordinances of 1919). Power to make given by Charter 36 Charter provisions in regard to 36 IVllayor shall sign 33 54 May be passed over veto of Mayor. 33 54 Record of when Mayor fails to sign or veto 33 54 Recorder shall make record passed over veto of Mayor 33 54 Mayor shall enforce 34 54 Recorder shall kcep record of 39 55 Marshal shall enforce 72 66 P PARKS: (See Park Commissioner). Title VI. Grounds set aside as public parks 117 83 Placed under control of Park Commissioner 117 83 Certain grounds granted.to the City forpublic parks 118 85 PARK COMMISSIONERS: (See Parks). Duties and powers 121 85 Election of 122 86 Term of office - 122 86 Compensation 123 ,y 86 Shall give bond 124 86 INDEX 475 Section Page Duties of 124 86 Shall have power to draw orders on treasury 125 86 Shall file annual report ........ ....... .................. ..._..,........... _.............:............ ..,125 86 Shall have power to .ina1 e rules and regulations 126 87 Special duties 127 87 .FAWNBJ OKF2RS: See Sales of certain property and pro- viding means for the discovery of same), Termdefined 506 229 License fee 507 229 Shall file bond 508 229 Shall keep rccor;d 509 229 Penalty for violation 510 230 PEDDLERS: License required 463 215, 'ENAY' ; For violation of ordinance relating to public landings and rvharfag'e 85 72 For violation of ordinance relating to railroad cross-. it?gs and railroad train$ 227 120 For violating ordinance relating to street railways 237 123 For violating ordinance in regard to excavations in streets 379 170 For violation of ordinance in regard to placing build- • iiig material on streets, avenues and alleys 386 173 For violation of ordinance in regard to obstructions • in or ttpon streets, avenues, alleys and sidewalks393 175 For violation of traffic regulations 398 184 For. violation of ordinance in regard to cleaning of sidewalks 401 186 For violation of ordinance in regard to buildings within fire limits 406 189 For violation of ordinance in regard to dense smoke 423 196 For violation of ordinance prohibiting stock running at large 518 232 For violation of ordinance relating to numbering li,ouses 642 262 TENSIONS: (See Policemen's Pension Fund). PERMANENT AND TEMPORARY SIDEWALKS: Permanent. Shall be built to grade 353 161 Engineer shall submit plans and specifications 354 162 Property owners may construct 355 162 476 INDEX Section Page Council may order 356 162. Notice to be given 356 162 Owner may construct after notice ......_ ........................._357 163 Contract of construction 358 163 Contractor shall give bond 359 163 Inspection of sidewalks 360 164 May issue sidewalk certificates..........................._............_....,: 361 164 Special assessment for sidewalks 361 164 Objection to costs 362 164 Temporary May build 363 164 Notice 364 165 Limit of costs 365 165 PERSONAL PROPERTY OF THE CITY: Who responsible for 636 260 Receipts for 637 261 Authority to purchase 638 261 Orders for 638 261 Committee Cleck shall issue 1638 261 PERSONAL TAX: (See Levy and Collection of Taxes). PETER J. S]?IPPE,L, LUMBER CO.: (See Special Ordinances) . PLATTING OF ADDITIONS: Charter provisions in regard to 40 Plans must be submitted 643 262 Streets must be graded 643 262 Engineer shall report 644 263 Statutes applicable 645 263 POLICE DEPARTMENT: (See Chief of Police). Police Matrons). (Marshal). Title VIII. Power to establish given by Charter 34 Number of policemen—how fixed 138 92 Officers shall be chosen by Chief of Police 138 92 Removal of members of 139 93 Chief may remove or suspend members 139 93 Duties and powers 140-141 93 Compensation of members 142 94 Members shall attend public dances 485 222 Fees for attendance of police officers at public dances485 222 (See INDEX 477 Section Page POLICEMEN'S PENSION FUND: Control of 143 City may levy tax to maintain _.......................... 143 How Trustees shall handle funds 146 What included in ,fund 147 Members of Department shall pay membership fee 148 Who eligible to pension . 149 Amount of pension 150 When members entitled to pension 151 When members not entitled to pension 152 Members subject to physical examination 153 How pensions shall be paid 154 Duties of Treasurer 154 Laws applicable 155 POLICE •MATRONS: Mayor shall appoint Duties POUND MASTER: Appointment 515 232 POWDER MAGAZINES : License required 461 213 138 94 94 95 95 95 96 96 97 97 98 98 98 98 92 92 PRIMARY ELECTIONS. (See Elections). PROCEEDINGS OF COUNCIL: (See Manner of Keep- ing Record of Proceedings of Council). PROPERTY: Power to purchase given by Charter PROTECTION OF PUBLIC: Charter provisions in regard to PROSECUTIONS ICOR VIOLATION OF OR- DINANCES : Charter provisions in regard to PUBLIC BUILDINGS: Charter provisions in regard to PUBLIC DANCE HALLS: Defined 473 License required 474 Must comply with ordinances 475 License may be cancelled 476 Penalty for violations .. 493 36 33 41 40 219 219 220 220 222 478 INDEX Section Page PUBLIC DANCES Permits 477 220 . Sanitary conditions 478 220 Flouts for closing 479 220 No person under sixteen can attend 480 221 No iinproper conduct 481 221 No intoxicating liquor 482 221 Application for licenses shall be investigated • • 483 221 Penalty for violation 484 222 Pollee officer shall attend 485 222 Whd riot included - • •- • 486 222 Penalty for violation 487 222 PUBLIC HEALTH: (Title . Charter Provisions in regard to 34 PUBLIC LANDINGS AND WHARFAGE,: (See Harbor ' Master). • PUBLIC 'MARKETS': (Title X). Central Market Council liaS Pover to establish Public iiitikes 208 Market Master shall have control of • -- • - - • 209 11 Couhcil has power to rent stalls in public markets: ... :.,.:210 115 Inspection of , 211 116 Market hours 212 116 Market Master shall act as -public Weigher at central market 217 117 115 115 PUBLIC PARKS: sioners). PUBLIC SCALES AND PUBLIC WEIGHERS: (Sec Market Master). How established and appointed 219 118 220 lig 221 118 ' • 222 118 (See Parks). (See Park Commis - Use of public scales Fees for weighing Reports of Weigh Master PUBLIC SERVICE CORPORATIONS: (Title XI). Q QUALIFICA.TION: Of City Officials 11 47 QUARANTINE: Mayor shall sign notice of quarantine and releases 37 55 INDEX 479 Section Page R RAILROAD COMPANIES—Grant of Rights to Certain, (See Special Ordinances). iZAILROAD TRAINS: (Sec Railroads). RAILROAD CROSSINGS: (See Railroads). RAILROADS: Rate of speed 223 119 Must not obstruct crossing 224 119 Must ring bell 225 120 Erection of gates 226 120 Shall maintain culverts and drains 228 120 Procedure for construction of drains and cuWerts 229 120 REGISTERS: 87 73 REIFSTECI( C. AND C. SCHEPPELE: (See Spedial Ordinances): • RECORDER: Charter provisions in regard to 37 Compensation of , 24 52 Shall make record of ordinances not signed hy Mayor 33 54 Shall be clerk of Council 39 55 Shall prepare and publish proceedings of Council 40 56 Shall be custodian of records 41 56 Shall furnish certified copy of record 41 56 Shall serve .notices 42 56 Shall be custodian of seal 43 56 Shall issue licenses 44 56 Shall keep record of licenses issued 44 56 Shall draw warrants • 45 57 Shall be clerk of Board of Health 46 57 Shall keep record of proceedings of Board of Health- 46 57 Shall publish notices of Board of Health 46 57 Shall attest proceedings, rules and regulations of Board of Health 46 57 Shall keep record of all committees of the Council 47 57 General powers and duties 48 57 Shall keep record of special assessments 312 148 Shall keep record of improvement bonds 320 156 Shall issue licenses 456 211 Shall keep recdrd of licenses 457 211 Shall attest contracts 631 259 Shall publish record of proceedings of Council 633 259 480 INDEX Section Page RECORDS: (See Manner of Keeping Records of Pro- ceedings of Council). To be kept by Recorder Recorder shall be custodian of Certified copies of Treasurer shall keep Auditor shall keep ........... .. . Of City Attorney Of grades Of Engineer Of Marshal REGULATIONS GOVERNING ANIMALS : (Title XVI.). REMOVAL: (See Removal of City Officials). Of appointive officers 29 53 Of members of Fire Department 130 88 Of members of Police Department 139 93 39 41 41 50 52 57 69 70 72 55 56 56 58 59 61 65 65 66 REMOVAL OF CITY OFFICIALS: Charter provision in regard to 41 How charges preferred 20 50. How hearing shall be conducted .21 51 Recorder shall keep record of hear 20 50 Charges 22 51 Does not release bond 23 51 REPORTS: `treasurer shall make 49 58 Auditor shall make 54 .60 Attorney shall make . 57 • 61 Bathing Beach Commission shall make 106 79 Board of Trustee of Carnegie -Stout Free Public Library 116 82 Of Park Commissioner 125 86 Of Chief of Fire Departiinent 132 89 Of Chief of Police 141 93 Board of Health 157 99 • Of Weigh , Master 222 118 RECORD: , Of special assessments 313 148 Of Smoke Inspector, 417 194 RESOLUTIONS: Mayor shall sign 33 54 INDEX 481 Section Page REVISED ORDINANCES OF 1919: How constituted 654 266 Adopted 655 266 Ordered published . 655 266 Recorder shall certify 655 266 Repeal of existing ordinances 656 267 What ordinances not repealed 666 267 Terms of office not affected 656 267 Compensation not affected 656 267 Private Ordinances not affected 656 267 ROAD TAX : Charter provisions in regard to 39 ROSHEK BROTHERS COMPANY: (Sce Special Ordinances). RULES OF ORDER OF COUNCIL RULES AND REGULATIONS OF BOARD OF HEALTH: How adopted 163 Sanitary Officer shall enforce 163 Board may adopt temporary or emergency rules 163 S 25 101 101 101 ST. JOSEPH'S COLLEGE: (See Special Ordinances) SALARIES: (See Compensation). SALES OF CERTAIN PROPERTY: Who included 545 240 Shall report purchases 545 240 'Shall keep record of 545 240 Shall not sell within 24 hours 546 241 Penalty for violation 547 241 SALES FOR TAXES. (See Taxes). (See Levying and Collection). SANITARY OFFICER: (See Board of Health). SANITARY REGULATIONS. Persons responsible 198 110 Sanitary conditions—inspection 172 105 Vaults, location of 173 105 .. Cleaning of vaults 174 105 31 • INDEX Section Page Drainage of vaults 175 105. Abandonment of vaults. 176 106 Construction of disp.osal tanks in 106 Re fuse,--.disposalo 178 106 Garbage cans, 179 106 Manureip bins, ,, „ .. .. ....„ .... „.„....„ .................... ........... . .................. 180 106 Gaphage not, to, b,e, tltro.wn. in. Vaults 1&1 107 Disposal of mature. 182 107 Pollution streatns. 183 107 ..... „.„„„„„„ . . ..... ,„ ......... .... ........... ................... 184 107 Impure water 185 107 Burning of rubber, etc. 186 107' Samples of medicine 187 108 Display of, food, stuffs 188. toa Sale of tainted food 18,9 108 Care of cattle and sheep 190 108, Hog pens- 191 109. Diseases of animals to, be reported „ , , 192 109/ Sale of diseased animals prohibited 19,4 109 Premises to be kept clean 195, 109 Coolipg• of meats 196. 110 Infqqted persons, not to, t?g. ilrought into the city, w.7 110 Penalty 199 110 SANITARY SEWERS. (See Sewers). SEAL: Recorder shall be custodian of 43 56 Established , , 626 257/ Custody of. 627 SECOND HAND DEALERS: • Term defined 511- 230' License fee 512 230 Penalty for. violation- 513 231 SECOND,t WARD: Boundaries defined 2, 43 Voting precincts defined 5 ' - 46 SEWERS': Power to construct, giveru by chai'ter Board of Health may order connections with 202 112 Time within which connections shall be made 203 112 Notice to.be given. 204.. 112 Citymay.. make connections. 205 113 Cost, of making. connections may be 'assessed. as Special, assessment 206 114 35, INDE Section Page PetitiOn for irriproVein'erit • By action of Coni . - Cotifieil shall declare- intention. • NoOce of intention. Objections to improvement - . . Resblittion for improvement- ---- • --- ---- --- - - ' -- - Bid' fjr improvement • Contractor's' bond • • • • •• Cost Of improvement - • Property owners' shall- make connections befOre Oovement . ••• • - SHOOTING GALLERIES: License required SHOESI-OERS: Lice_fise required` SIDEWRLKS : (See Cleaning of Sidewalks). (See per-- manent and temporary SideWalks)..- InsPector shall have charge of repairs InsPeetor shall have power to order cleaned InsPedtor shall report accidents on Obstructions in or upon 326 327 328' 330 331 334 332 332 333' 356 3'49' 153 154 154 154 155 155 155 155 155 157 160 461 213 46i 213 78' 68 78' 68 78 68 387 173 SIbEWA4 rNSPECTOk: Terni : of OffiCe' 77 68 }Io' apPOhitett 77 68 Duties and' powers 78: 68 Sha11' report accidents on streets or sidewalks 78, 68 Shall serve notice for construction of sidewalks 78 68 Shall' -superintend cleaning' of sidewalks 400 185 SKATING RINKS: License required 461 213 SMOKE: (See Dense Smoke),. SMOKE INSPECTOR:. Appointment -- • 4.14 - 194 NOW OR ICE ON' SIDEWALKS: Who resperiSible' for cleaning' 399' 185 SPECIAL ASSESSMENTS: Charter provisions in -regard to • , 40 Cost of enfOrcingrtilei and regtilatiblis of BOard of Health- • 165 102 484 INDEX Section Page Cost of making connections with sanitary sewers 206 114 For improvement of streets, avenues and alleys 297 142 For construction of sewers 336 157 Schedule of assessment 337 157 Notice 336 157 Objections 337 157 Appeal 340 158 Record of assessment 341 159 Bonds and certificates 343 159 Amount of assessment 338 158 Correction of assessment 344 159 Collection of assessment 345 159 Acceptance 347 159 District defined 348 160 For making connection with gas, water and sewer mains 352 161 For permanent sidewalks 361 164 For temporary sidewalks 367 166 Repair of sidewalks " 367 166 For removal of buildings in fire limits 408 190 For abating nuisances 453 210 For cleaning of premises 453 210 For cutting weeds 453 210 For drainage of lots 453 210 For repairing of destroyed buildings 453 210" For making sanitary connections 453 210 For making water connections 453 210 For removing snow and ice from sidewalks 453 210 For cleaning vaults 453 210 For making gas connection 453 210 For making sewer connections 453 210 Method of making assessments 454 210 SPECIAL ELECTIONS Time of holding 86 • 73 SPECIAL ORDINANCES': (Title XIX.). BRIDGES. Grant of right of way to Dubuque and Dunleith Bridge Company 271 Repeal of part of grant to right of way to Dubuque and Dunlieth Bridge Company 272 Ordinance authorizing and aiding Dubuque Pontoon Bridge Company 293 Ordinance fixing tolls of Dubuque Pontoon Bridge Company 277 • INDEX 485 Section Page LIGHT AND POWER COMPANY'S. Ordinance granting certain rights to Benajah Barker and Harvey B. Spelman Ordinance granting extension of right to Key City Gas Company to 1894 Ordinance granting extension of right to Key City Gas Company to 1914 Ordinance granting extension of right to Key City Gas Company to 1922 Ordinance granting rights to Union Electric Company Ordinance granting Union Electric Company the right to abandon operation on certain streets Ordinance granting certain additional rights to the Union Electric Company Ordinance granting rights to the Union Electric Com- pany until March 6, 1927, for lighting purposes Ordinance granting Union Electric Company permis- sion to construct switch at end, of Eagle Point Line Ordinance granting Union Electric Company permis- sion to construct loop around Phoenix Park Ordinance granting Union Electric Company permis- sion to construct street railway to Eagle Point Park Ordinance granting Union Electric Company permis: sion to construct street railways on West Locust and other streets TELEGRAPH COMPANIES. Ordinance granting certain rights to North American Telegraph Company Ordinance granting certain rights to American District Telegraph Company ELEVATOR COMPANIES. Ordinance granting permission to Eleventh Street Company, to construct and maintain a street rail- way along Eleventh Street i Ordinance granting to the Eleventh Street Elevator Company the right to operate by electricity Ordinance relating to Fenelon Place Elevator Com - pony MEAT PACI{ING COMPANIES. Ordinance granting to the Dubuque Packing and Pro- vision Company the right to maintain a slaughter and packing house 278 280 282 283 285 294 297 298 302 303 305 309 314 314 316 318 318 320 11.§§ INPAA Section Page Ordinance granting J. H. Strobel the right to carry on meat packing business 322 Ordinance granting Dubuque Butchers Association right i:O erect a slaughter .housc' 323 Ordinande granting the Dubuque Packing Company perrhission to run pipes across Bee Branch Sewer.. 325 Ordinance granting Corn Belt Packing Company the right to operate slaughter house 327 kATLIIPAu COMPANIES. Ordinance granting the Dubuque & Northwestern Railway Company the right of way over 'certain streets • Ordinance granting the Dubuque & Northwestern RailwayCompany right of way across and along certain streets - Ordinance granting the Chicago Great Western R. R, Company right .to lay a sidetrack from Eighth to Eleventh Streets Ordinance granting the Chicago Great Western Ry Company the right to fill and grade Elm Street between 'Sanford and Twenty-third Ordinance granting the Chicago Great Western- Ry Company the right to reconstruct yiathict, over Peru Roid Ordinance approving and adopting plans for, eon- structiorO of viaduct over C. G. W. Ry. at Peru Road Ordinance granting Chicago, Burlington and Northern R. R. Company right of way along and across cer- tain streets Ordinance granting permission to Chicago, Burlington . and Northern R. R, Company to use and occupy certain streets and public grounds Ordinance granting the Dubuque & Sioux City R. R. Company right to lay a switch and sidetrack on Jackson from Seventh to Eighth Ordinance granting the Illinois Central R. R. Company right of Way Over certain streets Ordinance granting the Illinois Central R. R. Company right to extend its track to Tenth Street, Ordinance granting the Illinois Central R. R. Company right to lay a switch and sidetrack Ordinance granting right of way to the Illinois Cen- tral R. R Company over certain streets 330 331 335 336 339 340 341 348 353 354 356 357 357 INDEX Section Page 361 364 365 Ordinante granting the Minas Central R. R. .Corripatiy right Of way to erbss Certain stetS And all' Ordinance granting the Illinois Central R R, Company right of way ower and aCiOss certain streets, Ordinance grzinting theI1Iinis Central R. R. Coinpany right to lay a track on Iowa Street between FirSt and Jones Ordinance granting the Illinois Central R. R. Company righf to lay a sidetrack on WaShington Street ,froin Eighth to Tenth Ordinance granting the IllirioiS 'Central R, R. Company right to lay a continuation Of its track in Washing= ton Streets Ordinance granting the Illinois Central R, R. Company right of way along the levee north of Railroad Ordinance granting the Illihois Central R. R. Company right it lay a traek.atross Harrison Street. - - Ordinance granting the Illinois Central 12.,R Company right to lay sidetrack to echineet with C. 0, W. Ry. comfAilly tracks --• Ordinance granting the Illinois Central R R, Canvany right to use Dodge Street between Sntith Main and Water Street 373-374 Ordinance granting the IllinOis Central R. R. Company right to extend track north of Camp Street 375 Ordinance granting the Illinois Central R. R. Company right tO lay track oh Iowa Street between First and Jones Ordinance 'authofiiitig and regulating the Dubuque Luniberthefi and Manufacturers Railroad Ordinance granting to Ingram, Kennedy & Day the right to lay a railway trabk Ordinance granting S. 14, booth and -i. L. Stout right of way for railroad track • Ordinance granting Dubuque & Minnesota Ry, Co= patty right of way through the city Ordinance granting Dubuque, Bellevue & Mississippi Ry. Company and Dubuque & Minnesota Ry. Corn= pany right of way through city . Ordinance granting Chicago, MilWaukee & St. Paul Ry. Company right of way upon Certain streets Ordinance vacating sidewalk ori White Street from Fourth to Sixth and dedicating the sante to C. M, & St. P. Ry. Company 365 367 369 370 371 377 379 382 383 384 387 389 391 488 INDEX Section Page Ordinance granting Chicago, Milwaukee & St. Paul Ry. Company right to construct track over Twelfth Street 393 Ordinance granting Chicago, Milwaukee & St. Paul Ry. Company right to operate railroad track on Nineteenth from Sycamore to Linn Ordinance granting Chicago, Milwaukee & St. Paul Ry. Company permission to construct sidetrack across Third Street 394 Ordinance granting Chicago, Milwaukee & St. Paul Ry. Company and Illinois Central R. R. Company right to change location of sidetrack on Jackson between Sixth • and Eighth 396 Ordinance granting permission to the Chicago, Mil- waukee & St. Paul Ry. Company to construct track across alley between Pine and Maple Street, from Seventeenth to Eighteenth 398 Ordinance granting permission to the Chicago, Mil- waukee &St, Paul Ry. Company to construct track on Pine Street across Twelfth Street 401 Ordinance granting permission to the Chicago, Mil- waukee & St; Paul Ry. Company to construct side- track across Ninth Avenue 403 393 MISCt;LLANI;OUS ORDINANCgS. Ordinance authorizing Knapp, • Stout and Company to fill and occupy certain streets Ordinance releasing and granting certain property to C. Reifsteck and C. Scheppelle ..._.._ Ordinance granting George B. Burch, Trustee, right to maintain and operate a factory Ordinance appointing J. K. Deming, Trustee, to suc- ceed George B. Burch, Trustee Ordinance granting Carr, Ryder & Engler Company right to build arch over alley between Jackson and and Washington and Ninth and Tenth Street Ordinanpe granting Carr, Ryder & Adams Company right to erect overhead bridge between their buildings Ordinance granting Carr, Ryder & Adams Company permission to carry pipes across Jackson Street between Ninth and Tenth Ordinance granting Farley & Loetsoher 1VPfg. Company right to build bridge over Eighth Street between their buildings 405 408 409 411 411 413 413 415 INDEX 489 Section Page Ordinance granting A. R. Flick Box Company right to lay sidetrack 417 Ordinance granting Bell Brothers permission to con- struct water mains for fire protection in Locust Street from Eighth to Fourth 418 Ordinance granting Wm. `Lawther and Company right to construct water mains for fire protection in Locust Street and Second Street . 419 Ordinancegrantiug Seippel Lumber Company use of ground on Levee - 421 Ordinance granting Seippel Lumber Company permis- sion to fill Harrison Street 422 Ordinance granting John T. Hancock Company right to construct water mains for fire protection 424 Ordinance granting H. B. Glover Company permission to construct water mains for fire :protection ...... 427 Ordinance granting H. 13 Glover Company permission to cbnstruct tunnel between its buildings 429 Ordinance granting E. B. Piekenbrock and Sons right to construct water main for fire protection 430 Ordinance granting James Levi and Company right to construct water main for fire protection 432 Ordinance granting -McFadden Coffee and Spice Com- pany certain rights 434_ Ordinance granting Anton Zwack permission to lay sewer in Ries Street 436 Ordinance granting Kret'schmer Mfg. Company ex- emption from certain taxes ....__......... _............. _ 437 Ordinance granting Dubuque 1=Iotel Company permis- sion to erect arch over alley between Main and Iowa 438 Ordinance granting A. F. Heeb permission to erect sewer in Rock Street 440 Ordinance in relation, to taxes of Brunswick-Balke- Collender Co. 411 Ordinance granting Dubuque College -permission to construct tunnel under Cox Street 443 Ordinance granting St. Joseph's College permission to construct sewer in Cox Street . 445 Ordinance granting permission to House of the Good Shepherds and St. Joseph's Sanitarium, to, con- struct sewer to connect with city sewer 447 Ordinance granting permission to Roshek Brothers to erect bridge over alley between Main and Locust Street between Seventh and Eighth 448 490 INDEX Section Page Ordinance granting permission to Standard Oil Com- pany to maintain pipe lines from river front to plant - - . 449 SPECIAL POLICEMEN OR -WATCHMF,N: Mayor. MaYapp�iiit 138 92 SPRINKLING OF STREETS: City divided into districts ........ .... .. "" " 368 166 Appropriations 369 167 Tax for - 370 167 STAGNANT WAtER: (See Draining and Filling). STANDING PLACES FOR LICENSED VEHICLES: - Chief of Police Shall designate 492 224 STANDARD OIL COMPANY: (See Special Ordinances). STREETS', AVENUES AND ALLEYS (See ObstriietiOn . . in Streets, AVenties, Alley and Sidewalks). STREETS, AVENUES AND ALLEYS: (See Filth and Obstructions in Streets, Avenues and Alleys). STREETS, AVENUES AND ALLEYS: (Sec excava- tions in). STREETS, AVENUES AND ALLEYS. (See Trac Regulations). STREETS, AVENUES, ALLEYS, SIDEWALKS AND SEWERS: (Title XII.)1 • SRF,ETS', AVENUES ANL ALLEYS: Charter provision in regard to Power to construct and maintain given by Charter STREETS', AVENUES AND ALLEYS: Engineer shall make -Surveys of. Street Commissioner shall inspect • --- - - 75 Street Commissioner shall have charge of repairs- 76 Establishing, altering or vacating by dedication 249 By action of Council, . 250 Duties of Engineer 250 Notice to be given , 251 Duties of Council 252 Appointment of Jury to appraise 252 Property owners may object to jury 253 35 39 65 67 68 127 127 127 127 128, 128 128 INDEX 491 Section Page Jury shall assess damages ' 254 129 Jury shall report to Council 255 129 Council may accept or reject report of jury,..,_ , 255 129 Procedure to establish street . 256 129 Right of appeal from action of jury . 258 130 Vaeation--costs of -262 131 Appeal -shall not delay improvement 259 130 Time pf taking appeal , -, 260 131 131 Judgment on appeal Establishing Grades, . Procedure to ,establish grades • „ „ 263 132 Grade established only by ordinance 264 132 Changing Grades: Procedure 267 133 AsSessment of damages 268 133 AppOintment of referees 268 133 Assessment of damages 268 133 Notice 269 133 Duties of referees ., ,271 134 May accept or reject report of referees 275 . 135 No grade shall be changed until damage have been paid 2760, 135 Right of appeal 276b 135 IMprovement of Petition for improvement 277 136 By action of Council 278. 137 Council shall declare intention 279 137 Duties of Engineer , 280 137 Grad e AO be q§.0,1)1i5110 , 284 138 Grade may he changed 285, 138 Improvement shalt conform. to grade 286. 138 Objections to improvement 282 138 Notice to he given . 281 137 Connections Shull be, made .,.,, , .. 289 139 Contractor shall give Loud „.„..., .. .. . ....... . „.„ .... ....,„„..„....... .. 290 139 Supervision of work , ,. -, - - - .- -292 140 Notice shall be given to street railway companies 293 140 Street railway companies may elect to do work 294 141 Inspection of work 296 142 Acceptance by Council 296 142 Assessment of costs 299 143 ‘,t 492 INDEX Section Page Special Assessments. Costs shall be assessed 297 142 Procedure for assessment. 297 142 Notice to be given 298 143 Levy of assessment 299 143 Objections to assessment 298 143 Right of appeal 304 145 Time for appeal 304 145 Correction of assessment 305 146 Assessment against street railways 306 146 Assessment—when delinquent 307 146 Sale for delinquent assessment 309 147 Time of sale 309 147 Manner of sale 309 147 Assessments—how used 311 147 Actions to collect assessments 312 148 Record of special assessments 313. 148 Duties of Recorder 314 148 Duties of Treasurer 315 149 Payment of assessments in installments 316 149 Improvement bonds and Certificates. City may issue 117 149 Procedure 319 150 Record of bonds 320 150 Sale of bonds 321 151 Payment of bonds 322 151 Payment of interest 323 151 Refunding bonds 324 151 Action on bonds 325 152 Repair and cleaning. City divided into districts 368 166 Appropriations for 369 167 Tax 370 167 Obstruction in or upon 387 173 Depositing building material thereon 382 171 Installation and maintenance of street lights thereon 402 186 In new additions to the City 643 262 Obstructions in—Charter provisions in regard to 34 STREET CARS: (See Street Railways). STREET COMMISSIONER: Term of office 74 67 How appointed 74 67 INDEX 493 Section Page Duties and powers 75 67 Shall have charge of streets 75 67 Shall refill excavations 377 169 Shall remove material from streets when not properly guarded 384 172 STREET MERCHANTS: License required 465 215 STREET RAILWAYS: ' Shall maintain culverts and drains 228 121 Procedure for the construction of culverts and drains 230 121 Operation of cars 231 121 Rear exits required , 232 122 Fenders required 234 122 Removal of snow 234 122 Shall stop at railroad crossings 236 123 Penalty for violation of ordinance relating thereto 237 123 STROBEL, J. H.: (See Special Ordinances). SURFACE WATER: (See Filling and Draining). T TAX: Power to—given by Charter 36 TAX COLLECTORS: 452 208 TAX BOORS: Manner of preparing 65 64 Assessor shall prepare 65 64 How completed 66 64 Assessor shall complete 66 64 TAXES : (Title XIV.). Levy for Policemen's Pension Fund 144 94 Duties of Assessor 424 197 Board of Equalization 425 197 Recorder shall be clerk of 425 197 How constituted 425 197 When appointed 425 197 Notice of meetings 426 198 Duties of Board 427 198 Objections to assessment 428 199 494 INDEX Section Page Right of ap.p.eal • -. 429- 199 Council shall levy tax 430 199 Asse'ssor shall complete book 431 199 Correction of errors 432 200 Duda of Auditor 43,3 '200 Duties of Treasurer 43,4 20Q Omitted property 436 2tif conettioyf of Tax's 4S7 201 Tax receipts 09 M.. Errors in taxes • • 440 202 Lien of taxes 441 203 Auditor shall keep account 442; 203 Manner of conducting tax sales 44S 205 City may purchase at- tax sales ... 446: 205 Auditor shall keep record of sales 447 206 Delinquent personal tax ...... 44S; 207 How sales should, be, conducted • • 449.- 207 Treasurer may ask assistance 450 207 Treasurer may sue - • - 451 2b Tax collectors 452, ?()S. TELEPHONES: Companies shall furnish free phones and special rates for City 245 125 Underground district described 238 123 Shall not erect aerial wires in a certain district 239 124' Underground- district- ma -y be. enlarged, - 243', 125 City may order removal of wires and poles 244 May place wire underground outside underground dis- trict 246 125 Regulations in regard to telephond lines 247 .126' Provisions. relating to installation of underground wires 240' 124 TEATRES, CIRCUSES, ETC.: License required 502 227 License fee 503 22'7 Whet -tine license required - 504 228 - Penalty for violation, 505, 228 THIRD WARD: Boundaries defined 43 Voting precincts defined 6' 46 TIE VOTES: (See Contested elections). • In City electionshow determined - 91 74 INDEX TIME OF HOLDING: Elections 86, 73 TRAFFIC' REGULATIONS: Rules ,and. regulations 395 176 Who. applicable to 395 176 Terms defined 396 - 184 Complaints. 397' 184 Penalty for violation 398 184 TREASURER: Charter provisions in regard to 38 Compensation of 24 52 Shall give receipts 48 58 Shall make monthly reports 49 58 Duties 50 58 General powers and duties 51 59 Assessor shall assist in assessing omitterli property,. 67 64' Shall be member and treasurerpf 13oard, qf Trustees of Policernen'g Pension Fund .—..,. . __. 14S 95 Duties of in regard to collection of taxes 434, 200 495 Section Page U USE AND OCCCIPANCY OF SIDEWALKS: Regulations T;J).NION ELECTRIC CQMPANY: dinances V SPeci4 Or, VACANCIES : , Charter provisions- in regard to In Elective Offices In Council' Deputies shall act' for elective officers in case of In Board of Water Works 'I'rustges VACCINATION: (See Board of Health). VETO: Of ordinances VEHICLES: Traffic regulations 395 176 391_ 174 33 14 48 14 48 17 49 77 33 54 496 Vehicles for Hire. Who included License f ec License tags or badges Standing places May revoke licenses Penalty for violation Section Page 488 223 489 223 491 224 492 224 494 225 493 225 VIOLATIONS: (See Penalty for Violations of Ordi- nances). (See Misdemeanors), w WARDS AN]) PRECINCTS: (Title II.). Provisions of Charter in regard to 32 City divided into 1 43 First Ward boundary 2 43 Second Ward boundary 2 43 Third Ward boundary 2 44 Fourth Ward boundary 2 44 Fifth Ward boundary 2 44 Divided into voting precincts 3 45 WARRANTS : Charter provisions in regard to 37 Recorder shall draw 45 57 Treasurer shall pay 48 57 Auditor shall countersign 53 59 WATER: Charter provisions in regard to removal of .stagnant water Property owners shall make connections before im- provement 34 349 160 WHARVES AN]) PUBLIC LANDINGS': (See Harbor Master). Power to regulate given by Ohartcr Tinder control of Harbor Master 82 WILLIAM LAWTHER COMPANY: (See Special Or- dinances). 35 71 I INDEX 497 Section Page WATER WORKS TRUSTEES: How appointed 101 77 Term of office 101 77 Shall give bonds 102 77 Qualifications 102 77 Powers and duties 103 77 Shall employ superintendent of City Water Works 103 77 May draw orders on treasury 103 77 WHARFAGE: (See Harbor Master). Rate of 82 71 z ZWACK, ANTON: (See Special Ordinances).