Revised Book of Ordinances 1887HE4
REVISEDO
—OF TH E
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CITY
or Dui
—OF —
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Twi
Acts of Congress and Laws of Iowa and Wis-
4 ronsin Relating to the ray, Inc'udino-
of Officers and Rules and Regula-
tions of the City Council. '
Publalieci by Order of the City Couricil.
Revised to Or ober 3,
. J J. MCCARTHY; AITORNi y ,1 LA\\,
py QL: lx.)WA,
✓S
THE
Revised Ordinances
OF THE
CITY OF DUBUQUE,
OF
1887.
THE
ACTS OF CONGRESS AND LAWS OF IOWA AND WISCONSIN
RELATING TO THE CITY, INCLUDING A LIST OF
OFFICERS AND RULES AND REGULA-
TIONS OF THE CITY COUNCIL.
Published by Order of the City Council.
DUBUQUE.
SMITH, MATHIS BROS. & CO.
1887.
RESOLUTION.
Be it Resolved by the City! Council of the City of Dubuque :
That the following shall constitute and be denominated
the Revised Ordinances of 1887, of the City of Dubuque,
and shall be published in book form, with an index, as pro-
vided in section eight of the City Charter, and from and
after such publication shall be in force, and shall be received
without further proof, as presumptive evidence of such ordi-
nances.
Resolved further, That all public or general ordinances, or
parts thereof, not included in said Revision, shall be repeal-
ed, so far as they conflict with the provisions thereof, but no
• fine, forfeiture, penalty, right, action, suit, debt or other lia-
bility whatsoever, created, instituted, incurred or accrued by,
or under the salve, shall be released, discharged, annulled,
repealed, or in any wiseaffected, but may be prosecuted, re-
covered, or enjoyed, or any Suit or other proceeding be com-
menced or completed thereon, as fully and in the same man-
ner in all respects as if such ordinances or parts thereof had
remained in full force. -
Adopted October loth, 1887.
C. A. VOELKER, Mayor.
ATTEST : •
JOHN STAFFORD, Recorder.
THE STATE OF IOWA,
CITY AND COUNTY OP` DUBUQUE.
I, John Stafford, Recorder of the
City of Dubuque, Iowa, do hereby ceretify that the following
ordinances contained in the book denominated, "The Re-
vised Ordinances of 1887 of the City of Dubuque," are cor-
rect copies from the records in my office.
Witness my hand and the official seal of said city this
i7th day of October, 1887.
JOHN STAFFORD,
'SEAL.] City Recorder:
•
CITY OF`PICERS.
1887.
MAYOR.
C. A. VOELKER.
ALDERMEN :
FIRST WARD.
THOMAS BYRNE, THOMAS KENNEALLY.
SECOND WARD.
JOHN MLTLKFIRN, C. D. HAYDEN.
THIRD WARD.
JOHN TREXLER, JOHN KLEINSCHMIDT.
FOURTH WARD.
FIFTH WARD.
LOUIS DOERFLER, JOHN MEYER.
J. W. PARKER,
CITY ATTORNEY :
HENRY MICIHEL.
TREASURER :
E. P. LANGE.
AUDITOR:
HENRY RICHTER.
RECORDER:
JOHN STAFFORD,
MARSHAL:
JOHN RAISLI.
ENGINEER :
WM. EVANS.
STREET COMMISSIONER:
THOMAS FARRELL.
D. W. RAND.
OFFICERS
OF THE
CITY GOV HER M HINT
OF THE
CITY OF DUBUQUE,
FROM ITS ORGANIZATION TO 1887,
TRUSTEES.
1837.
T. S. Wilson, Pres't T.C. Fassitt,
J. Plumbe, Jr., f Wm. Myers,
Charles Miller,
Timothy Fanning.
1838.
P. C. Morhiser, Pres't, 1 John Plumbe, Jr., John McKenzie,
1 Alex. Butterworth, f E. Langworthy, Benj. Rupert.
1839.
Pat'k Quigley, Pres't, E. Langworthy, 1 S. D. Dickson, Dr. T. Mason,
1840.
S. D. Dixon, Pres't, Chas. Miller,
J . P. Farley, f Patrick Quigley.
Loring Wheeler,
Thos. C. Fassitt.
E. C. Dougherty,
OFFICERS OF THE CITY GOVERNMENT, V.
MAYOR and ALDERMEN.
Jesse P. Farley,
Charles Miller,
John Thompson,
Jesse P. Farley,
1841.
CALEB° H. BOOTH, Mayor.
ALDERMEN:
E. Langworthy, H. Simplot,
W. W. Coriell, Timothy Fanning.
1842,.
SAMUEI, D. DIXON, Mayor.
ALDERMEN:
James Fanning,
Joseph Ogilby,
Timothy Fanning,
David Slater,
John Blake
Elisha Dwelle,
Elisha Dwelle,
Robert Rogers,
Joseph T. Pales,
A. Cline,
1843.
JAMES FANNING, Mayor.
ALDERMEN :
P. C. Morhiser,
John H. Thedinga,
F. K. O'Ferrall,
Joseph Ogilby.
1844.
F. K. O'FERRALL, Mayor.
ALDERMEN:
John G. Shields,
Robert Rogers,
Timothy Fanning,
John II. Thedinga.
1845.
F. K. O'FERRALL, Mayor.
ALDERMEN:
Timothy Fanning,
John A. Thedinga,
John Blake,
John G. Shields.
Hugh Treanor,
Michael McNamara,
VP
YI. OFFICERS OF THE CITY GOVERNMENT.
1846.
F. K. O'FERRALI,, Mayor.
ALDERMEN.
Wm. H. Robbins,
M. Mobley,
Amos Matthews,
Lewis L. Wood.
1847.
P. A. LORIMIER, Mayor.
ALDERMEN.
Michael McNamara, Wm. H. Robbins.
Morgan Curran, W. J. Gilliam,
Amos' Matthews,
Lewis L. Wood.
t848.
GEORGE L. NIGHTINGALE, Mayor.
Hugh Treanor,
Patrick Finn, '
W. D. Waples,
Philip Powers, f
John G. Shields.
L. D. Randall,
David Decker,
L. Molony, •
Caleb H. Booth,
ALDERMEN:
Wm. H. Robbins,
.H. S. Hetherington,
•
John Gunn,
Lewis L. Wood.
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.
a
OFFICERS OF THE CITY GOVERNMENT. VII.
M. McNamara,
Wm. D. Waples,
1852.
JESSE P. FARLEY, Mayor.
ALDERMEN:
James Brut,
Henry L. Stout,
Christopher Pelan,
George McHenry.
1853.
JESSE P. FARLEY, Mayor.
James Burt,
Thomas McCraney,
Ben. M. Samuels,
M. McNamara,
John D. Bush,
James Ried,
E. Langworthy,
Patrick Quigley,
1+ orge Connell,
Patrick Quigley,
M. McNamara,
Morgan Cnrrau,
George Connell,
ALDERMEN.
Edward O'Hare,
M. Mobley,
Henry L. Stout,
John D. Bush,
Acton Heeb,
George Wilde,
E. Langworthy.
1854.
JESSE P. PARLEY, Mayor.
ALDERMEN:
Christopher Pelan, John King,
M. McNamara, Fred. Weigel,
Thos. McCraney,
Anton Heeb,
Matthias Ham,
Edward Oare,
Fred. E. Bissell. s
1855.
JOHN G. SHIELDS, Mayor.
ALDERMEN:
Fred. Weigel, 1_ Edward Spottswood,
G. L. Nightingale, John King,
Ben. M. Samuels, Matthias Ham.
Christopher Pelan,
1856.
DAVID S. WILSON, Mayor.
ALDERMEN.
M. McNamara,' y Ben. M. Samuels,
J. J. E. Norman, N. Nadeau,
Morgan Curran, Warner Lewis,
G. L. Nightingale, Edward Spottswood,
Robert Mitton,
Matthias Ham,
G. C. Kreichbaum.
VIII. OFFICERS OF THE CITY GOVERNMENT.
1857.
DAVID S.' WILSON, Mayor.
GEO. L. NIGHTINGALE, )
M. McNa.mara,
J. J. E. Norman,
Geo. L. Nightingale,
James Woolnough,
Samuel Virden,
' Warner Lewis,
N. Nadeau,
Robert Mitton,
• Geo. Ord. Karrick,
G. C. Kreichbaum,
Anton Heeb,
Adam Jaeger.
1858.
HENRY S: HETHERINGTON, Mayor.
ALDERMEN:
NI. McNamara,
Hugh Treanor,
Samuel Virden,
John B. Lane,
Hugh Treanor,
Patrick Quigley,
John B. Lane,
Patrick Quigley,
Hugh Treanor,
A. Kaufmann,
George McHenry, ) N. Nadeau,
Franklin Hinds. j Robert Mitton,
Geo. Ord. Karrick, 1 Adam Jaeger,
B. B. Richards, j Matthias Ham.
. 1859. .
JOHN HOGDON, Mayor.
ALDERMEN.
John Melilhop,
Joseph A. Chaplin,
Robert Mitton,
- A. Kaufmann.
Geo. L. Matthews,
Matthias Ham,
John King,
1860.
HENRY L. STOUT, Mayor.
ALDERIVLEN:
Geo. Connell,
Geo. D. Wood,
Geo. L. Matthews,
John B. Lane.
Fred. Weigel.
John King,
John Bittmann,
0.1
OFFICERS OF THE CITY GOVERNMENT. IX.
1861.
HENRY L. STOUT, Mayor.
ALDERMEN:
' Patrick Quigley,
Ilugh Treanor,
Geo. L. Torbert,
Hugh Treanor,
Patrick Quigley,
M. B. Mulkern,
TIugh Treanor,
Patrick Quigley,
.:\1. B. Mulkern,
Patrick Quigley,
J. H. Emerson.
Jno. Russ,
• J. H. Emerson,
Patrick Quigley, •
M. B. Mulkern,
Jno. B. Lane,
Geo. Connell,
Geo. D. Wood,
.Jno. Bittmann,
Geo. L. Matthews,
F. Weigel,
.Ino. Ruegamer.
1862.
J. H. THEDINGA, Mayor.
ALDERMEN:
Geo. L. Torbert,
Geo_ Connell,
D. S. Cumings,
Peter Kiene,
Geo. L. Matthews,
J. Christman,
Jno. Ruegamer.
1863.
J. H. THEDINGA, Mayor.
ALDERMEN:
Jno. Russ,
1). S. Cummings,
II. L. Stout,
Titus Schmidt,
J. Christman,
Geo. L. Matthews,
PetertKieue.
1864,
JOHN THOMPSON, Mayor.
ALDERMEN:
M. B. Mulkern,
II. L. Stout,
• D. S. Cumings,
Jno. Ruegamer,
Geo. L. Matthews,
H. S. Iletherington.
Titus Scliniidt.
• 1865.
JOHN TIIQMPSON, Mayor.
ALDERMEN;
L. N. Gibbs,
D. S. Cumings,
Henry Lembeck,
. John King,
II. S. Iletherington,
.Ino. D. Busli,
Jno. Ruegamer.
X. OFFICERS OF THE CITY GOVERNMENT.
Patrick Quigley,
Arthur McCann,
Jno. Lucas,
L. N. Gibbs,
1866.
JOHN THOMPSON, Mayor.
ALDERMEN:
Benj. F. Smith,
H. Lembeck,
D. S. Comings,
Jno. D. Bush,
H. S. Hetherington,
Jno. King,
A. F. Jaeger.
1867.
J. K. GRAVES; Mayor.
ALDERMEN:
Jno. Lucas, D. S. Ciunings, M. Kingman,
N: C. Ryan, ' Hilarius Pleins, A. F. Jaeger,
B. F. Smith, H. S. Hetheringron, M. Wening.
Thos. C. Fassitt, H. P. Ward,
Jno. Lucas,
Jas. Rowan,
Thos. C. Fassitt,
Geo. W. Scott,
James Rowan,
John Lucas,
Joseph Gehrig,
• John Lucas,
N. C. Ryan,
B. D. Lenehan,
1868.
SOLOMON TURCK, Mayor.
ALDERMEN:
Joseph Gehrig,
Hilarius Pleins,
E. G. Young,
M. Kingman,
Thos. P. Coates,
M. Wening,
A. F. Jaeger.
1869.
W. J. KNIGHT, Mayor.
1
ALDERMEN:
B. D. Lenehan,
Ernst G. Young,
Hilarius Pleins,
Peter Kiene,
Thos. P. Coates,
Fred. Weigel, 1874.
N. C. Ryan,
John Lucas,
Joseph Gehrig,
John Lucas,'
Jno, P. Quigley,
J."G, Chapman,
F. M. Robinson,
Jno. P. Quigley,
A. A. Cooper,
John Pier,
OFFICERS OF THE CITY GOVERNMENT. XI.
1871.
JAMES BURT, Mayor.
ALDERMEN:
J. C. Chapman,
J. M. Robison,
Hilarius Pleins,
Thos P. Coates,
1872.
F. M. Robinson,
Peter Oeth,
A. F. Jaeger.
SOLOMON TURCK, * 1 Mayor.
A. F. JAEGER,t f
ALDERMEN:
John Pier,
Hilarius Pleins,
J. B. Howard,
Peter Oeth.
P. Kiene,
L. W. McMaster.$
A. H. Peaslee4
A. Kaiser,
A. F. Jaeger.
1873.
A. H. PEASLEE, Mayor.
ALDERMEN:
J. J. Linehan,
J. B. Howard,
John Krayer,
James Beach,
A. F. Jaeger.
1870.
W. J. KNIGHT, Mayo.
ALDERMEN:
Joseph Gehrig,
Hilarius Pleins,
J. M: Robison,
Fred. Weigel,
Thos. P Coates,
Peter Kiene,
A. F. Jaeger.
J. W. Parker,
A. F. Jaeger,
A. Kaiser.
A. H. PEASLEE, Mayor.
ALDERMEN:
. A. A. Cooper, Philip Pier, John Maclay,
Patrick Lagers, 'John Krayer, 1 A. Kaiser,
J. J. Linehan, Henry Hune, f . Geo. Fengler.
J. O'Hea Cantillou,
J. W. Parker,
*Solomon Turck, resigned. *L. W. McMaster died September, 1872.
1-A. F. Jaeger, appointed to ill vacancy, September 5, 1872. .
PA. H. Peaslee, appointed to fill vacancy.
1IP. Kiene, Jr., appointed to fill vacancy, September 5, 1872.
XII. OFFICERS OF THE .CITY GOVERNMENT.
1875.
JAMES CUSHING, Mayor.
ALDEllmEN:
Patrick Lagen,
John P. Quigley, '
Philip .Pier,
John P._Quigley,
Arthur MMcCann,
J. J. Linehan,
Arthur McCann,
John P. Quigley,
Philip Pier,
John O'Neill,.
John P. Quieley,t
Arthur McCann,
J. J. Linehan,
J. J. Linehan,
J. O'Hea Cantillon,
John Wunderlich,
John Maclay,
F. T. Walker,
Geo. Fengler,
M. Blumenauer.
1876.
GEORGE B. BURCH, Mayor.
ALDERMEN:
Philip Pier, M. M. Walker,
John Wunderlich, M. Blumenauer,
J. O'Hea Cantillon, • John M. Lii]ig.
F. T. Walker,
1877.
GEORGE B. BURCH, Mayor.
ALDERMEN:
J. J. Linehan, John D. Bush,
J. O'Hea Cantillon, John M. Lillig,
Peter Fay, Louis Doerfler.
M. M. Walker,
1878.
W. J. KNIGHT, Mayor.
ALDERMEN:
Theodore Altman,
Peter Fay,
Michael drown,
John D. Bush,
1879.
JOHN,D. BUSH, Mayor. 1884.
ALDERMEN: FREDERICK O'DONNELL, Mayor.
Arthur McCann, J. J. Linehan, C. Leckie, ALDERMEN:
John O'Neill, 'Michael Brown, John M. Lillig, • . •
Theodore Altman, B. W. Jones, Louis Doerfler. Thos. Byrne, Jas. Martin,
Joseph Herod, Martin Kane, . John P. Page,
M. H. McCarthy, Henry Deckert
'FQuigley resigned, April, 1878. .*'Neill appointed to 811 vacancy. - Chas. Hollnagel,
Joseph Herod, .
Louis Doerfler, .
John M. Lilli4.
OFFICERS OF THE CITY GOVERNMENT. XIII.
Viso.
JOHN D. BUSH, Mayor.
ALDERMEN:
Thomas Kavanaugh, 13. W. Jokes, John O'Neill,
Theo. Altman, C. Leckie,
Joseph Herod,
J. J. Linehan, Geo. Fengler, G. Rath.
L. Doer, er,
P. Clancy,
Jos. Herod,
Theo. Altman,
1881.
JOHN J. LINEHAN, Mayor. "
•
ALDERMEN:
1'. W. Crawford,
1'. C. Foley,
Geo. Fengler,
G. Rath,
Thos. Kavanaugh,
L. Doerfler,
B. W. Jones.
1882.
JOHN J. LINEHAN, Mayor.
ALDERMEN:
Thos. Kavanaugh, B. W. Jones, P. Clancy,
John Glab, Theo. Altman, P. W. Crawford,
P. C. Foley, Henry Deckert, Peter Olinger.
L. Doerfler,.
1883.
FREDERICK O'DONNELL, Mayor.
ALDERMEN:
P. Clancy,
P. W. Crawford,
Theo. Altman,
Peter Olinger,
M. IT. McCarthy,
Chas. IIollnagle,
Henry Deckert,
Thos. Kavanaugh.
John Glab,
Jas. Martin.
P. Clancy,
• P. W. Crawford,
P. Olinger.
SIY. OFFICERS OF THE CITY (IOVEItNMENT.
Phillip Ryder,
P. W. Crawford,
Jno. P. Page,
Thos. Byrne,
P. W. Crawford,
J. M. Byrne,
1885.
JOHN GLAB, Mayor.
ALDERMEN:
P. Olinger,
J. M. Byrne,
Chas. ] ollnagel,
Henry Deckert,
Thos. Byrne,
Martin Kane,
A. M. Downer.
1886.
JOHN GLAB, Mayor.
ALDERMEN:
J. W. Parker,
C. D. Hayden,
Chas. Hollnagel,
A. M. Downer,
Phillip Ryder,
L. Doertler,
John Trexler.
- REVISED ORDINANCES.
CHAPTER I.
AN ORDINANCE establishing the City Seal.
Be it Ordained by the City Council of the City of Dubuque :
SECTION r. 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 "SEAT, 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.
GZTX O-F
Lit
-'7. pe„
.i PETITE ,-
NUIT \.
CHAPTER II.
AN ORDINANCE to provide for adjusting and re-establish-
ing the Ward boundaries.
SEC. 1. Boundary of First Ward. SEC. i. Election Precincts Fifth Ward.
2. Boundary of Second Ward. 7. Separate Polling place.
3. Boundary of Third Ward. 8. Manner of Conducting Elections.
4. Boundary of Fourth Ward. 9. Alphabetical Register.
5. Boundary of Fifth Ward.
Be it Ordained by.the City Council of the City of Dubuque:
SECTION r. That the First ward of the City of Dubuque
shall include all that part of the City lying south of the
following line, to -wit: Commencing at a point where the cen-
16 REVISED CITY ORDINANCES.
ter line of Third street, extended, intersects the main channel
of the Mississippi river; thence running, westerly, along the
center line of Third street, as laid out and established, to
Grand View Avenue; thence from Grand View Avenue west-
erly along the south boundry of mineral lot one hundred and
sixty-one (161) to its southwest corner; thence northwesterly
along the boundry line between mineral lots one hundred
and sixty-two (162) and one hundred and sixty-three (163) to
the south boundry of the sub -division of the Gilliam lot, as
exhibited on Tschirgi's map of the City of Dubuque; thence
• westerly along the south boundry of said sub -division to the
west boundry of the City of Dubuque.
SEc. 2. The Second ward shall include all that portion of
the city north of the First ward, east of Grand View avenue,
and south of the following line, to -wit: Commencing at a
point where Eighth street, extended easterly, intersects the
main channel of the Mississippi river; thence running west-
erly along the center of Eighth street. and Julien avenue to
the intersection of said avenue with West Eighth street;
thence to its- intersection, with the Delhi road at Broad street;
thence westerly along the center of the Delhi road to Grand
View avenue.
SEc. 3. The Third ward shall include all that part of the
city situated north of the Second ward and east and south of
the following described line, to -wit: Commencing at the in-
tersection of Eighth and Main streets, and running northerly
along the center of Main street to Seventeenth; thence east-
erly along the center of Seventeenth street to its intersection
with Seminary street; thence northerly along the center of
Seminary street to its intersection with Heeb's alley; thence
northerly along the center of said alley to the south boundry
of Marsh's addition; thence easterly along the south boundry
of Marsh's addition 'to Couler avenue; thence from Couler
avenue easterly along the center line of Lake street to the
intersection of Lake street with the center line of Cedar
REVISED CITY ORDINANCES. 17
street; thence easterly in a direct line to a point at the inter-.
section of the center line of Lynn street with the center line
of Twentieth street; thence easterly along the center line of
said Twentieth street, extended, in a direct course to the main
channel of the Mississippi river.
SEC. 4. The Fourth ward shall include all that part.of the
city situated north of. the First ward, west of Grand View
avenue; and north of the Second ward, east of Oland View _
avenue, west of the westerly boundry of the Third ward as de-
scribed by the last preceding section, and south of a line de-
scribed as follows, to -wit: Commencing at the northwest
corner of the third ward at a point where the center line of
Heeb's alley intersects the south boundry line of Marsh's ad-
dition, and running thence westerly in a direct course to the
northeasterly corner of Cox's addition; thence northwesterly
along the north line of Cox's addition to the northeast corner
of Porter's addition;' thence westerly along the north line of
Porter's addition to the northeast corner of Littleton and
Sawyer's addition; thence along the north line of Littleton
and Sawyer's addition to the northwest corner of said ad-
dition; thence in a direct course due west to the west bound-
ry of the city.
SEC. 5. The Fifth ward shall include all that part of the
city lying north of the northern boundry line of the Third and
Fourth wards, as described in the last two preceding sections.
SEC. 6. That for the greeter convenience of the voters of
the Fifth ward of the City of Dubuque, said ward shall be and
is hereby divided into two election precincts.
All that portion of said Fifth ward situated east of Jackson
street, shall constitute and be known. as the eastern precinct
of the Fifth ward. All that portion of said ward situated
west of Jackson- street shall constitute and be known as the -
western precinct of the Fifth ward.
SEC. 7, . -That at the city elections in the City of Dubuque.
18
REVISED CITY ORDINANCES.
a separate poll shall be opened at such place as shall be des-
ignated by the City Council in each of the precincts created
in the foregoing section for the reception of the votes of the
legal voters residing therein. No person shall vote in any
other precinct than that in which he resides at the time.
SEC. 8. All elections in said precincts shall be held and
conducted in the same manner as elections in other wards in
the city.
SEc. 9. It shall be the duty of the City Recorder to pre-
pare from the poll books of the Fifth ward at the last
annual election an alphabetical register of the electors of
each precinct of said ward and to post the same in the re-
spective precincts at the time and in the manner prescribed
by law. In the preparation and posting of said reg-
isters and in the correction of the same and in the regis-
tration of voters, the City Recorder and Board of Registry
shall conform to and in all respects be governed by the pro-
visions of the, lrws of Iowa as far as the salve are applicable.
CHAPTER III.
AN ORDINANCE to regulate Elections.
SEC.1. Clty Council to appoint Judges. SEC. b. All oilicers to gg'ive Bonds.
2. City Recorder to issue Certifi- (i. Salaries to be ltxod h Council.
Bate of Appointment. 7. Refusal or neglect of duty pun-
3. Judges to fill Vacancy. ished.
4. All Persons to take Oath. 8. Term of Office not to exceed one
year.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. The City Council shall in each year, not less
than ten days before the annual city election, appoint two
judges and two clerks of election, in each ward, and shall
provide a place in each ward at which the election shall be
held, and notice of the same shall be published in the pro-
clamation of the Mayor, which shall be issued in conformity
with Section 4 of the City Charter, and shall specify the
officers to be elected, and time for opening and closing of the
polls. The judges and clerks of election shall be allowed for
REVISED CITY ORDINANCES.
19
their services the sum of three dollars each, to be paid from
the city treasury.
SEc. 2. The City Recorder shall,. without delay, after
-such appointment, make out and deliver to the City Marshal,
a certificate of appointment under the city seal, to each of
the persons appointed judges and clerks. And the Marshal
shall deliver such certificate to each person so appointed,
within three days after their appointment. The City Council
may, at the time of appointing the judges and clerks of
election, appoint from the legal voters of the ward, an alter-
nate in the place of each of the persons appointed judges and
clerks, and such alternates may serve as judges or clerks, in
case of neglect or refusal of any of the persons appointed as
judges or clerks, to act; and they shall be notified of their
appointment as alternates in like manner as the judges and
clerks.
Szc. 3. If any judge or clerk of election shall refuse to
act, or shall not attend at the time fixed for the opening of
the polls, the vacancy shall be filled by the alternate; and
if no alternate shall attend, by a legal voter of the ward
to be chosen by the majority of both judges and clerks in
attendance:
SEc. 4. All persons elected or appointed to any city office,
shall take and subscribe an oath of office in due form, before
the Mayor or any other person authorized to administer an
oath, before entering upon the duties of his office. No per-
son not a qualified voter Shall be elected or appointed to any
office of the city.
SEC. 5. The Recorder, Treasurer, Auditor, Marshal, Har-
bor Master, and such other officers as may be required so to
do, by the.City Council, except the City Judge, shall ex-
ecute bonds, with good and sufficient sureties, in such sums
as the Council inay direct,• in the form required by Ordi-
nance, and a failure so to do by an officer so required within
20 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 21
ten days from the time of his election or appointment, shall
be deemed a vacation of his office. All official bonds of city
officers, when approved by the Council, shall remain in the
custody of the Recorder, and shall not be surrendered with-
out the authority of the Council: Provided, That the Recor-
der's bond shall be deposited with the City Auditor.
SEc. 6. The salaries of all city officers shall be fixed by
the City Council, and may be increased or reduced whenever
the Council shall so determine. All officers, except the
City Council, who shall be entitled to receive regular salaries,
shall be paid the same in monthly payments, to be made as
soon as practicable after the first regular meeting of the
Council in each month, a statement of the amount due such
officers respectively, having been first submitted to the
Council, and approved by them.
SEC. 7. That any city officer who shall refuse or neglect
without just cause to perform any duty required of him by
any ordinance of the city, or by resolution of the City
Council, shall be subject to a penalty of not less than ten nor
more than one hundred dollars, in addition to any damages
which the city may suffer by reason of such refusal or neg-
lect, and which may be recovered by suit upon the bond of
such officer, and such officer may for such cause be removed
from office, as provided in Section 39 of the City Charter.
SEc. 8. That all city officers appointed by the City
Council, whenlnot otherwise provided by the City Charter,
shall remain in office during the pleasure of the Council, but
the term of office shall not extend beyond the annual city
election in each year.
CHAPTER IV.
.AN ORDINANCE to regulate Official Bonds and qualifica-
tions of Officers.
Sec. 1. Bond to be presented to City SEC. 3. Officer take oath.
Council. 4. Bond to be approved.
2. All Official Bonds to be filed 5. Term of Office to commence when.
with Recorder.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That all officers in said city who are required
tc qualify by bond, before entering upon the duties of the
office to which such person may be elected or appointed,
shall present to the City Council for their approval, a bond
with at least two good and sufficient securities, resident free-
holders of said city, in such penal suin as the City Council
may by resolution fix and determine therefor, which bond
shall be conditioned that the person so elected or appointed
to such office shall faithfully perform the duties of the office
to which he may be elected or appointed; that he shall
promptly pay over all moneys which may come into his
hands by virtue of his office, to the person or officer entitled
thereto; that he shall promptly account for all balances of
money remaining in his hands at the termination of his office,
and that he shall exercise all reasonable diligence and care
in the. preservation of all books, papers, honey or other
property belonging to said city and appertaining to his office,
and deliver the same to his successor or any other person
authorized to demand and receive the same.
SEc. 2. That all official bonds, as provided in the preced-
ing section, shall run to the City of Dubuque, and if ac-
cepted, and securities approved by the City Council, shall be
filed in the office of the city recorder, and by him securely
kept, and in case of the breach of any condition thereof, such
bond'shall be prosecuted in the name of the city, against the
persons whose names are subscribed thereto, or their personal
representatives, before any court having jurisdiction, and all
moneys thereon received or secured, shall be paid into the
22
REVISED CITY ORDINANCES.
city treasury as other city money. Provided, That the bond
of the city recorder shall be deposited with and kept by the
auditor.
SEC. 3. That no city officer elect, whether chosen by the
people at the regular annual April election, or by the City
Council, shall be entitled to enter upon the discharge of his
official duties until after he shall have taken the oath of office
duly administered in open session at some regular or special
meeting of the City Council by the Mayor or other presiding
officer.
SEC. 4. In the case of officers who may be required by
ordinance or resolution of the Council to give bonds for the
faithful discharge of their duties, no officer shall be permitted
to take the oath of office provided in the preceding section
until the amount of his official bond shall be duly approved
by the City Council. Whenever the official bond of any
officer shall be approved by the Council, the Mayor or tem-
porary presiding officer shall indorse on said bond the fact .of
such approval by the City Council this day of i8—
, Mayor.
And the Recorder shall enter said bond after its approval in
the "Bond Book" of the city.
Sec. 5. All officers elected at the annual election, except
the Mayor and Aldermen and all officers elected by the
City Council who shall have been duly qualified, as hereto-
fore provided, shall enter on the discharge of their official
duties and their compensation begin on the first day of May
in each year, and shall continue to discharge said duties and
be entitled to the compensation therefor until the first day of
May the. succeeding year and until their successors shall be
elected and qualified.
' Sections 3, 4 and :i passed March 18, 1884.
REVISED CITY ORDINANCES. 23
CHAPTER V.
AN ORDINANCE relating to City Property.
SEC. 1. Officers to file list of City Prop- SEC. 4. No Officer to deliver property
erty. without Receipt.
?. To include Books. :i. Receipts to be made in duplicate:
3. To file List as purchased. 6 . Not to suffer property to be lost..
Be it Ordained by the City Covneil of the City of Dubuque:
SECTION I. That it shall be the duty of each and every
officer of this city, in possession of any movable or personal
property belonging to the city, within ten days next after the
passage of this ordinance, to make and file with the city
auditor a full and specific list or schedule of all and every
article or articles of whatever kind and description belonging
to the city, in his possession or under his control, with his
signature subscribed thereto : Provided, That the list or
schedule to be made by the city auditor, shall be filed with
the city treasurer, and every officer hereafter elected or ap-
pointed, shall, on entering upon the duties of his office, file
a like, receipt. . •
SEC. 2. •The list or schedule to be made' and filed by the
recorder and treasurer, shall include, by specific name and
description, all books of record, or account, relating to the
affairs of the city, and all printed books and phamphlets, and
all other property belonging to the city, in possession of
either of said officers, exclusive of written papers on file in
the office 'of either of them.
Sec. 3. That after said: lists or schedules are made and
filed, as hereby required, it shall be the duty of every city
officer, as often as he shall receive into his custody by pur-
chase on account .of the city, or in any other manner, any
property .of the city for which he shall not have delivered a
receipt to some 'other person lawfully holding the same of
and for the city, immediately to file a receipt therefor with
the city auditor, stating .therein when; of whom, and by what
authority he obtained the same.
SEC. 4. That no officer having possession or control of any
24 REVISED CITY ORDINANCES.
city property whatsoever, shall at any time deliver or transfer
such property, or any part thereof, to any other person, unless
such person is duly authorized to take and receive the same,
and shall first have executed and delivered a specific receipt
therefor.
SEC. 5. That all official receipts of any incoming officer
to his predecessor, shall be executed in duplicate, one of
which shall be immediately filed with the city auditor, and
no outgoing officer shall be entitled to any allowance of ..un-
paid salary for the last month of his term of office, nor shall
the council make any such allowance until he shall produce
the receipt of his successor in office, for all property for which
such out -going officer is or inay be accountable.
SEc. 6. That if any officer .of this city shall suffer any
property thereof, in his custody or under his control, to be
lost, or to be injured or destroyed, and unless he can show,
to the satisfaction of the City Council, that such loss, injury
or destruction, was occasioned by circumstances beyond his
control, and that he used due diligence and care to preserve
such property, he shall be required to replace the same, and
upon failure to replace and make good such property within
such time as the City Council may fix, the value thereof
shall be deducted and retained out of his salary, or if the
value thereof shall exceed the amount of his salary due, or to
become due, he shall be liable therefor on his official bond.
CHAPTER VI.
AN ORDINANCE to define the duties of the Mayor of the
City of Dubuque. .
SEc. 1. Mayor Chief Executive Officer. SEc. 4. He to report neglect of duty.
2. He may call special meetings. 5. He to sign all contracts.
3. He to have supervision of City 8. He to call the Police force to his
Officers. assistance.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. The Mayor shall be the chief executive officer
of the city, and shall take care that the criminal laws of the
REVISED CITY ORDINANCES. 25
State, and the ordinances of the city, are duly enforced with-
in the city. He shall from time to time give to the City
Council information in regard to the affairs of the city, and
make such recommendations as he may deem advisable.
- SEc. 2. He may call special sessions of the City Council
at any time, by giving each member thereof reasonable
notice of such meeting, sent personally by the Marshal, or by
notice in writing left at his usual place of residence; stating
the time and place of such meeting. And it is hereby made
his duty to call a special meeting of the Council at any time,
upon written request of five members thereof ; and when the
same shall have assembled, he shall state the cause for which
it has been called.
SEc. 3. The Mayor shall have a general supervision over
all city officers, and may, as often as he shall deem necessary,
examine into the condition of their respective offices, the
books, papers and records therein, and the manner of con-
ducting their buisness, and may call upon any officer • of the
city for information in relation to any matter pertaining to
the functions of his office.
SEc. 4. The Mayor shall report to the Council all viola- ,
tions or neglect of duty on the part of any city officer, which
shall come to his knowledge, and when he believes the city
will sustain loss or injury by such violation or neglect, he
may convene the City Council for the purpose of taking
action in relation thereto.
SEC. 5. The Mayor shall, on behalf of the city, sign all
contracts made between the city and any other party, and it
shall be his special duty to see that the other contracting
party faithfully complies with his or their part of the con-
tract. He shall sign all ordinances adopted by the City
Council.
SEc. 6. He shall be a conservator of the peace within the
city, and may call to his assistance , the police force of the
26
REVISED CITY ORDINANCES.
city, and, if necessary, any citizen of the city to aid him in
preventing or quelling any riot, or unlawful assembly, or in
preventing any breach of the peace within the city. And
any officer, or any private citizen, who shall refuse to obey
the orders of the Mayor in the premises, shall be fined in a
sum not less than five, nor more than one hundred dollars.
CHAPTER V II.
AN ORDINANCE to define the duties of the Recorder of
the City of Dubuque.
SEc. 1. Duty of Recorder. SEc. 7.
2. He to have custody of ordinances. 8.
8. He to record in separate book. 4.
4. He to keep seal of city. 10.
5. He to keep registry of Licenses. n.
0. He to draw orders on Treasury. 12.
He to keep Warrant Book.
He to report to Council.
He to keep records and papers.
He to keep a list of committees.
He to furnish copy of records.
Recorder pro tem.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. It shall be the duty of the Recorder of this
city to attend at every meeting of the City Council and to
furnish the Mayor with an abstract of all unfinished business.
He shall keep a correct record of the proceedings of the City
Council, in a book provided for that purpose, and properly
index the same ; shall issue all notices of regular and
special elections required to be given by law, or in pursuance
of any resolution or ordinance of the City Council, and when
required by the Mayor, or in his absence by the Mayor _pro
tem., shall issue to the City Marshal a notice to the members
of the City Council of any special meeting of the board. He,
shall notify all committees of their appointment and of the
business referred to them ; and shall notify all inspectors and
other officers of their election, and shall, when directed by
the City Council, prepare and issue venires for opening
streets and highways, for assessing damages thereon, and.
shall perform such other duties as are required of, him by
law, ordinance, or resolution. •
. SEC. 2. He shall have the custody of all ordinances passed
by the City Council, and shall record the salve at length in
REVISED CITY ORDINANCES. 27
a separate book to be kept for that purpose, and properly in-
dex the salve ; and it shall be his special duty to see that all
ordinances are promptly and correctly published in the
official papers of the city, and such other papers as may be
directed by the Council, and procure from the publishers
thereof the proper affidavit of such publication, and file and
preserve the same in his office.
SEc. 3. He shall record at length, in a separate book to
be provided for that purpose, all resolutions and orders of the
City Council, all reports of every officer, committee and jury
in relation to the laying out or altering of any street, alley,
or highway,. or in relation to -the grading, paving or macada-
mizing thereof, or in relation to the grading, paving, or
curbing of any side -walk ; also, all notices issued, with the
return of the officer serving the salve, and the affidavit of the
printer publishing the same, of the publication thereof. He
shall also, in the same book, and in like manner, record all
proceedings had in relation to filling up or draining of any
grounds or lot in the city, by order of the Council.
SEc. ¢. He shall keep the seal of the city, and shall duly
attest thereby all deeds, contracts and other papers required
to be attested. He shall keep a book of deeds and contracts,
and shall enter therein correct copies of all deeds and con-
tracts executed by, or in favor of the city, except deeds for
cemetery lots, of which he shall enter in a separate book, the
date, naive of purchaser, number of lot and amount paid for
the same ; and shall properly index both of said books.
SEc. 5. He shall keep a register of all licenses and per-
r mits granted. by the city, noting the time when issued, the
business or purposes for which issued, the person to whom is-
sued, and the date of expiration of the same. He shall also
number, file, and preserve in his office, all petitions presented
to the City Council, and keep a correct list thereof, with the
proper number set opposite each.
28 REVISED CITY ORDINANCES.
SEc. 6. He shall draw orders on the treasury for all money
ordered paid therefrom by the City Council, and shall specify
the fund out of which the same is to be paid, and shall enter
the same in numerical order in a book to be kept for that
purpose, but he shall not draw several orders for smaller
amounts to cancel any order for a,larger amount. He shall
also keep a record for all orders drawn by him on the treasury
and specify the number, date, amount, drawer's name, upon
what fund, and the purpose for which the same was ap-
propriated.
SEc. 7. He shall also keep a book designated as a warrant
book, bound with a marginal back, on which margin he
shall keep a record of the number, date, amount, drawer's
name, upon what fund, of all warrants he may issue by order
of the City Council, and before delivering any warrant shall
require the drawer to receipt for the same, and in all cases
where warrants are disposed of before being issued, he shall,
before delivering such warrant, require a written order for
such warrant, signed by the drawer, which order shall be at-
tached to the marginal back.
SEc. 8. He shall report to the City Council, at every
regular session, a correct account of all receipts for money 0
paid into the city treasury by any city officer or other person/
Which may have been filed in his office, and of all orders
drawn by him on the treasury, specifying the date; amount,
drawer's name, and upon what fund drawn, which report,
when examined by the Council, shall be filed with the
Auditor.
SEC. 9. He shall keep all records, papers and official docu-
ments belonging to said city, with the ordinances, votes and
proceedings of the City Council and of the City of Dubuque, •
and all returns of assessments and elections for city officers,
and of the appointments of all officers for the city, a and shall,
as soon as practicable after each meeting of the Council, pre-
pare an abstract of the business transacted and a correct copy
•
REVISED CITY ORDINANCES. 29
of all ordinances adopted, and shall deliver them immediate-
.
ly to the city printer for publication, and shall not allow any
papers or documents to be taken from his office without the
consent of the Council or by their direction.
SEC. ro. He shall keep a list of all committees and of the
business referred to them, and note when they report, and
the nature of such report. He- shall procure all necessary
books and stationery for the use of the City Council and city
officers.
SEC. II, He shall furnish to any city officer a duly cer-
tified copy of any record, paper, or public document made or
filed in his office, when the same shall be necessary, to said
officer in the discharge of his official duty ; and he shall fur-
nish a like copy to any citizen when required, and he will be
entitled to receive, to be paid by said citizen, the stun of
fifteen cents for every one hundred words said copy shall
contain.
SEC, 12. • The City Council may at any time appoint a
City Recorder pro tem., who shall perform all the duties of
the City Recorder in his absence, or in case of his inability
to act.1 He shall give bond ina sum to be fixed by the
Council, which shall be approved and filed in the office of
the City Auditor. For all services perforined by- the Record-
er fro tem. , he shall receive all the salary due the recorder
for the time_ so employed.
Section 12 passed, Sept. 21, 1885.
CHAPTER VIII.
AN ORDINANCE to define the powers and duties of e
City.. Marshal. •
SEc. 1. Duty of Marshal. SEc. 7. He to keep correct account.
2. He to arrest persons. 8. He to settle in March every year.
8. He to have charge of City Hall. 9. He to attend City Court.
4: 'He may appoint Deputies. ' 10. He to notify City Attorney.
8. He to execute all process. 11. Neglect of duty punished. -
1. He•{o pay to treasury monthly.
Be it Ordained by the City Council of the City of Dubuque :
SC'rzoN t: That it shall be the duty of the city -marshal,
and: he is hereby authorized and empowered :.
30 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. _ 31
First —Diligently to enquire into and report to the Mayor.
City Attorney, or some Justice ,of the Peace in said city, all
violations of city ordinances, and all neglects to comply with
the requirements thereof, by any person or persons, and to
prosecute the person or persons gui'ty thereof.
Second —To ascertain all suspicious or disorderly houses,
or houses of ill -fame in the city, and all persons carrying on
any business in said city without license, in all cases where
license is necessary, and to report the same to the City Attor-
ney or a Justice of the Peace, and to visit all parts of the city
where disturbances or breaches of the peace, or any violation
of any ordinance, are likely to occur.
Third —To arrest and take into custody, with or without
any warrant, any person of suspicious character, or who shall
be found in the commission of any violation of any law of the
State or ordinance of the city, or trespassing on other men's
property, and to bring such person before the mayor or some
proper officer to be dealt with according to law.
Fourth —To report and cause to be abated, or removed
without the city, any nuisance found therein, or which may
be reported to him by the proper officers or by any citizen.
To execute and enforce the orders of the health officer in re-
lation to nuisances and the removal of persons infected with
contagious diseases.
Fifth —To perform such other duties as may be prescribee
by resolution or ordinance.
SEc. 2. That the marshal in the execution of his powers
and duties in arresting any person accused or suspected of
crime, or in the arresting of any person under a warrant, or
in the suppression of any riot or unlawful assembly, or in
preventing the violation of any ordinance or of any law of the
State, shall have power to require the aid of any citizen of
the city, and any citizen who shall refuse or neglect to obey
the summons of the marshal in this section mentioned, shall
be subject to a penalty of not less than five dollars with
costs, to be recovered on complaint before any court having
jurisdiction.
SEC. 3. That the city marshal or his deputy shall have
charge of the entire building known as the City Hall, with
the halls, rooms, apartments and offices thereof, to act under
the direction of the City Council, to provide such fuel and
lights therefor as may be needed, to see that all fires and
lights are extinguished in and about the same on the night
of each day on which the same may be used, and to keep
each and all of said premises in a neat and cleanly condition,
suitable to the purposes for which they are severally used,
and shall attend all the sessions of the City Council. He
shall also have the charge of all other buildings belongfng to
the city, except the engine -houses, and shall report the con-
dition of the same from time to time to the City Council.
SEC. q.. The City Marshal may, and he is hereby author-
ized, to appoint one or more deputies, with the approval of
the City Council, and removable by their direction. But no
person once rejected, shall be again proposed for .the same
position for that year.
SEc. S. The City Marshal shall execute all process or
orders issued to him by the Mayor, City Council, or other
officer having authority to issue the same, and make return
thereof according to law.
SEc. 6. He shall pay monthly to the city treasury all
moneys which he may have collected under any ordinances
of the city, or upon final process for fines and penalties im-
posed by any court in behalf of the city, and take from the
Treasurer duplicate receipts for the same, one of which he
shall immediately file with the Auditor.
SEc. 7. He shall keep a correct account, in a book pro-
vided for that purpose, of all moneys which may come into
•
32
REVISED CITY ORDINANCES.
his hands, from whatever source as said Marshal, stating from
whom and on what account the same was paid ; he shall sub-
mit such book when required, to the inspection of the Mayor
or City Council, or any committee thereof, for their ex-
amination.
SEc. 8. He shall, on the last Saturday in March of each
year, make a final settlement with the City Treasurer, in the
presence of the Mayor, when he shall make a written state-
ment on oath, showing a full account of his receipts and dis-
bursements which shall be presented to the City Council for
their approval.
Sec. 9. He shall attend all sessions of the city court when
in operation, preserve order therein, and execute the process
and order of the same. He shall keep safely all property
found in the possession of any one arrested for crime, and de-
liver over the same by order of the court by whom such per-
son may be tried.
SEc. io. He shall notify the City Attorney of all prosecu-
tions brought for violation of any city ordinance wherein his
services may be required, before the same is submitted for
trial ; shall attend all meetings of the City Council, and do
the duties of sergeant -at -arms when required.
SEC. i r. If the City Marshal neglect or refuse to serve
any process or notice duly issued to him by any authorized
officer of the city, or neglect any of the duties of his said
office, or shall discharge the same in a partial or improper
manner, or shall make a false return, he shall forfeit and pay
to the city, a fine of not less than ten, nor more than one
hundred dollars in each case.
REVISED CITY ORDINANCES.
33
CHAPTER IX.
AN ORDINANCE to define the duties of the Treasurer of
the City of Dubuque:
SEC.1. To collect and safely keep all SEC. 33. Toturn
b , collector
rof
city.
books
4. To atend of term.
money.
2. To pay money on orders.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That the Treasurer of the City shall collect,
receive and safely keep all moneys due or to be paid to the
city, and for every sum so received by him, he shall execute
and deliver to the person from whom such sum shall be re-
ceived, duplicate receipts, and shall at the same time inform
such person that said receipts will not be valid or binding on.
the city until one of them shall be left with, and the other
countersigned by the City Auditor, which statement shall be
also printed or written on the face of such receipt, and no
receipts, issued by said Treasurer, shall be of any binding
force or effect .whatever against the city until the same shall
have been so countersigned. He shall keep true and correct
accounts with each fund, of all receipts into and disburse-
ments from the city treasury, and shall at the close of each
month, prepare and file with the City Auditor a statement
of the same for the month next preceding, and of the
amount of money then in the treasury. He shall keep a re-
cord of all orders paid by him, or received in payment of any
dues to the city, stating the number and amount of the same,
to whom payable, on what fund drawn, when presented, and
shall return all such orders to the Auditor to be cancelled, at
the time of making his monthly statement as aforesaid. And
shall, whenever required by the Finance Committee of the
City Council, submit to the inspection of said committee all
books, papers and money and other property of the city in his
possession or under his control.
SEc. ?. The Treasurer shall pay money from the city
treasury, only upon orders drawn upon him by the City Re-
corder, which orders shall be signed by the Mayor, or in his
34 REVISED CITY ORDINANCES.
absence by the president bro tem. of the City Council, at-
tested by the Recorder and countersigned by the Auditor,
and all orders so drawn and paid shall be vouchers for his
disbursements, and if on presentation for payment of any
order so drawn there be no money in the treasury belonging'
to the fund out of which said order is made payable, he shall, ,
if required, endorse on such order the date of presentation,
and keep a record of the same.
SEC. 3. The Treasurer shall be ex-officio the collector of
the city, and shall perform all the duties required by law or
ordinance, to be performed by the city collector.
SEC. 4. At the expiration of his term of office, the City
Treasurer shall turn over to his successor in office, all books,
papers and moneys in his possession as Treasurer and Col-
lector, taking a receipt for the same, and shall make a full
and final report of his doings to the City Council previous to
his surrendering his trust.
CHAPTER X.
AN ORDINANCE to define the duties of the City Auditor.
SEC. 1. To be general accountant.
2. To countersign all warrants.
3. To keep separate accounts.
SEc. 4. To adjust all accounts.
5. To see that officers report.
6. To attend office.
Be it Ordained by the City Council of the City of Dubuque:
SECTION That the Auditor shall be the general ac-
countant of the city, and shall receive and preserve in his
office all city account books and all 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 person
or body corporate, except when such vouchers, documents or
papers are, by ordinance, placed in the custody of some other
officer.
SEC. 2. It shall be the duty of the Auditor :
First —To examine, audit and adjust all claims against the
REVISED CITY ORDINANCES. 35
city, for the payment of which any money may be drawn out
of the treasury, and to certify to the City Council the balance
or true state of such accounts, claims or demands.
Second —To keep in proper books in a correct and legible
form, in double entry, the accounts between the city and
all officers, persons, or bodies corporate, who may have the
collection or receipt of any money for the city.
Third —To countersign and keep a register of all warrants
drawn on the treasury, specifying the date, number and
amount, the naive of the person to whom, and out of what
fund, payable.
Fourth —To deliver to the persons entitled to receive the
same, all warrants drawn on the treasury, when called for,
taking receipts therefor, and charging the same, when de-
livered, to the proper accounts.
Fifth —To keep an account of all debts due to or from the
city, and a bill book into which he shall enter all' bonds,
notes and other obligations given by or payable to the city,
with the names of the person or persons by or to whom, the
•
time when, and the place where, the principal and interest
are payable, with the rate of interest.
Sixth —To keep in proper books, the accounts between the
city and the City Treasurer, charging him with all moneys
received into the treasury, specifying the source from which
said moneys have been received, and crediting him with all
warrants drawn on the treasury and paid by him.
SEc. 3. The Auditor shall keep. separate accounts with
the different funds in the treasury, and of any revenue which
may be set apart and appropriated for any particular object
by law, ordinance or resolution of the City Council.
SEc. 4. Whenever, upon the adjustment of any account,
a sum of honey shall be found by the Auditor to be due to
the city from any city officer, and the same shall not be paid
into the city treasury within ten days after the adjustment of
36 REVISED CITY ORDINANCES.
the account, the Auditor shall certify the amount due, to the
City Council at its next meeting thereafter. He shall, when
required, furnish the City Council with copies or abstracts of
any books, accounts, records, vouchers, or documents in his
office, or any information in relation to anything pertaining
to his office, or to the revenue of the city, and shall at all
times permit any member of the Council to examine the
books, papers, or documents in his office.
SEc. 5. The Auditor should 'see that all officers having
the collection or receipt of money for the city, shall make re-
port and payment of the same, at the time required by or-
dinance, or when not so required, within a reasonable time,
and on failure of any officer .to make such report and pay-
ment, the Auditor shall notify the Council at their next
regular meeting thereafter.. He shall make and present to
the City Council semi-annual reports, in proper form for pub-
lication, of all" receipts and expenditures -of money belonging
to the city for the six months preceding the date of such re-
ports, ending with the month of February and August in
each year. •
SEc. 6. He shall be in attendance at his office for business,
from the hour of 9 A. M. , to 12 M. , and from 2 to 4 P. M., of
each secular day, legal holidays excepted.
CHAPTER XI.
AN ORDINANCE to define the duties of City Attorney.
SEC. 1. Duties of City Attorney. SEC. 2. Must be licensed to practice lair.
Be it Ordained by the City Council of the City of Dubuque :
SECTION r. That it shall be the duty of the City Attorney:
First —To prosecute and defend all suits and actions to be
brought or pending in any court in this State to which the
city.is'a party;'c'ar in which, in the opinion of the Council,
the •interests -of "the city are brought into controversy, or in
REVISED CITY ORDINANCES. e37
which the official acts of any of its officers, servants, or agents
are involved.
Second —To advise the City Council, or their commitees,
or any city officer, on such legal questions as may arise iu re-
lation to the business of the city, and when required by the
Council shall give his opinion in writing.
Third —He shall keep a book or docket, in which he shall
enter an abstract of all suits in which the city is a party, com-
menced or pending, stating the names of parties, when
brought, and in what court, nature of action, names of wit-
nesses, what steps have been taken, and what are necessary
to be taken, before the trial or next term of the Court, and all
other facts and particulars which may be necessary to enable
his successor to manage the case understandingly, which
book or docket shall be the. property of the city, and at the
expiration of his term of office shall be delivered to his suc-
cessor, or any other person legally authorized to demand or
receive the same, together with all other books and papers
which may be in his possession in this official capacity.
Fourth —He shall perform all other services in the line of
his profession, connected with the business of, the city, not
herein enumerated, and shall in all cases be subject to the
direction of the City Council.
Fifth —He shall report to the City Council at the first regu-
lar meeting in March in each year, an abstract of all cases in
which he has been engaged in behalf of the city, since his
election or appointment, with the result or condition of the
same.
SEc. 2. No person shall be eligible to the office of City
Attorney unless he shall have been licensed to practice in
any of the courts of this State for at least one year previous
to• his election.
See section 2, Chapter LVI.
3$ REVISED CITY ORDINANCES.
CHAPTER XII.
AN ORDINANCE to provide for the appointment of a City
Engineer for the City of Dubuque, and to define his duties.
SEC. 1. City Council may appoint. SEC. 4. To make suitable plats.
6. Duty of Engineer. 5. To fix grades.
3. To survey and plat streets. G. To have charge of plats.
Be it Ordained by the City Council of the City of Dubuque:
,SECTION i. That whenever they shall deem it expedient,
the City Council shall appoint some suitable person as City
Engineer for the City of Dubuque, who, before he enters up-
on the discharge of the duties of his office. shall take the oath
prescribed by law, and give bond, and who shall hold his
office for the term of one year, and until his successor, shall
be duly appointed and qualified : Provided, That such term
of office shall not continue after the annual city election in
any year, and such office lnay-. be discontinued at any
time, by vote of the City Council.
SEC. 2. That it, shall be the duty of the City Engineer, at
any time when required by the City Council, to survey and
plat, and make as accurate an estimate as practicable, of any
improvement in the streets, alleys and highways, of said city,
contemplated or proposed by said Council, and in making
such survey, the said Engineer shall designate by suitable
marks and stakes placed in the ground, the situation and
character of such improvement, as surveyed and estimated by
him, so that the same may be examined by any person desir-
ing to contract for doing the same.
SEc. 3. That whenever required by the City Council, the
City Engineer shall survey, and plat any street, or highway,
contemplated to be opened in said city, and shall return the
same to the City Council, accompanied by such notes and ex-
planations as shall present a clear description of the route of
such contemplated street or highway, with a designation
thereon of the lands, or lots, through which -the same will
pass, and the proprietor or owner of each part or.parcel there-
of, with the amount of land proposed to be taken from each.
REVISED CITY ORDINANCES. 39
SEC. 4. That the said engineer shall, as soon as practicable,
ascertain and designate upon suitable plats thereof, to be by
him prepared, the grade of each street or alley, hereafter
opened in said city, and shall also designate the same by
some suitable post or mark, fixed at each crossing, or on
some permanent monument near thereto, and shall report the
same to the City Council for their consideration, and in case
the Council shall make any change in the grade of any street
or alley, the engineer shall designate such change upon the
monument by him placed" or designated, as aforesaid.
SEc. 5. When required by any person or persons so to do
the City Engineer shall fix and determine according to the
plat of said city, the corners of each lot within the same
where the grade of the street has been fixed and established,
and to fix a stake at each confer on the front and rear of said
lot, marking thereon the number of feet or inches the tops of
such stakes are above or below the grade, and he shall receive
for each lot so by him surveyed and marked, the sum of two
dollars, to be paid by the person or persons applying to him.
SEc. 6. That it shall be the duty of such engineer to take
charge of all the books, plats and surveys of streets, alleys
and grades belonging to the city, and safely keep the same,
and on no occasion permit the same to pass out of his pos-
session, except upon order of the City Council.
CHAPTER XIII.
AN ORDINANCE to provide for the appointment of a Street
Cominissioner, and to define his duties.
SEC. 1. ' City shall appoint. SEc. 4. Duty to keep streets in order.
2. To take charge of streets. 5. To be peace officer.
3. To report plans and estimates.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That whenever they shall deem it expedient,
the City Council shall appoint a suitable person street com-
missioner for the city, whose powers and duties shall be such
40 REVISED CITY ORDINANCES.
as are defined by this ordinance, or as may be prescribed by
the City Council, and who shall hold his office for the term
of one year, and until his successor shall be duly appointed
and qualified : Provided, That such term of office shall not
continue after the annual city election in any year, and such
office may be discontinued at any time by a vote of the City
Council.
SEc. 2. That it shall be the duty of the street commis-
sioner to take charge of all the streets, alleys and highways
in the. city, and to superintend all work being done thereon,
whether under contract or otherwise. He shall also from
time to time report to the City Council, for their action, the
condition of the streets, alleys and highways, and whenever,
in his judgment, any action of the council is necessary in re-
lation thereto, he shall so report with a suggestion of what
action he ' considers proper, with an estimate of the expense
necessary to be incurred in carrying out the same.
Sn. 3. That whenever required by the City Council he
shall, in connection with the City Engineer, carefully ex-
amine and report to the City Council, a plan and estimate as
nearly accurate as practicable, of any contemplated improve-
ment or alteration, in any street, alley or highway, in said
city; and whenever any such improvement is in progress, it
shall be the duty of the street commissioner, at least once in
each month, to report in writing, to the City Council, the
progress and condition of such improvement, and faithfully
to observe and report whether any breach is made of the
terms of any contract in pursuance of which any such im-
provement or work may be in progress, and nd work done
under any contract shall be finally paid for, or the contractor
released, until the same shall be reported complete by the
street commissioner.
SEc. 4. That it shall also be the duty of the street com-
missioner to see that all ordinances in relation to the streets
REVISED CITY ORDINANCES. 41
of the city are properly enforced, and he is authorized and
required at all proper times to take such measures as may be
necessary to preserve and keep in order, and free from' filth
and all nuisances, the streets and highways of the city.
Sic. 5. The street commissioner shall be a peace officer
in and for the city, and shall have power to arrest, with or
without warrant, any person whom he shall find engaged in
the violation of any ordinance of the city.
CHAPTER XIV..
AN ORDINANCE to provide for the election of City Assessor.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That there shall be elected at the annual city
election in each year, an Assessor, who shall be a qualified
voter of the city, and shall take and subscribe an oath, and
give bond as required of other city officers, and when so
qualified, shall iminediately enter upon the duties of his
office as provided by ordinance.
See Chapter XC., of 16th G. A. ; Chapter LXXIV., of 20th G. A., and Amend-
ment to Chapter XXX1 V of this book.
CHAPTER XV.
AN ORDINANCE in relation to the Public Landing and to
regulate Wharfage.
SEC. 1. Harbor Master SEC. 5. No wharfage on boats.
2. Duty of Harbor Master. 6. Wharfage on Wood.
3. Steamboat landing. 7. Penalty.
4. Private wharfboats on levee 8. Resistiofficer punished .
prohibited.
Be it Ordained by the City Council of the City of Dubuque :
SEcrIoN i. That the City Council may, whenever they
shall deem it expedient, appoint a Harbor Master, who shall
remain in office during the pleasure of the Council, but not
to exceed one year, unless re -appointed. He shall have
power to act as a police officer, and to arrest without warrant
any person whom he shall find violating any of the ordinan-
42 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 43
ces of the city. It shall be his duty to superintend the public
landing, and to cause all the provisions of any ordinances in .
relation thereto to be enforced. •
SEc. 2. That it shall be the duty of the Harbor Master to •
collect from' all boats and rafts, such rates of wharfage as inay
be fixed by ordinance, to keep a true and correct account of
the same, and to pay the amount into the city treasury once
in each month. He shall assign places for all boats and
rafts, and for all freight landed, and shall possess all requisite
authority to cause the same to be removed to the places as-
signed : Provided, That no boat or raft shall be compelled to
leave any place while discharging or receiving freight, un-
less a landing at such place shall be prohibited by ordinance,
or another landing shall have been previously designated by
the Harbor Master.
SEe. 3. That the portion of the public landing south of
First street is hereby exclusively appropriated as a steamboat
landing, and no raft or boat, excepting steamboats and barges,
shall land thereat : Provided, That the Harbor Master may
allow other boats and rafts to land freight at any point where-
by the convenience of the owners will be promoted, if the
landing of steamboats and their barges will not, in his
opinion, be interfered with in any manner by such landing.
SEC. 4. No steamboat company or person or persons shall,
without permission of the City Council, place or station dur-
ing the season of navigation any private wharf boat, dock or
landing in front of the paved wharves or landings owned by
the city. And any person or persons who shall violate this
section shall he subject to a fine of ten dollars and costs for
each day they shall so violate it, to be collected in any court
having jurisdiction in the •inatter. And after notice of
twenty-four hours to remove said wharf, dock or landing, if
the same shall not be so removed, it shall be the duty of the
Wharf Master to remove the same away from the front of the
paved wharf and landing belonging to the city.
Sec. ' 5. No wharfage shall be collected of any boat or
barge from which shall be landed any article subject to
wharfage by the preceding section, except as therein speci-
fied : Provided, That any boat or barge landing any other
freight, shall be subject to the customary rate of wharfage.
SEc. 6. There shall be collected on all' wood landed upon
the public landing, wharfage at the rate of two cents per
cord. No wood shall be permitted to remain upon the
landing for a longer time than three days without con-
senirof the Harbor Master, and any wood which shall remain
upon the public landing for a longer time than three days
after the Harbor Master shall have given notice to. the owner
or person having charge of such wood to remove the same,
shall be subject to wharfage at the rate herein provided for,
each three days that the same shall so remain.
7. If any person, commanding any steamboat, water
craft, or raft, or having in charge any lumber or wood,
liable to pay wharfage to the city, shall land the same within
the limits of the city, and neglect or refuse to pay the wharf-
age above specified, on demand being made therefor by the
Harbor Master, he shall be deemed guilty of a misdemeanor,
and upon conviction thereof, before any Justice of the Peace,
or other court, shall be fined not less than five, nor more than
one hundred dollars. -
SEc. 8. If any person shall resist, or in any manner aid or
abet in resisting the Harbor Master while in the discharge
of his duties, or shall neglect or refuse to obey any lawful
order given , by him in the discharge thereof, he shall be
guilty of a misdemeanor, and on conviction thereof, shall be
fined not less than five, nor more than one hundred dollars.
44 REVISED CITY ORDINANCES.
CHAPTER XVI.
AN ORDINANCE to provide for regulating Weights and
Measures.
SEC. 1. Council to appoint Inspector. SEC. 4. To inspect each year.
2. Duty to inspect weights. 5. Entitled to fees.
3. Duty to mark them inspected. C. To Register.
Be it Ordained by the City Council of the City ,of Dubuque:
SECTION I. That the City Council shall appoint in each
year an inspector of weights and measures, and shall provide
correct and appropriate standards for the purpose of testing
and proving all weights, measures, scales, beams, steel yards,
and other weighing instruments, wliich said standards shall
conform to the standards of the state and county, as estab-
lished by law.
SEC. 2. That every person engaged in the buying or sell-
ing of goods, wares or merchandise, using weights, measures,
scales, beams, steel yards or other weighing instruments, in
weighing or pleasuring any article intended to be purchased
or sold in this city, shall cause such weights, measures, scales,
beams, steel yards or other weighing instruments, to be
sealed and marked by the inspector and sealer of weights and
measures for said city, and - if any person shall use any
weights, measures, scale, beam, steel yard or other weighing
instruments for weighing or measuring any article for pur-
chase or sale in said city, not so sealed or marked as afore-
said, or shall use in buying or selling any false weights,
measures, scales, beams, steel yards, or other weighing or
measuring instruments, whether the same shall have been
inspected and sealed as aforesaid, or not, .he shall forfeit the
penalty of not less than five dollars, nor more than fifty
dollars for each offence.
SEc. 3. That it shall be the duty of said inspector and
sealer to mark and seal all weights and measures, scales,
beams, steel yards and other weighing instruments, which
he shall find to conform, or which shall be so adjusted as to
conform to the established standards.
REVISED CITY ORDINANCES. 45
SEC. q.. That it shall be the duty of said inspector and
sealer, and he is hereby authorized to inspect and examine at
1 east once in each year, and as much- oftener as he may think
proper, all weights, measures, scales, beams, steel yards and
other weighing instruments used in said city, for measuring
and weighing as aforesaid, and if any person shall refuse to
exhibit such weights, measures, scales, beams, steel yards or
other weighing instruments to the said inspector and sealer,
for the purpose of examination and inspection as aforesaid,
such person shall forfeit the penalty of five dollars for each
offence, and if any person shall obstruct the -said inspector
and sealer - in the performance of the duties hereby imposed
upon him, such person shall forfeit the penalty of ten dollars
for every such offence.
SEc... That the Inspector of Weights and Measures
shall be entitled to receive as fees for inspecting, regulating
and sealing weights and ineasures, from the persons owning
and using the same, the following sums, viz : for plat-
form scales with weights belonging thereto, fifty cents
each ; for counter scales with weights, twenty-five cents each ;
for beam scales for weighing moo pounds and upwards; fifty
cents each ; for smaller denominations,. twenty-five cents
each ; for weights single, five cents, but not to exceed twenty-
five cents for a set or a part of a set ; for dry measures, bushel
or half bushel, ten cents ; smaller denominations, five cents
each ; for wine measures, three gallons and upwards, ten
cents ; smaller denominations, five cents each ; for each yard
measure, five cents. But it shall not be lawful for the In-
spector to collect or receive the aforesaid charges for inspecting
and examining weights, measures, scales, beams, steel yards and
other Weighing instruments, more than once in each year,
from the same person for the same instrument, unless not
found conformable to the standard.
SEC. 6. That it shall be the duty of said inspector and
sealer to make a regular register of all the inspections and
46 REVISED CITY ORDINANCES.
examinations, in which he shall state the names of the per-
sons for whom such inspections and examinations were made,
and whether the weights, measures, etc., conformed to the
standards, and it shall also be his duty to report to the City
Council the names of all persons whose weights, measures,
scales; beams, steel yards and other measuring instruments
are not correct, and to deliver a copy of his said register to the
Recorder.
CHAPTER XVII.
AN ORDINANCE to establish and regulate Markets, and
the sale -of Meats, etc.
Sac. 1 Market $uildings.
2. Rent of stalls.
3. Care of Market Master.
4.. Not open on'Sunday.
5. Purchaser not sell again.
6. Unsound meat prohibited. •
7. No person to lounge in.
8. Not to sell outside without license.
9. Market "how understood."
10. Not to sell outside.
11. Guilty of offense punished.
I2. No dealer to buy betweet hours of
10 P. M. and 8 A. M.
Sec:. 13.
14.
15.
1a.
17.
Penalty for using stall.
Not to tie legs of fowl.
No to tie legs of sheep.
Not effect Merchants.
Selling meat without license
prohibited.
18. Selling less than by quarter by
farmers unlawful.
19. Penalty for violation. •
20. Meat to be weighed by public
weigher.
2l. Penalty.
Bc it ardained by the City Council of the City of Dubuque:
SECTION i. That the building o:i the corner of Main and
Jones street, known as the First Ward Market, and the build-
ing on Thirteenth, between Clay and Iowa streets, known as
the Central Market, with as much of the streets adjacent
thereto as may be necessary for the purpose, are hereby
established as public markets, and shall be kept as such
under the direction of such persons as the City Council may
appoint, to perform the duties of market masters for such
markets, respectively.
SEC. 2. The rents of stalls in either of the markets of the
city, shall be fixed by the City Council in each year, prior to
the first day of May, or whenever such stalls may become
vacant. The choice of stalls at the rent fixed by the Council,
shall be offered for sale on the premises, by the Market Mas-
REVISED CITY ORDINANCES. 47
a
ter, or City Marshal, on the first day of May in each year, (or
on the second day if the first shall be Sunday,) at an hour be-
tween 9 o'clock A. NI. and 4 o'clock P. M. ; Provided, That
the lessee of any stall have the privilege of leasing the same
for another year, at the rent fixed by the Council. The
sale may be adjourned for good cause, not longer than one
week. The highest bidder for any stall shall be entitled to.
a lease of such stall for the term of one year, on payment to
the Treasurer of the rent and premium, in cash, unless the
City Council shall direct the same to be received in scrip.
Leases, signed by the Mayor and Recorder, shall be issued to
persons entitled thereto. If any stall shall not be leased at
the regular sale, or shall at any time become vacant, the
Council may appoint a day for leasing such stall in the man-
ner herein provided.
SEC. 3. The Market Masters shall exercise general care
and supervision over the market houses, and gronnds, shall
assign places to all wagons and dealers, and shall preserve
order during market hours. They shall see that the markets
are properly cleaned, and that all dirt, or offensive matter of
any kind, is removed at the close of each market day, and
that the markets are opened and closed at the hours fixed by
the Council. It shall be their duty to see that all ordinances
in relation to markets are strictly enforced. • They shall
cause all unsound or diseased heats, or other articles offered
or exposed for sale in market, to be seized and destroyed, or
so disposed of as not to be used for food. They shall cause
all articles of less weight than represented by the seller,
which shall be offered or exposed for sale with intent to de-
fraud, to be seized and sold, and the proceeds thereof paid in-
to the City Treasury.
SEC. 4. The markets shall be open daily (Sundays ex-
cepted) during such hours as the City Council shall, by reso-
48 REVISED CITY ORDINANCES. •
lution, from tiine to time, determine. No provisions or other
articles shall be sold in said markets except during market
hours.
SEC. 5. No person after having purchased in market any
meat, poultry, game,, fish, butter, eggs, fruit, vegetables or
other articles, shall sell or offer for sale the same in any
marketplace in the city. No person attending market for
the purpose of selling shall purchase any article sold in the
market as agent for any other person. No person shalt sell
or give away in market any spirituous or fremented liquors.
SEC. 6. No person shall sell, or expose, or offer for sale,
at any place in the city, any tainted, putrid, blown, plated,
raised or unsound meat, fish, eggs, poultry or other article
of food. No person shall offer for sale chickens with their
limbs tied, at any place in the city.
SEc. 7. No person not having lawful business in market
shall idly sit, walk, lounge or lie in or about the market
place, nor shall the smoking of tobacco be allowed therein,
during market hours. No dog, slut or other offensive animal
shall be permitted in the market house at any time, nor shall
any person bring or suffer to come into or upon a market
place during market hours any unruly or dangerous animal
of any kind.
SEc. 8. That the City Recorder is hereby authorized to
issue a license to any person or persons to sell or expose to
sale any fresh meats, poultry or fish at any place in the city
outside of the established markets. Any person desiring
such license shall make written application to the Recorder,
stating the place where his business is to be carried on, and
the articles which he proposes to sell. The City Council
shall fix the amount to be taxed for such license, and the Re-
corder shall, upon the production of the Treasurer's receipt
for the amount so fixed, issue a license to such person for the
REVISED CITY ORDINANCES. 49
purpose specified. No person shall by himself or agent sell
or expose for sale any fresh meats, poultry or fish without
such license, under' a penalty of not less than five nor more
than ten dollars,
SEC. g. Whenever the words "in market" are used in this
ordinance, they shall be understood to refer to the markets of
the city as established by ordinance for the sale of meat and
vegetables.
SEc. ro. No person shall sell, or offer or expose for sale,
upon anv of the streets of the city not included in the market
places, established by ordinance for the sale of such articles,
any game, butter, eggs, fruit or vegetables of anv kind.
SEc. rr. Any person who shall commit any act or offence
prohibited in this ordinance, for which a penalty is not other-
- wise herein provided, shall forfeit and pay upon conviction,
a finehof not less than one dollar, with costs of prosecution.
SEc. 12. No person shall buy for the purpose of selling
again any fresh meat, fish, poultry, butter, eggs, vegetables
or fruit of any kind in Market after :o o'clock P. M. or be -
for 8 o' clock A. M. of any market day ; and any person so
offending shall forfeit and pay upon conviction a fine of not
less than five dollars nor more than twenty dollars for each
offence with costs of prosecution.
SEc. 13. Any person who shall use or occupy any stall in
either of the markets of the city, for the purpose of selling
meat, poultry, fish, or any other article of provision, without
authority expressed in a lease, as provided in section 2 of this
ordinance, shall be subject to a penalty of not less than five nor
more than twenty dollars for each day that such stall shall be •
used for the purpose aforesaid.
SEC. 14. That it shall be unlawful for any person to have,
keep or expose for sale, at the Central Market, or on any
street, alley or sidewalk, or in any house, store or shop,
within the limits of the City of Dubupue, any chicken, goose,
' 50
REVISED CITY ORDINANCES.
turkey, duck or other domestic fowl, with the legs of the
same tied with.a string or cord ; and any person found guilty
of such offence shall be fined not less than one, nor more than
five dollars.
SEc. 1.5. That it shall be unlawful for any person to have,
keep or expose for sale, at the Central Market, or in any
house or shop or in any street, alley or sidewalk within the
limits of the City of Dubuque, any sheep, lamb, calf, hog,
pig or other domestic animal, with the legs of the same tied
with a string, cord or rope, and any person who shall be
found guilty of such offence shall be fined not less than one,
nor more than ten dollars.
SEC. 16. Nothing herein contained shall be so construed
as to prohibit merchants or commission merchants from bay-
ing or selling poultry and fish in the usual way to their cus-
tomers, nor shall this ordinance apply to or effect pork,pack-
ers, who have taken out a license to carry on such business.
SEc. 17. That it shall be unlawful for any person, not a
producer, but one who makes it his principal business to buy
for the purpose of selling again, fresh beef, veal, lamb, mut-
ton, pork, poultry, or farm produce, except merchants doing
business in said city, to sell or expose for sale, in said city,
any fresh meats of the kind above set forth, in any quantity,
without first procuring a license therefor, the salve as
butchers, and as provided itt Section I -of an ordinance "To
authorize the sale of meats, poultry, and fish outside the es-
tablished markets passed October 2, 1876," being section 8
of this ordinance.
SEc. 18. That it shall be unlawful for any merchant,
farmer, or producer, to sell, or expose for sale, in said city,
any fresh meats of the kind set forth in section 17 hereof, in
a quantity less than a quarter without first procuring a license
therefor, the same as butchers, and as provided in section i
REVISED CITY ORDINANCES. 51
of an ordinance "To authorize the sale of meats, poultry,
and fish outside the established markets," passed October 2,
1876.
SEc. 19. That any merchant, farmer, producer, or other
person, who shall violate the provisions of sections 17 and 18
of this ordinance, shall, upon conviction thereof, be fined
not less than five, or more than ten dollars, with costs of
prosecution. •
SEC. zo. That it shall be unlawful for such persons as are
described in sections 17 and 18 of this ordinance, to sell in
said city any fresh meats of the kind and quantity therein
provided for, without first having the same weighed by the
Marketmaster or some public weigher, and receiving from
said Marketmaster or public weigher a certificate of such
weight, and paying therefor to cents for each quarter of beef
and 5 cents for each quarter of veal, mutton or lamb.
SEC. 21. Any person violating the provisions of section
zo hereof, shall, upon conviction thereof, be fined not less
than one or more than five dollars, with costs of prosecution.
Section 12 passed. July 8, 1887.
CHAPTER XVIII.
AN ORDINANCE to establish Hay, Wood and Grain
Markets, and,regulating same.
Hay and Wood Markets. SEC. 6. Not to obstruct street with wood
Not to occupy streets. wagons.
Hay to be weighed. 7. Establishing Grain and Pork
Not to falsify certificate. Market.
Penalty for violation. S. Grain to be weighed and price.
9. To regulate scale.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That lots numbered 187, 188, 189, 190 ,191,
212, 213, 214, 215 and 216 in East Dubuque Addition to the
City of Dubuque, Iowa, and composing the block situate be-
tween Fourteenth and Fifteenth streets, and Pine and Elm
streets, in said city, are hereby set apart and established as a
52 REVISED CITY ORDINANCES.
Hay Market for said city, and that Seventh street, between
Iowa and Clay streets, with Clay street, between Seventh and
Eighth streets, as hereby set apart and established as a
Wood Market -for the city.
SEc. 2. That no person having charge of any hay team
• shall allow the same, while waiting to sell their loads, to
stand upon or occupy any other grounds or streets, or any of
the streets upon which said lots, hereby set apart and estab- -
lished as a Hay Market, front. And it shall be the duty of
such persons to place their teams on said lots, so as not to ob-
struct the streets or sidewalks, on which said lots abut.
SEC. 3. That any person selling or offering to sell, within
the limits of the city, any hay to be consumed therein, shall
cause the same to be weighed upon the public hay scales of
the city, and obtain a certificate of the weight thereof from
the weigher, and the said weigher shall, and it is hereby
made his duty to write said certificate with ink.
SEC. 4. No person who shall have had any hay weighed,
as aforesaid, shall diminish the weight thereof, or in.any way
falsify the certificate of the weigher, or shall suffer the same
to be done, with intent to deceive or otherwise.
SEc. 5. Any person wilfully disregarding or violating this
ordinance, or any part of the same, shall, for each offence, be •
subject to a penalty of not less than one nor more than five
dollars, including costs of prosecution.
Sic. 6. That no person having charge of any wood team
shall allow the same to stand upon or occupy any other streets
or grounds, while waiting to sell their loads, than the place
hereby established as a Wood Market, and it shall be the
duty of such persons to place their teams each side of said
streets, so as to leave the center of the salve open for travel. '
Any person who shall offend against the foregoing provisions
of this ordinance shall be subject to a fine of not less than one
dollar, with costs of prosecution.
S±'
REVISED CITY ORDINANCES. 63
SEc. j. That Main street, between First and Jones streets,
on both sides of the First Ward market house, including said
Market House so long as the Council shall permit the salve
to be used for that purpose ; and First street between Main
and Locust streets ; and near the hay scales at West Dubuque;
and Eighteenth street between Cooler Avenue and White
street ; are, hereby set apart and established as a grain and
pork market, and that any person who shall purchase for the
purpose of selling again, any pork, or any grain of any de-
scription, brought into the city on any wagon or sled, in. any
part of the city than at the market hereby established, shall
be subject to a penalty of not less than five dollars, with costs
of prosecution.
SEc. 8. The Public Weigher and his deputies appointed
under the provisions of "An Ordinance to regulate the
weighing of dressed' hogs," shall also be the weighers of
grain, and shall weigh any grain offered to be weighed on
their scales, and shall receive therefor, from the owners or
persons offering such grain to be weighed, the sum of fifteen
cents for each draught. _
SEC. g. The Sealer of Weights and Measures shall ex-
amine and regulate such scales, when requested by the
weigher, without charge. And any person who shall wil-
fully injure such scales, or shall, with intent to defraud,
change or alter any part of the same, or any of the weights
belonging thereto, shall be subject to a fine of not less than
twenty dollars, with costs of prosecution.
CHAPTER XIX.
AN ORDINANCE to regulate the weighing of Dressed Hogs.
SEC. 1. Public Weigher.
2. All hogs to be weighed.
3. Penalty for violating.
Sue. 4. Fines to be paid city.
5. who eligible as weigher.
S. When operative.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. The City Council shall appoint in each year
54 REVISED CITY ORDINANCES.
a Public Weigher, who shall be authorized by this ordinance
to employ the necessary number of deputies, all of whom
shall be approved by the City Council. Said Weigher shall
provide himself with the necessary scales and platforms, and
at as convenient a locality, or localities, as may be designated
and approved by the City Council, and such person, or per-
sons so appointed, shall weigh all .dressed hogs sold within
the limits of the City of Dubuque, and said Weigher, or
Weighers, shall receive as compensation therefor, for three
hogs, or less than three, ten cents each ; for loads of more
than three, five cents each. On each hog so weighed, said
Weigher shall mark distinctly the weight, and shall furnish
the seller with a certificate of all hogs weighed, on which
each separate weight shall be marked, and in all cases the
seller shall pay for weighing as above.
Si c. 2. All persons selling dressed hogs the City of
Dubuque, shall have them weighed, as above provided.
Ste. 3. Any person selling or buying any dressed hog, or
hogs, without having them weighed as provided for in this
ordinance, shall be subject to a fine of not less than five
dollars, nor more than twenty dollars for each offence, and
in addition thereto, all costs that may accrue in the enforce-
ment of collection.
SEC. 4. All fines shall be collected as by law provided,
and when so collected, shall be paid over at once, by the
court having jurisdiction, to the Treasurer of the city.
Sec. 5. No person shall be eligible to the office of Weigher
as provided for in this ordinance, who shall be in any way,
directly or indirectly, interested in the purchase and sale of
dressed hogs.
Sic. 6.. This ordinance shall be operative only from No-
vember 1st, in each year, to the r5th day of March, in the
following year.
REVISED CITY ORDINANCES. 55
CHAPTER XX.
AN ORDINANCE regulating the use of Public Scales.
SEC. i. Council to elect Weigher. Sic. ti. Market Master to weigh.
To obtainCert.ificate. 7. To receive ten cents each draught.
3. Not to falsify Certificate. 8. To report to Council.
4. To keep Scales in good order. 9. Penalty One to Five dollars.
5. Weigher to weigh Cattle aucl Hogs.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That there shall • be appointed by the City
Council, as soon as practicable,. after the annual election in
each year, Weighers of hay for said city, - who shall have
charge of the public hay scales in said city, who shall be
qualified according to law, and give bond, and who shall
hold their office until their successors are appointed and
qualified.
SEC. 2. That any person selling, or offering to sell, within
the limits of the city, any hay to be consumed therein, shall
cause the same to be weighed, and obtain a certificate of the
weight thereof from the Weigher.
Sue. 3. No person who shall have had any hay weighed
as aforesaid, shall diminish the weight thereof, or in any way
falsify the certificate of the Weigher, or shall suffer the same
to be done, with intent to deceive.
SEC. 4. That it shall be the duty of each Weigher, either
by himself or some deputy by him appointed, for whose acts
he shall be responsible, to be in readiness at all times at
some convenient place to be by him designated, to attend to
the business of weighing hay, as provided in this ordinance.
And he shall keep the public hay scales in_ good order and
repair, and shall cause the accuracy thereof to be tested
from tune to time, whenever the City Council may require,
or whenever the same may have become inaccurate from
any cause.
SEC. 5. That the said Weigher shall attend to the weigh-
ing of hay, cattle, hogs, or whatever else inay be offered to
be weighed on said scales, and shall be entitled to receive
•
56 REVISED CITY ORDINANCES.
from the person procuring the same to be weighed, the sum
of ten cents for each draught, and shall not knowingly give
any false certificate of such weighing. They shall keep
accurate account of all articles weighed on said scales ; the
number of draughts and the fees therefor received, and shall,
once in every month, render an account thereof to the City
Council, and at the time of such accountinf pay to the City
Treasurer all money received for weighing on said scales,
not previously accounted for.
SEc. 6. That the Market Master of the Central Market
shall, at any time during market hours, attend, if required,
to weighing upon the platform scale provided for use at said
market, any meat, poultry, or other article of provisions, or
any article usually sold by weight in said market.
SEc. 7. All persons are hereby prohibited from charging
or receiving any fee or reward for weighing any of the
articles, the weighing of which is provided for in the fore-
going section, except that the Market Master for weighing, as
therein provided, shall be entitled to receive from the owner
of the articles weighed the sum of ten cents for each draught.
SEC. 8. The Market Master shall, at the close of each
month, report to the Council, stating the amount of money
received by him under this ordinance, during the month
immediately preceding, and shall pay into the treasury the
amount so received.
SEc. 9. Any person wilfully disregarding or violating this
ordinance, or any part of the same, shall be subject to a
penalty of not less than one or more than five dollars for
each offence.
• 1`
REVISED CITY ORDINANCES. 57
CHAPTER X-X I.
AN ORDINANCE providing for the appointment of an In-
spector of wood, and regulating the sale of wood fdr fuel
in the City of Dubuque.
SEc. I. City Council to appoint.
2. Wood to be sold by cord.
3. Row piled.
4. Penalty.
5. Tnspector to oversee.
0. inspector shall not buy.
Be it Ordained by the City Council of the City of Dubuque :
SECTION r. The City Council shall appoint each year a
City Inspector of Wood who shall remain in office during,- the
pleasure of the Council, and whose duty it shall be to enforce
the provisions of this ordinance, and such amendments there-
to as may from time to time be made.
Sue. 2. All wood sold for fuel in the City of Dubuque
shall hereafter be sold by the cord or part thereof ; and the
cord mentioned in this ordinance shall consist of one hundred
and twenty-eight cubic feet, well and compactly stowed, and
with reasonable allowance for crooked and uneven wood.
SEc. 3. All persons bringing wood into the City of
Dubuque and offering the saine for sale, upon the levee or
banks of the Mississippi river or any of the sloughs or chan-
nels thereof, or at any other place within the city limits,
shall, when the same is placed upon the banks or levee, or at
such other place where the same is to be offered for sale, so
pile said wood that a space of at least one foot shall intervene
between the ranks thereof, and each rank thereof shall be so
piled as to clearly show the kind and quality of wood in each
rank, and to that end all limbs and crooked sticks shall be
placed upon the top of the ranks, or in a separate rank by
themselves, and the other wood shall he piled bark up as
compactly as possible.
SEc. 4. No person shall sell or offer to sell any wood for
fuel within the limits of the City of Dubuque until said wood
has been inspected and passed by the inspector as herein pro -
SEC. 7. Fees.
B. Not to sell from wagons.
0. Wood Market.
10. Fined for resisting.
11. Inspector to keep account.
58 REVISED CITY ORDINANCES.
vided for ; and any person who shall violate the provisions
of this section shall be liable to a fine of not less than ten nor
more than fifty dollars for each offence.
SEC. 5. It shall be the duty of the Inspector of Wood to
oversee the ranking and piling of all wood for fuel brought
to the City of Dubuque for sale, and to cause the salve to be
piled as herein provided for ; and when piled to inspect and
measure the same. If any wood is not piled as' herein pro-
vided for, he shall notify the owner or person having the
same in charge to repile the same as herein provided for ; and
in case the owner or person having the same in charge fails
to do so within a reasonable time the inspector shall refuse
to pass said wood, and shall mark the same as rejected. All
wood properly piled and marked shall be 'measured by the in-
spector who shall give a certificate of such theastirement to
the owner of the wood or person having the same in charge,
setting forth the dimensions each wa.y of the rank so
measured, stating the number of feet in length of such rank
required to make up a cord of one hundred and twenty-eight
cubic feet and the measurement so made shall be binding
and conclusive on both buyer and seller ; a duplicate of the
above certificate shall be attached by the inspector to each
rank of wood by him inspected and' passed, and all sales of
such wood shall be from the rank as measured by the in-
• spector ; Provided, that whenever such wood be removed
from the place where inspected and measured by the inspec-
tor to any other place in said city to be again offered for sale,
the same shall be again ranked and measured, and a new
certificate thereof attached to each rank as above provided,
but the fees to be charged by the inspector shall he only one-
half the amount herein provided.
SEc. 6. The Inspector of Wood shall not buy, sell, or in
any manner deal in wood either for himself or others save
and except to purchase wood for his own use, nor shall he be
interested, either directly or indirectly, in the purchasing or
REVISED CITY ORDINANCES. 59
selling of wood, nor in the profits to be derived therefrom,
nor shall he in any manner aid or assist in making sales or
purchases of wood.
SEc. 7. The fees of the inspector for services rendered by
him in inspecting and measuring wood, shall be as follows :
For every lot of one cord or less, - - - - io cts.
For every lot over one and less than twenty cords, for
each cord therein, - - - 5 cts.
For every lot of twenty up to fifty, for each cord therein, 4 cts.
For every lot of fifty or over, for each cord therein, 3 cts.
SEC. 8. Ne person shall sell or offer for sale in that por-
tion of the City of Dubuque lying east of Bluff street, with
Bluff street included, and between Jones and i8th street, any
wood for fuel loaded upon any wagon, sled or other vehicle
until the same shall have been first inspected and measured
by the Inspector of Wood, and a certificate of the quantity
thereof in cords, or parts of a cord, be procured by him. Any
person who shall violate the provisions of this section shall
forfeit and pay to the city for each offence the sum of five
dollars.
SEC. 9. That Eighth street, between Clay and White
streets, and White street between Seventh and Eighth streets,
are hereby set apart and established as a wood market for the
City of Dubuque ; and the Inspector of Wood is hereby re-
quired to attend the same during business hours in the winter
season, and measure and inspect all wood that may he pre-
sented for measurement and inspection.
SEc. to. Any person who shall resist or interfere with the
Inspector in the performance of his duties under this ordi-
nance, or shall neglect or refuse to comply with any of the
requirements thereof, or shall mutilate, destroy or change
any certificate attached by the Inspector to any rank of wood,
by him measured or in any other manner violate -any of the
provisions,' shall, when no other penalty is herein provided,
60 REVISED CITY ORDINANCES. " REVISED CITY ORDINANCES. 61
be punished by fine not less than five or more than fifty
dollars with costs of prosecution at the discretion of the
court before which he may be prosecuted, and such court may,"
in addition to such fine, imprison such offender until such
fine and costs be paid.
SEc. II. That the Inspector of Wood shall keep a correct
and true account of all wood- brought to the City of Dubuque
for fuel, and shall report to the City Council at every one of
its regular sessions the amount of wood measured by him
during the month previous, for wwhoin the same was measured,
and the amount of fees paid him therefor by each person, at
whose request such measurement was made, and shall account
for and pay into the City Treasury five per cent. of all fees
received by him during said month, and shall turn over to
the Treasurer the stubs of all certificates issued by him,
showing the date of issue, the amount of wood measured, for
whom measured, and the fees charged by him.
That as soon as any wood shall have been measured by the
Inspector, said Inspector shall have the right to demand and
receive of the owner of such wood in advance the fees to
. which he may be entitled, and shall not be required to de-
liver a certificate until such fees be paid.
' CHAPTER XXII.
AN ORDINANCE prescribing the mode in which charges
may he preferred against any officer under the city govern-
ment, and for hearing and deterinining the same by the
City Council.
SEC. 1. Officers may be expelled. Sic. 5. Recorder to record all complaints.
2. City Council to hear complaints. G. Charges against Mayor.
3. Complaint to be in writing. 7, Not exempt on Bond.
4. TIme for trial. S. . Not to include appointed officers.
Be it Ordainedby the City Council of the City of Dubuque:
SIECTrION T. Any officer under the city goverment, whether
elected by the people or appointed by the Council, who shall
be guilty of gross negligence or carelessness in the perform-
ance of the duties of his office, or shall, in any manner violate
his official duty, upon being found guilty thereof as herein-
after provided, may be expelled or removed from office as
herein provided for.
Sm. 2. The City Council shall hear and finally determine
all complaints made under the provisions of this ordinance.
Ste. 3. All charges preferred against any officer of the
city government 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 ; such complaint shall briefly set forth the name
of the person charged, the title of the office by him held, and
the facts which constitute the grounds of the charge preferred,
and shall be presented to the City Council at any regular or
special meeting thereof ; and if in their opinion the matter
set forth in such complaint warrants an investigation and
trial of the party therein charged, the Council shall further
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 be in writing, signed
by the Mayor, and shall, together with a copy of the com-
plaint, be served on the defendant by the City Marshal, in
like manner as original notices are served under the laws
of Iowa.
Suc. q.. 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 Coun-
cil, 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 com-
plaint, the Council may, in their, own option, hear evidence
in the matter, or at once proceed to a final vote as hereinafter
62 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 63
provided. All questions arising in the progress of the. hear-
ing shall be determined by a majority vote upon the ayes'and
nays. As soon as the hearing'of the case is closed, the pre-
siding 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 ques-
tion shall be put separately on each: If the defendant is an
officer elected by the voters of the city, or any ward or dis-
trict therein, it shall require an affirmative vote of two-thirds
of all members elected to the Council to find him guilty. In
the case of any other officer a majority shall be sufficient. If
the defendant is found guilty as herein , provided for, the
Mayor or presiding officer shall forthwith declare : "That by
judgment of the City Council, the defendant is removed and
expelled from the office heretofore held by hini."
SEC. 5. 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.
Ste.. 6. Should charges under this ordinance be preferred
against the Mayor, or any member of the City Council, the
person so charged shall not preside over the Council, nor vote
upon any question during the trial of such case. In all cases
in which it may become necessary, the council may authorize
any proper person to perform the duties herein required of
the Mayor, Marshal, Recorder or City Attorney.
Ste. 7. The removal or expulsion of any officer under the
provisions of this ordinance shall not exempt him nor his
sureties, from liability on his official bond.
Sze. 8. This ordinance shall not be so construed as to
prevent the City Council from removing from office any
officer appointed to hold during the pleasure of the council.
CHAPTER XXIII.
AN ORDINANCE in relation to Licenses.
SEC.1. Licenses.
2. License subject to Ordinance.
3. Not assignable.
4. Application to City Recorder.
5. Application to Mayor.
6. Recorder to keep register.
7. Marshal to enforce.
8. Auctioneers.
9. Brokers.
SEC. JO. Livery stables.
11. Wagons and Drays.
12. Billiard Tables.
13. Saloons, public places.
11. Traveling physicians.
15. Peddlers.
16. Exhibitions.
17. Roller Skating.
B6 it Ordained by the City Council of the City of Dubuque :
SECTION 1. All licenses shall be signed by the Mayor and
attested by the Recorder, under the seal of the city, and
no license shall be valid until so signed and attested. Each
license shall bear date the day of the issuing thereof, and
shall specify the person to whom, and the purpose for which
the same was issued, and the time of its expiration, which
shall not be later than the last day of March next, after its
issue. But if such licenses be issued subsequent to the 1st
day of April, and the amount paid therefor would, if paid on
that day, have entitled the holder to its benefits for one year,
then on its renewal on the 1st day of April next after its issue
the holder will be entitled to a credit on the renewed licenses
for the time between the date of the expired licenses and the
1st of April next after its issue.
Ste. 2. All licenses granted shall be subject to all ordi-
nances in relation to such licenses in force at the time of the
issue of such license, or which may be subsequently passed
by the City Council in relation thereto. And if any person
licensed, shall violate any provision of any ordinance in re-
lation to such license, he shall be proceeded against for any
fine, or penalty, imposed thereby, and his license may be re-
voked, or forfeited, at the discretion of the Council.
SEC. 3. No license granted shall be assignable, or trans-
ferable, nor shall aliy person be authorized to do business, or
act under such license, but the person to whom it is granted;
nor shall any license authorize any person to act under it at
64 REVISED CITY ORDINANCES.
- more than one place at the same time. Whoever shall vio-
late any provisions of this section, shall be deemed to be act-
ing without license, and shall be sUbject to the same penalty
as is prescribed for acting without license.
SEC. q.. Whenever the amount required to be paid for any
license is fixed by ordinance, and no bond is required, appli-
cation for the license may be made to the City Recorder
who shall, upon the production of a certificate from the City
Treasurer, showing that the required sum for such license has
been paid to him for that purpose, issue to the applicant the
required license, in accordance with the provisions of the city
ordinances.
SEc. 5. But if the amount to be paid for any license is
- not fixed_by ordinance, or if a bond is required. to be filed be-
fore a license can be issued, application in writing must be
made to the Mayor for such license, stating the purpose and
length of time for which the same is desired, and the place
where the business is to be carried on, and when a bond is
required, the names of the proposed sureties. If the Mayor
shall grant the application, or approve of the sureties for the
bond, he shall so endorse the application, -and state the
amount required to be paid for the license, and the time for
which it shall be issued ; and upon the filing of the applica-
tion so endorsed, and the required bond, with the Recorder,
and producing the certificate of the Treasurer of the city,
showing that the required sum has been paid, the Recorder
shall issue to the applicant a license for the purpose and time
specified. But if the Mayor refuse such application, he shall •
report the application to the City Council at their next meet-
ing, for their action thereon.
SEC. 6. The City Recorder shall keep a License Register,
in which he shall enter the naive of each person licensed_,
for what purpose licensed, the amount paid, the date of the
license, and the time of expiration of the same ; and at every
REVISED CITY ORDINANCES. 65
regular meeting of the Council report an abstract of all -
licenses issued since his last report, and the amount taxed for
each.
SEc. 7. The City Marshal shall enforce all ordinances in
relation to licenses, and shall from time to time examine the
license register, and prosecute all persons who may he acting
without license.
AUCTIONEERS.
SI:c. 8. That no person shall sell or offer for sale, at pub-
lic auction, within the limits of the City of Dubuque, any
real or personal property, unless duly authorized by an
auctioneer's license, under a penalty of $Ioo.00 for each sale;.
Provided, That the foregoing prohibition shall not apply to
sales made by any sheriff; constable, marshal, or other offi-
cer, by virtue of legal process.
a. For every auctioneer's license, there shall be taxed and
collected the sum of $25. oo. Before any person shall be
licensed to act as an auctioneer, he shall execute and file with
the Recorder a bond to the City of Dubuque, in the penal
sum of Woo, with two or more sureties, to be approved by
the Mayor, conditioned for the faithful compliance with the
provisions of this ordinance, and the prompt payment of all
moneys herein required, to be paid to the city.
b. Every licensed auctioneer shall make and return to the
the City Treasurer, before the last Saturday of each month, a
written statement, under oath, of the amount of money re-
ceived by him, for all property sold by him at auction, and
by any and all persons in his employ, or acting ender his
license, during the month next preceding, and shall pay in-
to the city treasury at the time of making such return, a'sum
equal to five per cent. of the amount so received by him :
Provided, That if said auctioneer shall show to the satisfac-
tion of the City Treasurer, that any of the articles sold at
66 REVISED CITY ORDINANCES.
auction have, within one year prior to the date .of such sale,
been included in the regular assessment of property for city
taxes, and that the taxes assessed thereon have been paid to
the city, such articles shall be exempt from the tax of two
and a half per cent. imposed by this ordinance. On. failure
of any auctioneer to make return and payment, as herein re-
quired, his license shall be suspended until such return and
payment shall be. made. And it is hereby made the duty of
the City Treasurer, in case of such failure, to give notice to
the City Marshal of the suspension of said license, and .the
Marshal shall see that the provisions of this ordinance are
enforced against such delinquents in ,the same manner as
if no license had been issued to such auctioneer.
The Mayor shall, if he deems it necessary, employ a compe-
tent person to attend any auction sale and keep an accurate
account of all sales made, such account to be the basis upon
which to levy the five per cent., under the provisions thereof,
such person to receive such pay as may be agreed upon be-
tween him and the Mayor, to be paid from the percentage de-
rived from such sales by auction.
c. Any person who shall sell at public auction on the
streets or sidewalks, or in the door -way of any house, so that
the bidders or bystanders shall encumber, or block up any
street or sidewalk of the city, shall be subject to the penalty
for obstructing the streets.
This ordinance shall not apply to sales under execution,
mortgage, deeds of trust, order of court, executor's, adtninis-
trator's, or guardian's sales.
BROKERS.
SEC. g. No person shall, within the limits of the City of
Dubuque, for the purpose of selling again at a profit, or for
the purpose of realizing a profit therefrom, buy, discount or
shave any bill of exchange, check, draft or order for the pay-
ment of money or other thing of value, bank note, promissory
REVISED CITY ORDINANCES. 67
note, bond, mortgage or other writing obligatory, gold or
silver coin ; or buy, sell or negotiate the sale .or purchase of
any such instrument, or personal or real property for others,
for a commission or other compensation, without a Broker's
License, issued therefor by said City under a penalty of not
less than ten, nor more than fifty dollars for each offense ;
and for every such license there shall be taxed and collected
by said city the sum of fifty dollars.
LIVERY STABLES.
SEc. To. No person shall, within the limits of the City
of Dubuque, keep horses. or carriages, to be let for pay, un-
less duly authorized by a license to keep a livery stable ; and
for such license there shall be taxed and collected the sum of
fifty dollars. Whoever shall violate the provisions of this
section, shall forfeit and pay the city the sum of twenty
dollars for each day such business is carried on without such
license.
a. No person shall, within the limits of the City of
Dubuque, use any hack, carriage, omnibus, or other vehicle,
for the purpose of carrying passengers from one ' place . to an-
other, within said city, for hire, unless duly authorized by a
license for such conveyance, under a penalty of five dollars
for each day ; and for a license for every such vehicle, he
shall pay to the city the sum of five dollars.
b. The owner of every vehicle licensed as aforesaid, shall
.cause the number of the license to be plainly painted on some
conspicnous part of each side of his vehicle, under a penalty
of two dollars for each week he shall use the same without
being so numbered.
c. No person shall collect, or receive, for carrying any
passenger from any place in said city to another therein, •
more than, twenty-five cents, except when such passenger
shall, at his or her request, be carried on, to or from any of
68 REVISED CITY ORDINANCES.
the bluffs within the limits of the city, in which case a sum
not exceeding fifty cents may be charged and received.
WAGONS, DRAYS, ETC.
SEC. ri.• No person shall, within the limits of the City of
Dubuque, keep, own, or use any dray, wagon or other vehicle
for the purpose of carrying articles or property for hire, from
one place to another within said city, without a license there-
for, under a penalty of two dollars for each load or parcel so
carried without license ; and for a license for every such
vehicle, he shall pay to the city the sum of five dollars for
each vehicle drawn by one horse, and ten dollars if by more.
a. Any person licensed by the City of Dubuque under
section eleven of this chapter, shall not take for hauling any
load to or from any part of the city, or to or from the fair
grounds or driving park, and below the bluffs, more than one
dollar per load when drawn by one horse, or mare, and not
more than one dollar and flfty cents per load when so hauled
and drawn by two horses, to and from or over the above
named territory ; and if any greater amount than above
specified shall be taken or charged for said service by any
licensed wagon, or dray or other vehicle, said person or per-
sons so doing shall forfeit his license and be subject to a fine
of not less than five or more than ten dollars for each and
every offence.
b. The owner of every vehicle licensed as aforeraid, shall
cause the number of his license to be plainly painted or
posted on some conspicuous part of each side of his vehicle,
under a penalty of one dollar for each week he shall use the\
same without being so numbered.
BILLIARD TABLES AND BOWLING ALLEYS.
SEC. 12. No person shall keep any Billiard Table, Pigeon
Hole Table, Pool Table, or any table to be used in any game
similar thereto, or any Bowling or Ten -pin alley, for hire or
gain, directly or indirectly received, without a license there -
REVISED CITY ORDINANCES. 69
for, under a penalty of five dollars for each game played
thereon for which pay or gain is received.
a. There shall be taxed and collected for a license to keep
billiard and pool tables and tables used in games similar
thereto the sum of twenty (2o) dollars each for the first three
tables, and ten (io) dollars each for each additional table, and
for each pigeon hole table five (5) dollars ; there shall be
taxed and collected for a license to keep a ten -pin or bowling
alley the sum of five dollars for each alley.
b. No keeper of any billiard or pool table, or any table
used in any game similar thereto, or any pigeon hole table or
any ten -pin or bowling alley, shall suffer or permit any
minor to frequent or loiter about the premises occupied by
him, nor sell or deliver to a minor any intoxicating liquor,
or permit or suffer any riotous or disorderly conduct on the
premises under a penalty of five dollars for each offence.
SALOONS, OR PUBLIC PLACE OF RESORT.
. • SEC. 13. No person shall, within the lirnits of the City of
Dubuque, by himself, agent,' or servant, keep any public
place of resort for the purchase and ' sale of any kind of
beverages, or for the playing of any kind of games, and
commonly called a saloon, unless duly authorized by a
license, under a penalty of not less than ten dollars nor more
than twenty dollars for each offence.
a. for each license to keep such saloon there shall be
taxed and collected by the city, annually, the suin of one
hundred dollars.
b. No person shall keep, or suffer to be kept open, such
place of business, after the hour of it o'clock P. M., except-
ing on Saturday, when such saloon may be kept open one
hour later.
Nor shall the same be opened before day -light of each
morning, under a penalty of not less than five nor r more than
twenty dollars.
70 REVISED CITY ORDINANCES.
c. No person engaged in the business of keeping saloon
shall suffer any loud or boisterous talking, obscene or profane
language, quarrelling, singing, fighting, or other disturban-
ces of the peace and quiet of other persons or of the neighbor-
hood, in or about his place of business, under a penalty of
not less than five nor more than twenty dollars for each
offence.
d. Every person licensed under the provisions of this
section shall keep the license granted him posted in some
conspicuous position in his place of business, under a penalty
of five dollars for each day's failure so to do.
e. Nothing contained in this section or any subdivision
thereof, shall be construed to authorize or license the sale of
any intoxicating liquors the sale of which is prohibited by
the laws of the State of Iowa.
TRAVELING PHYSICIANS.
SEC. 14. That all transient or traveling doctors or physi-
cians, plying their vocation in the City of Dubuque, Iowa,
whether in hotels, private houses, or on the streets, whether
advertising or not, or using medicines prepared by them-
selves or others, or professing to cure disease by any applica-
tion whatever, shall first procure from the Mayor of said city
a license therefor.
• a. The Mayor of said city is hereby authorized to issue
the license named in' the above section fourteen, upon the
payment to the City Treasurer, for the use of the city, the
sum of not less than three nor more than five dollars, at the
discretion of the Mayor, for each and every period of twenty-
four hours or fractional part thereof, that such doctor or phy-
sician proposes to stay in the city, and if such person should
prolong his stay for the purposes aforesaid, beyond the time
for which such license was issued, then upon prepayment at
the same rate, a new license shall issue for such further time
as the applicant shall then pay for at the rate aforesaid.
REVISED CITY ORDINANCES. 71
•b. Any one neglecting or refusing to comply with the
provisions of this ordinance, shall, upon conviction thereof,
before any justice of the •peace, be fined ten dollars for each
day and every day, he, she or they shall have plied or at-
tempted to ply his, her or their vocation in this city without
such license : Provided, the sum shall not exceed one hun-
dred dollars, and shall stand committed until such fine and
all costs be paid.
c. It is hereby made the duty of the City Marshal to see
that the provisions of this ordinance are faithfully executed ;
and it shall further be his duty, whenever he shall find any
such person or persons without such license, forthwith to
call him, her or them before any justice of the peace, to be
dealt with as hereinbefore-provided, but any justice of the
peace is also required to act upon the complaint of any other
person.
PEDDLERS.
SEC. 15. No person shall, within the limits of the City of
Dubuque, hawk or peddle any goods, •wares, merchandise,
books or other articles, or canvass for orders for any such
articles to be thereafter delivered at retail, without first ob-
taining a license for such purpose under a penelty of not less
.than five nor more than twenty-five dollars. The selling,
offering for sale, or present or future delivery of any such
articles, whether in any temporary place of business or other-
wise, shall :be deemed a violation, of this ordinance. Li-
cense for such business is hereby authorized upon the pay-
ment of such license fee as may be fixed by the Mayor, to be
proportioned to the quality and quantity of the goods and
merchandise so dealt in, but which fee shall not be less than
twenty-five (25) cents nor more than ten (ro) dollars per day.
EXHIBITIONS.
SEC. 16. No person shall exhibit to public view for
gain, within the.limits of the City of Dubuque, any animal,
•
72 REVISED CITY ORDINANCES.
or animals, wax or other figures, or painting, feats of circus
riding, rope or wire walking, or dancing, or give any concert,
musical or theatrical entertainment, where money.or other
thing of value is charged for admission thereto, without li-
cense therefor, under a penalty of not less than five dolls,
nor more than fifty dollars. -And licenses therefor may be
authorized by the Mayor, if the exhibition will not injurious-
ly affect the morals of the people, or offend against the rules
of decency and good order; and he shall, at his discretion, fix
the sum to be paid for such license, and specify the time of
its duration. But no circus, menagerie, or other show, shall
be licensed to show or perform within two blocks of any school
house in the city.
SEC. 17. No person shall, within the City of Dubuque, con- ,
duct, operate,or manage for gain any ``Roller Skating Rink,"
so-called, or any place, building or enclosure, kept and main-
tained for the purpose of roller skating, where money, or other
things of value, is charged or collected for admission thereto,'
or for any privileges connected with the use of the same,
without first having procured an annual license therefor un-
der a penalty of not not less than ten "(ro) dollars or more
than twenty (2o) dollars for every month during which there
shall be a failure to procure such license from and after the
taking effect of this ordinance.
SEC. 18. The City Recorder shall issue the license provi-
ded for in the foregoing section, upon application being made
therefor and upon the payment to the City Treasurer of the
sum of fifty (5o) dollars.
Section 12 passed May 7, 1883. Section 15 passed March 1,1886.
Section 13 passed Sept. 7, 1885. Sections 17 and 18 passed June 2, 1884.
REVISED CITY ORDINANCES. 73
CHAPTER XXIV.
AN 'ORDINANCE in relation to licenses of and regulating
Inn -Keepers, Runners for Hotels, Hack Drivers, and Ex -
pressmen.
SEC. 1. Inn -Keepers license. SEC. 3. Hack Drivers, Hotel and Express-
2. Runners for Hotels and Board- men.
ing Houses.
INN KEEPERS.
• SECTION I. No person shall carry on or pursue the business
of an inn -keeper, without a license therefor, under a penalty
of not less than five, nor more than fifty dollars. An inn-
keeper shall be deemed any person who keeps a house of pub-
lic entertainment and for a compensation, furnishes lodging
or provisions, or both, to travelers and others. There shall be
taxed and collected by the city, for a license, 'to pursue the.
business of an inn -keeper, the sum of fifteen dollars.
a. No person shall own, keep or conduct a restaurant
without a license therefor, under a penalty of ten dollars, for
each day. A restaurant shall be deemed any eating house, o
other place where any kind of food or eatable is sold, to be
eaten at the place of sale. There shall be taxed and collected
by the city, for -a license to keep a restaurant, the sum of
five dollars.
RUNNERS FOR HOTELS AND BOARDING HOUSES.
SEc. 2. That from and after the taking effect of this ordi-
nance it shall be unlawful for any runner of any hotel or
boarding house to solicit passengers at any railroad depot or
steamboat landing within said city, without first procuring a
license authorizing him to do so, under a penalty of not less
than five nor more than twenty-five dollarsfor each offence.
a. That for each license granted for the purpose aforesaid
there shall be charged and collected the sum of twenty-five
dollars.
HACK DRIVERS, HOTEL AND EXPRESSMEN.
SEC. 3. That from and after the taking effect of this ordi-
74 REVISED CITY ORDINANCES.
nance, it shall be unlawful for any driver of any hack, omni-
bus or express wagon, or any runner for any hack, omnibus
or hotel, to .solicit passengers at any railroad depot or steam-
boat landing, without having a badge of metal on the. right
breast of the outer coat, or on the band of the hat or cap.
a. The badge worn by hotel runners shall bear the name
of the hotel for which they are soliciting custom. That worn
by omnibus drivers or runner the word "Omnibus:" That
worn by hack or expressmen, the word "Hack" or "Express,"
together with the number of the hack or express wagon.
b. Any person violating the provisions of this ordinance,
shall, on conviction,be fined not less than one, nor more than
five dollars.
CHAPTER XXV.
AN ORDINANCE to regulate the manner of fixing and
changing grades in the City of Dubuque.
SEC. 1. Grades established. SEC. Q. City Council to change.
2. Confirmed by Council. T. Commissioners appointed. .
3. City Engineer to prepare survey. 8. Council to approve or reject.
4. To give five days notice iu papers. 9. Claim for damages.
5. Notice of change served.
Be it Ordained by the City Council of the City of Dubuque :
SECTION i. That every grade hereafter agreed upon for any
street, alley or highway, within the boundaries of said city,
shall be fixed and established by a resolution of the City
Council, adopted after the subject of such grade has been re-
ferred to a committee, and a report made thereon, accompan-
ied by a profile from actual survey by the City Engineer,
and all grades so fixed shall be duly established and recorded
with the profiles thereof, in a suitable book to be prepared
and kept by the Recorder, and entitled "The Grade Book."
SEC. 2. That any or all of the grades heretofore fixed by
the City Council, may be collectively or severally sanctioned
and confirmed under the authority of this ordinance, by reso-
lution of the City Council, and when so sanctioned and con -
REVISED CITY ORDINANCES. 75
firmed, shall be in like manner recorded, if the same has not
been previously recorded.
SEC. 3. That whenever any application is made to the
City Council to change any of the established grades of any
street, alley, avenue or highway in the City of Dubuque, the
City Council shall, if deemed expedient by them to change
such grade, by resolution, direct the City Engineer to prepare
from an actual survey a profile showing the established grade,
and also the grade as proposed and file the same with the City
Recorder.
SEc. q.. That as soon as such profile shall be filed in the
office of the Recorder, he shall give. public notice by an ad-
vertisement, for at least five days in the official papers, that
such proposed changQ.of grade will be considered at the next
meeting of the City Council, which shall be held not ,less
than fifteen days after the date of the first publication of such
notice; and that all persons claiming damages by .reason of
such proposed change of grade, must file their claim for da-
mages before such meeting, with the City Recorder.
SEc. 5. That the City Recorder shall also cause printed
or written copies of such notice to be served by the Marshal
on the occupant of each building affected by such proposed
change of grade on the line of the street, alley, avenue or
highway, by leaving such notice at the dwelling or place of
business of such occupant at least ten days before the meeting
of the City Council.
SEc. 6. That the City Council shall at the next meeting
which shall be held after the expiration of fifteen days from
the first publication of such notice, if no claims for damages
have been filed, proceed to consider the change of grade, and
to either establish or reject the proposed change, and in case
the change be established, to order the same to be recorded
in the grade book, by the City Engineer, and in case any
claims for damages be filed, further action upon such pro-
76 REVISED CITY ORDINANCES.
posed change shall be postponed from time to time until the
proceedings of the appraisement of damages are had as pre-
scribed in the next section.
SEC. 7. In case any claim . for damages be filed with the
Recorder, the City Council shall appoint, to assess said dama-
ges, three commissioners, who shall be disinterested freehol-
ders, who shall be sworn to discharge their duty to the best
of their ability, and before they shall enter upon the discharge
of their duty, the City Council shall cause notice to he given,
signed by the commissioners, for three weeks in the official
paper of the city, giving the time and place of their meeting
for the purpose of viewing the premises and making assess-
ment of damages. The City Council shall have power to re-
move either or all of the coininissiopers so appointed, and
from time to time appoint others in the places of such as inay
be removed, refuse, neglect, or be unable from any cause to
serve.
SEc. 8. At the next meeting of the City Council held af-
ter the appraiseinent of damages shall be completed and re-
turned to the City Recorder, the same shall be considered,
a,nd if such appraisement be annulled, all previous proceedings
shall be void, and no farther proceedings shall be had in the
matter. But if such appraiseinent be confirmed an order of
confirmation shall be entered and the City Engineer shall re-
cord the proposed change of grade in the grade book, and
from and after the recording of said new grade, the same shall
be the established grade of said street, alley, avenue or high-
way.. Upon the entering of the order of confirmation of such
appraisement, the Recorder shall forthwith furnish the Trea-
surer with a certified copy thereof, and the Treasurer shall
thereupon set apart the amount of the appraisement of each
claimant, and keep the same separate in the treasury to be
paid to the person entitled thereto,. upon presentation of a re-
ceipt duly executed, which setting apart of the money in the
treasury shall be equivalent to payment.
REVISED CITY ORDINANCES. 77
Szc. 9. All claims for damages presented under this ordi-
nance shall be in writing, and shall specify the property for
which damages are claimed, and also state the name and re-
sidence of the owner of the premises.
CHAPTER XXVI. •
AN ORDINANCE to provide for the opening, altering or
annulling streets, alleys and highways in the City of Du-
buque.
SEC. 1.• Couneil to open or alter streets. SEC. 5. Must defray expenses.
2. Engineer to give notice. • 6. Council must secure deeds.
:i. Council to hear objections. 7. City Marshal to open.
4. Jury to assess damages. S. City Council may annul.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That whenever the City Council deem it advis-
able to lay out, open, widen, extend or alter any street, al-
ley or highway, in the city, they shall, by resolution, direct
the City Engineer to make a survey and plat of such proposed
improvement, showing the land or lots through or over which
the same is proposed to be made; the names of the owners
thereof, and the quantity of land proposed to be taken. And
when such plat is completed, it shall be filed in said engin-
eer's office, and be subject to public inspection.
SEc. 2. After such plat is thus filed, the engineer shall
give personal notice in writing to all resident owners of the
property, through or over which such improvement is pro-
posed to be made; and to all .non-resident owners of such pro-
perty, by publication of the notice for ten days in the official
paper of the city; that at the next session of the council oc-
curring after the lapse of two weeks from the date of such no-
tice, it will be determined by said council whether such pro-
posed improvement shall be made or not, and require them to
appear before said council at that time, and show cause, if
any they have, why the contemplated improvement should
not be made. The evidence of service and of publication of
7$ REVISED CITY ORDINANCES
such notice shall be filed by the engineer, in the Recorder's
office, where it shall be preserved.
Sic. 3. At the next regular session of the council, occur-
ring after completed service of the notice above specified, the
City Council, after hearing the objections thereto, may, if
they deem it advisable to lay out, open, widen, extend or al-
ter, such street, alley or highway, by resolution order the City
Recorder to issue a venire to the City Marshal, and to furnish
him with the names of the owners of property as furnished
and returned by the City Engineer, and commanding him to
summon a jury of twelve freeholders, citizens of said city not
directly interested, to appear at a time and place therein sta-
ted, which shall not be less than five days from the date there-
of; and the Marshal shall also give the persons named in such
list as aforesaid, (provided they be residents of the city) notice
in writing of the time and place, when and where the jury so
summoned will appear. And in case any person named in
such list so furnished to said Marshal, shall be a non-resident
of the city, or unknown, he shall give such notice by publi-
cation in the official papers of the city for at least two weeks,
the last publication of which shall be at least five days before
the time fixed for the meeting of such jury, stating the pur-
pose for which they are summoned and directed to such per-
son; and any such person not appearing in pursuance of no-
tice as above prescribed, shall not thereafter be permitted to
raise any objection to the jurors so summoned, or to any as-
sessment they may make. Any such person who may appear
in pursuance of such notice, inay object to any of the jury so
summoned, for any good cause shown, and the Marshal shall
decide on all objections raised, but shall not allow more than
three peremptory challenges to any such jury.
Sic. 4. That on the day so specified in the venire, the ju-
ry so summoned shall appear at the place designated; and if
no objection is made, or if any one or more is objected to, and
such objection is overruled, or if sustained and talismen are
01.77
REVISED CITY ORDINANCES. 79
chosen in their places, the said jury, after being first duly
sworn by some officer authorized to administer oaths, shall
proceed to assess the damages which any person may sustain
by reason of opening, widening, extending, or altering such
street, alley or highway, and shall return such assessment in
writing, subscribed by the jurors by whom the same shall be
made, to the City Marshal, to be by him delivered to the
City Council.
Sic. 5. Whenever any street, alley, or highway, is pro-
posed to be laid out, opened, widened, extended, or altered,
for the accommodation of particular individuals, no action
shall be had under such resolution until the person,or persons
interested in the opening, widening, laying out, extending,
or altering such street, alley, or highway, shall have deposi-
ted in the city treasury a sufficient sum of money to defray
all expenses of surveying, platting, jury fees and advertising,
incurred or liable to be incurred by such opening, laying out,
widening, altering or extending.
Sic. 6. That if upon examination of the report of the En-
gineer, and the assessment and estimate of the jury, the City
Council shall decide that it is expedient and necessary to lay
out, open, extend, widen or alter such street, alley or high-
way, they shall pay the damages, if any, when collected, and
shall procure from the owner or owners, proprietor or proprie-
tors, deeds of relinquishment therefor, and in case of the ab-
sence of any such person, or other inability to procure such
deed of relinquishment by reason of such person refusing to
execute the same, or for any other cause, the damages so
awarded to any such person shall be allowed and set apart in
the city treasury, to be paid to any such person on his de-
manding the same and presenting to City Council such deed
of relinquishment, which setting apart shall be equivalent to
payment. And the City Council shall thereupon proceed,
and by resolution declare such street, alley or highway to be
opened, laid out, extended, widened, or altered, as the case
80 REVISED CITY ORDINANCES.
may be, and shall thereupon cause a record of the plat and
description thereof to be made by the City Recorder in some
• suitable book for that purpose provided, and such street, al-
ley or highway shall thereupon be established as a public
highway in said city for public use as other streets and high-
ways therein.
Sic. 7. Whenever any street, alley or highway in said
city, shall be laid, out, opened, widened, extended or altered,
it shall be the duty of the City Recorder to make out and de-
liver to the 'City Marshal a copy of the order declaring the
same to be a public highway, and it shall be the duty 9f the
City Marshal thereupon forthwith to proceed and open the
salve, and in case any obstructions shall, be found therein, it
shall be his duty forthwith to notify the owner, or person in
possession, of any land or lot on which. the same may be
found, to remove such obstruction within ten days, and in
case of refusal or neglect of any such -person so to move the•
same, the City Marshal or Street Commissioner shall proceed
to remove the same.
SEC. 8. That any public highway in said city may be an-
nulled in like manner by resolution of the CityCouncil: Pro-
vided, That no street, alley or highway duly established shall
be altered or annulled, until after the proposed action thereon
shall have been submitted to the City Council at two regular
sessions, nor until ten days' notice thereof shall have been
published in the city papers.
REVISED CITY ORDINANCES. 81
CHAPTER XXVII.
AN ORDINANCE to provide for improving the streets, al-
leys, and public landings, and for the construction and
repair of sidewalks.
SEC. 1. Council to order by resolution.
2. Engineer to prepare plans.
3. Public notice for bids.
4. Council to levy tax.
5. Examination of work.
6. Sidewalks to be laid to grade.
7. Curbstones.
8. Council to pass order.
SEC. 0. Done ender Engineer.
10. Special tax to pay sidewalks.
11. After completed.
12. Recorder to deliver to Auditor.
13. Auditor to charge Treasurer.
J4. Duty of Treasurer.
15. Order drawn on Treasury.
16. Not affect cases now pending.
AMENDMENT.
SEC. 1. Materials for sidewalk.
2. Council order by resolution.
3. Supervision of City Engineer.
Be it Ordained by the City Council of the City of Dubuque :
SECTION r. That whenever a petition purporting to be
signed by a majority of the resident owners of property abut-
ting upon or lying along any street, avenue or alley, or any
part thereof; shall be presented to the City Council, asking
that said street, avenue or alley,or any part thereof, be paved,
curbed, graveled, macadamized, or guttered, or for the con-
struction of permanent sidewalks thereon, the petition shall
be referred to the City Engineer, to examine and report
whether the salve is signed by a majority of the resident own-
ers of the property abutting or lying along said contemplated
improvement. If he shall report that a majority of such have
signed said petition, the Council may order such improvement
to be made. And the city'lnay, whenever deemed expedient,
to improve by paving, curbing, graveling, macadamizing, or
guttering any street, avenue or alley in said city, or by lay-
ing down permanent sidewalks thereon, order any such im-
provement made, either with or without a petition therefor
having been presented: Provided, The same shall be so or-
dered by the affirmative vote of not less than three -fourths of
the whole number of the members of said Council. And
such improvement ordered made, either upon petition. or by
the affirmative vote herein provided for, shall be at the ex -
Sao. 4. Sidewalks full width.
5. Not repeal ordinances.
82 REVISED CITY ORDINANCES.
pense of the owners of lots or parcels of ground lying along
or abutting upon said improvement.
SEC. 2. The resolution ordering any improvement speci-
fied in the foregoing section, excepting sidewalkall also
direct the City Engineer to prepare the proper plans and spe-
cifications for the improvement proposed to be made; and
said Engineer shall forthwith prepare the same and submit
them to the committee of said Council on streets, and if the
same be approved by said committee they shall be filed in the
office of the City Recorder. It shall also be the duty .of the
Engineer to prepare estimates of the cost of the proposed im-
provement and file the same with the Recorder for the inspec-
tion of the City Council.
SEc. 3. That as soon as said plans and said specifications
are filed in the office of the City Recorder, he shall, without
further order from the Council, give public notice by an ad-
vertisement of at least five days in the official papers of the
city, that at the next session of the Council bids will be ' re-
ceived by the said Council for the doing of the work in ac-
cordance with such plans and specifications.
SEc. 4. At the meeting of the City Council at which bids
are to be received, such bids shall be opened and the contract
awarded as the Council shall deem proper; but the Council
shall have the right to reject any and all bids, and may order
the work to be done by day labor, under the direction of the
Street Commissioner, who shall, however, in relation to such
work, be under the control and act according to the instruct-
ions of the Committee on Streets of said Council. And said
Street Commissioner, when improvements thus made are
completed, shall certify to the City Council the amount of
work done, the total cost thereof, the names of abutting pro
perty owners, the number of feet owned by each abutting
upon .said improvement, and thereupon said City Council
shall proceed to levy a special tax upon said abutting proper -
REVISED CITY ORDINANCES. 83
ty to pay for said improvement, but shall give notice to the
abutting property owners, and shall proceed in levying said
special tax, in the same manner as provided by ordinance, as
though said work had been done by contract: Provided, that
if said work is to be done by contract, it shall be stipulated
that the city shall levy a special tax on the abutting property
sufficient to pay for such improvement (excepting for grading
streets and avenues, and the construction of sewers, which
shall be paid out of the general funds of the city), and shall
proceed to collect the same in the manner herein pointed out,
and pay the same over to the contractor as soon as collected,
but that the contractor shall waive all recourse to the city for
payment under such contract to the amount of such tax.
SEC. 5. That as soon as practicable after the expiration of
the time specified in the contract, within which the improve-
ment is to be completed, the committee of the Council on
streets shall make an examination of the work, and if the
same be not completed, or not done in the manner provided
in the contract, said committee may direct the Street Com-
missioner to complete the same in the manner provided in
the contract, and the expenses of completing the same shall
be deducted from whatever money may be coming to the con-
tractor under his contract, or said committee inay report the
case to the City Council for their action; and if said committee
find the work completed in accordance with their contract,
they shall accept the same from the contractor and so report
to the City Council.
SEc. 6. That all sidewalks hereafter paved or laid, shall
be laid to the established grade, or, if no grade shall be es-
tablished, to such temporary grade as may be given by the
City Engineer. Unless otherwise specified in the resolution
of the City Council ordering the same to be laid, they shall
be built of brick, stone or plank, at the option of the owner
in front of whose lot of land such sidewalk shall be laid; if of
84 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 85
brick, they shall be made of good, substantial, hard brick; if
of stone, the same shall not be less than two inches thick, and
dressed square, with hammered or square surface; such brick
or 'stone shall be laid on a bed of sand at least four inches
thick, even at the top, to be range work, with close joints,
full width of sidewalk; when of plank, the same shall be not
less than two inches thick, square edge, even surface, closely
jointed, and of good, sound material; and unless a different
width shall be specified in the resolution, shall be laid cross-
wise with the sidewalk to full width; and all sidewalks laid
to full width shall incline to the top of the curbing at the
rate of one-half inch to the foot.
SEC. 7. That the tops of all curb stones hereafter set shall
correspond to the grade of the street, and they shall be set on
all streets sixty-four feet wide at a distance of twelve feet from
the line of the street, so that the street between the curb stones
shall be forty feet wide, and on all other streets the curb
stones shall be set at a distance from the line of the street of
one -fifth part of the whole width of the street.
SEc. 8. That whenever it shall be deemed expedient by
the City Council to grade, pave or lay any temporary plank
sidewalk on any street, alley, or avenue, or any part thereof,
within the limits of said city, said Council shall pass an oorr--
der to that effect, which order shall set forth the particular
locality where such grading or paving is required to be done,
and the time allowed for completing the same; and the pub-
lication of such order in one of the newspapers in the city for
one week shall be deemed sufficient notice to the owners or
holders of lots abutting on any street, alley or avenue, where ,
such grading or paving is to be done as therein specified.
SEC. 9. • All such grading, paving and laying shall be in.
conformity with the grade of the street, alley or avenue, (tun -
less otherwise ordered,) and done under the direction of the
City Engineer, and all expenses of paving and laying of any
sidewalk shall be paid by the owners of the lots abutting
where such grading, paving or laying is to be done: Provided,
that the cost of sidewalks laid to temporary grade shall not
exceed the sum of forty cents per lineal foot.
SEC. ro. If the owner or holder of any lot, or part of lot,
shall neglect to pave or lay his sidewalk in conformity with
the order of the City Council, published as aforesaid, the
City Engineer shall contract for the same to be done at the ex-
pense of the city and shall make his report of the expense
thereof to the City 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, and
shall proceed to collect the same in the same manner as is
herein provided for the collection of taxes levied for other
street improvement. The City Engineer shall let such con-
tract to the lowest responsible bidder after advertising for bids
for at least five days in the official papers of the city.
SEC. II. As soon as practicable, after any improvement
herein provided for shall have been completed and accepted
by the City Council, or a Committee thereof, the City Recor-
der shall prepare and cause to be served upon all resident
owners of lots or parcels of land abutting said improve-
ment, or upon their agents or attorneys, a notice of the special
assessment to be levied therefor at the next meeting of the
Council, and notifying such owner to appear and show cause
why the same should not be levied, and the Recorder shall
file said notice with the return of service endorsed thereon
among the papers pertaining to said improvement.
If any owner of such lot, or parcel of land, be a non-resident
having no resident agent or attorney, the notice herein pro-
vided for shall be published for five days in one of the official
papers of the city, and proof of such publication filed as here-
in provided. At the next session of the City Council thereaf-
86 REVISED CITY ORDINANCES.
ter, the Council shall levy a special tax upon the several lots
and parcels of land abutting upon or adjoining any such im-
provement, sufficient to pay the expense thereof, together
with all costs. The resolution by which such tax shall be
levied shall specify the name of the street, avenue or alley,
the number of the lot, the amount of the tax levied on each, -
and the name of the contractor for whose benefit such levy is
made.
SEC. 12. The City Recorder shall,without delay, after the
passage of the resolution of the City Council levying a tax,
make out :and deliver to the City Auditor a duly certified
copy of such resolution, and take his receipt therefor, which
he shall file and preserve in his office.
Suc. 13. The City Auditor, upon receiving a certified.copy
of such resolution, shall forthwith enter upon the "Special
Assessment Book" kept by the Treasurer the special tax so
levied by the Council and shall charge the Treasurer there-
with. Such special tax shall be payable by the owner or
owners of the laud at the time of the assessment, personally,
andshall be a lien upon the respective lots or parcels of land
from the time of the assessment.
Sue. 14. It shall be the duty of the Treasurer forthwith
to give notice by one publication in the official papers of the
city that such tax has been assessed, and that in case of fail-
ure to pay the same within thirty days from date of such pub-
lication, the same shall be delinquent and bear interest there-
after at the same rate as the delinquent annual city taxes.
a. At the expiration of the thirty days fixed by said notice,
the Treasurer shall cause notice to be given -by publication
once in each week for four successive weeks in the official
papers,'that at a time fixed in said notice and sixty days after
the date thereof; all the real estate upon which said special
tax shall be unpaid aid delinquent, and which shall. be cor-
rectly described in said notice, will be sold at public sale, at
REVISED CITY ORDINANCES. 87
his office, and also by causing a copy of each notice to be
posted on the door of the City Hall, at least four weeks before
such sale.
b. .At the time fixed in said notice the Treasurer shall of-
fer at public sale at his office, all lands, lots, and parts of lots,
on which any special assessments so levied remain unpaid,
and all the provisions of Chapter 34 of the ordinances govern-
ing the sale, redemption, Treasurer's deed, fees, interest and
penalties in cases of delinquent annual city taxes, shall apply
to all delinquencies and sales under the provisions of this
chapter.
SEC. 15. That at the next regular session of the City
Council, after such special tax shall have become delinquent
as provided for in section 14 of this ordinance, they shall
cause orders to be drawn on the City Treasurer in favor of
such contractor or contractors for the amount of such work
found to be delinquent and unpaid: "But no honey shall be
paid, or advanced by the city, to any contractor by such or-
ders or otherwise during the progress of any work authorized
by this ordinance for which a special assessment shall be le-
vied or in any other manner than is herein provided."
Section 1 passed April 10 1884. Section 11 passed April 10, 1884.
Section 4 passed June 0, 1887. Section 14 passed December 7, 1885.
Following is an Amendment to foregoing chapter, passed
June 7, 1886:
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That from and after the taking effect of this
ordinance, no materials except brick, natural or artificial
stone or cement, shall be used in constructing, renewal, or re-
laying of any sidewalk on the following named streets and
parts of streets, in the city of Dubuque, to -wit:
Clay Street, the full length thereof.
Iowa and Main Streets, from ) irst to Seventeenth Streets.
88 REVISED CITY ORDINANCES.
Locust and West Locust Streets from First to Seventeenth
Streets.
Bluff Street from First to Sixteenth Street.
Couler Avenue from Eighteenth Street to Sanford Street.
And all cross streets from First Street to Seventeenth
Street, both inclusive from the east line of Clay Street to the
west line of Bluff and West Locust 'Streets.
SEC. 2. That whenever it shall be deemed necessary for
the greater safety, comfort or convenience of the public, the,
City Council may at its discretion, by resolution, order any
sidewalk already laid to be taken up and removed, and whol-
ly reconstructed. If on any of the streets or parts of streets
named in the preceding section, such sidewalk shall be relaid
with one of the kinds of material specified in said section. If
situated on any other street or part of street within the city
limits, it shall be reconstructed from such of the materials
specified in section one (r) of Chapter 28 of the revised ordi-
nances, as the City Council shall designate.
SEc. 3. All sidewalks shall be laid or constructed under
the supervision of the City Engineer, whose duty it shall be
to compel every sidewalk to be laid in exact conformity with
the requirements of the ordinances regulating the same, and
. to the grade of the street where the same has been established
and the street graded.
If any sidewalk after being constructed shall not be in ex-
act conformity in any respect with the requirements of the
ordinances on the subject, it shall be the duty of the City En-
gineer, in case of the neglect or refusal so to do of the owner
or agent of the abutting property, to cause the same at the
expense of the said owner to be reconstructed, or relaid in
such a manner as to make the said sidewalk conform to said
requirements. He shall make his report of' the expense of
such reconstruction or relaying to the City Council, and if
tbe same is approved, the Council shall levy a special tax
REVISED CITY ORDINANCES. 89
against the abutting premises to pay the said expense in the
manner provided in section ten (zo) of the ordinance to which
this is amendatory.
SEX. q.. Unless otherwise specially authorized or permit-
ted by the City Council, all sidewalks on the streets and parts
of streets named in the first section of this ordinance shall be
laid the full width thereof, and the City Council may at any
time by resolution require and compel any sidewalk already
partially laid to be relaid in such a manner as to conform to
the requirements of this provision.
SEc. 5. Nothing in this ordinance shall be construed to
repeal, change, or interfere with any of the provisions of ex-
isting ordinances on the subject of sidewalks, except as they
-may be inconsistent with the provisions hereof.
CHAPTER XXVIII.
AN ORDINANCE regulating the Repairing of Sidewalks.
SEc. I. Engineer to establish grade. SEC. 4. Street Commissioner.
2. Curbstones. 5. Assessment on property.
3. Six hours notice to repair.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That all sidewalks hereafter paved or repaired,
shall be laid to the established grade, or if no grade shall be •
established, to such temporary grade as may be given by the
City Engineer. Unless, otherwise. specified in the resolution
of the City Council ordering the same to be laid, they shall
be built of brick or stone, or plank, at the option of the own-
er of the property in front of whose lot or land such sidewalk
shall be laid; if of brick, they shall be made of good, substan-
tial, hard brick ; if of stone the same shall not be less than
two inches thick and dressed square, with hammered or square
surface; such brick or stone shall be laid on a bed of sand at
least four inches thick, even at the top, to be range work,
with close joints, full width of sidewalk; when of plank, the
90 REVISED CITY ORDINANCES.
same shall not be less than two inches thick, square edge,
even surface, closely joined, and of good sound material ; and
unless a different width shall be specified in the resolution,
shall be laid cross -wise with the sidewalk to the full width ;
and all sidewalks laid to the full width, shall incline to the
top of the curbing at the rate of one-half inch to the foot.
SEc. 2. That the tops of all curbstones hereafter set, shall
correspond to the grade of the street, and they shall be set on
all streets sixty-four feet wide, at a distance of twelve feet
from the line of the street, so that the street between the
curbstones shall be forty feet wide, and on all other streets,
the curbstones shall be set at a distance from the line of the
street of one -fifth part of the whole width of the street, unless
the same be otherwise ordered by the City Council, and in
case the location of a curbstone has heretofore been fixed, the
same may be changed upon application of two-thirds of the
property owners upon the street, upon which a change may
be necessary to be made.
SEc. 3. That whenever it shall be deemed necessary or
expedient by the City Marshal or Street Commissioner of the
city of Dubuque, to repair the sidewalk on any street, alley
or avenue, or any part thereof, within the limits of said city,
said Marshal or Street Commissioner shall give to the owners
of each or any lot abutting upon the street, alley or avenue,
where said sidewalk is to be repaired, a notice of not less than
six hours, requiring said 'owner or owners to repair said side-
walk, or any portion thereof, under the direction of said City
Marshal or Street Commissioner, and in the event of his or
their failing so to do, the said City Marshal or Street Com-
missioner to repair the same at the expense of said abutting
property and owners thereof, and to report the same to the
City' Council, .who shall assess and tax up the same against
said property and owners thereof.
SEC. q.. That if the owner, or owners, or agent thereof,
b
REVISED CITY ORDINANCES. 91
cannot be found in the city of Dubuque at the time said re-
pairs upon sidewalks or walks are required to be made, then
and in that event said City Marshal or Street Commissioner
shall repair said sidewalk or walks, or any portion thereof,
without further notice, at the expense of the abutting property
and owners thereof, in the manner as provided in the third
section hereof. •
Sze. 5. That after the assessment and levy of the taxes,
as hereinbefore provided, for the purposes aforesaid, the City
Treasurer shall offer said property for sale'for the payment of
said taxes at the annual tax. sale for the payment of delin-
quent taxes.
CHAPTER XXIX.
AN ORDINANCE to require the filling up and raising of
lots to prevent stagnant water thereon.
SEC. 1. Council order by resolution. SEC. 4. When tax delinquent.
2. City may fill lots. 3. Treasurer to sell.
3. Council levy tax. 6. Notice to owner.
Be it O daiined by the City Council of the City of Dubuque:
SECTION 1. That the City Council may at any time, by
resolution, order and require any lot or piece of land in said
city, subject at any time to be covered with stagnant water,
to be filled up and raised; such resolution shall designate the
particular lot or piece of land, and the height to which the
same shall be `filled and raised, and shall also fix a reasonable
time for the completion of the work. .Upon the passage of
such resolution, a certified copy thereof shall be issued by the
City Recorder, and served by the City Marshal or his deputy
upon the owner or owners of such lot or piece of land respec-
tively, either personally or by leaving a copy of the salve at
his, her, or their usual place of residence; such service may be
proved by the return of the officer making same, endorsed on
the back of the original copy of the resolution issued by the
Recorder, _which shall be filed in the office of the Recorder
after having been duly served. In case the owner or owners
92 REVISED CITY ORDINANCES.
of such lots or piece of land shall be non-residents of the
city of Dubuque, notice shall be given by the City Recorder
by publication in some newspaper of general circulation in
such city for two consecutive weeks; such publication may be
proved by the affidavit of the publisher or foreman of the
newspaper in which the publication was made, which affida-
vit shall be filed with the City Recorder.
SEC. 2. If any owner or owners of any lot or piece of land
shall, after notice or publication in the manner provided in
the preceding section, neglect or refuse to fill up and raise
such lot or piece of land, as may be designated in such reso-
lution, within the time therein specified, to the height pre-
scribed therein, -the City Council may cause said raising to be
done at the expense of the city, and the amount of money so
expended, with the incidental expenses, shall be a debt due
from the owner or owners of said lot or piece of land to the
city of Dubuque, and shall also be a lien on said lot or piece
of land from the time of the adoption of said resolution.
SEc. 3. Whenever the City Council shall cause any lot or
piece of land to be raised and filled at the expense of the city
in consequence of the neglect or refusal of the owner or own-
ers within the specified time to comply with the order of the
Council requiring the same to be done, the said work, whether
executed by contract or otherwise, shall be performed under
the supervision of the City Engineer, whose report and esti-
mate to the City Council of the amount and cost of said work,
in the absence of fraud shown, shall be conclusive evidence
of the performance and expense of the same. Upon the com-
pletion of the raising and filling of any lot or piece of land,
at the expense of the city, under the provisions of this ordi-
nance, it shall be the duty of the City Engineer to prepare
and return to the City Council a report and estimate of the
cost of filling the same, with the incidental expenses.
The City Council shall thereupon, by resolution, assess and
REVISED CITY ORDINANCES. 93
levy a special tax upon said -lot or piece of land, sufficient to
defray the entire expense of filling and raising the same ac-
cording to the estimate of the Engineer; said special assess-
ment shall be forthwith placed in the hands of the City Trea-
surer for collection, who shall enter the same in the proper
book of "Special Assessments" in his office, and proceed to
collect said special assessment or tax in the same manner and
under the same regulations as the annual city taxes are col-
lected, except as hereinafter otherwise provided.
Sic. 4. All special taxes for raising and filling of lots un-
der the provisions of this ordinance shall on ,the first day of
the succeeding calendar month after the levying of the same
by the City Council, if then remaining unpaid, become delin-
quent and be subject to the same penalties as are provided for
non-payment of delinquent annual taxes in section 49 of an
ordinance entitled "An Ordinance to provide for the assess-
ment and collection of taxes in the city of Dubuque," and,
with all penalties accrued, shall be collected by a sale of the
real estate upon which the same has been specially levied, at
the succeeding annual tax sale of real estate for non-payment
of delinquent annual taxes.
All provisions of the ordinance referred to by its title in
this section, so far as applicable, shall be observed by the
City Treasurer, and govern such sales. The real estate sold
niay be redeemed in the same time and manner, upon the
same conditions, by the payment of the amount for which the
same sold, with the same penalties and interest as provided
in said ordinance.
SEC. g. It shall be the duty of the City Treasurer, on. the
day appointed, to offer and sell said real estate to the highest
bidder therefor. If any lot or piece of land sold at such sale
shall bring niore than the sum required to pay the special
taxes thereon, with penalties and costs, the overplus shall re-
main in the hands of the City Treasurer until called for by
94 REVISED CITY ORDINANCES.
the owner of said lot or piece of land, or other person legally
entitled to receive the salve, when the Treasurer shall pay
said overplus over to such owner or other person. If such lot,
or piece of land shall fail to sell for the sum required to dis-
charge such special tax, with penalties and costs, the City
Treasurer shall credit the amount for which said lot or piece
of land was sold on said special tax, and the balance of said
special tax, still remaining unpaid after such credit, shall be
a. debt from the owner or owners of said lots to the city of
Dubuque, and shall bear interest from the date of such sale
at the rate of ten (ro) per cent. per annum. The City Trea-
surer shall report to the City Council the result of all such
sales, and shall certify to the City Council any balance re-
maining due of the special tax on any lot or piece of land
for the filling of the same (including interest, penalties and
costs), after crediting the proceeds of the sale, and the City
Council shall thereupon place said indebtedness in the hands
of the City Attorney, who shall proceed to collect the same by
snit in the proper court against the owner or owners of such
lot or piece of land.
SEc. 6. That before the passage of the resolution ordering
lots to be filled up and raised as designated in section 1 of
this ordinance, the City Recorder shall prepare a notice for
the owner or owners of the lot or lots proposed to be filled up,
which notice shall apprise the owners of the Council's inten-
tion to pass the resolution contemplated in section 1 of this
ordinance, and it shall notify such owners to appear at the
next regular session of the Council to show cause, if any
they may have, why said resolution should not be passed.
Such notice shall be served in the same manner, and the
return shall be the same as provided in section 1 of this or-
dinance.
Passed Dec. 3, 1883, except section 8, which was passed Sept. 0, 1880.
REVISED CITY ORDINANCES. 95
CHAPTER XXX.
AN ORDINANCE providing for the filling up, fencing and
otherwise protecting mineral holes and other dangerous
excavations.
SEo: 1. Council order by resolution. SEC. 5. Failure to do work.
2. Time of completion. 8. Notice to owner.
3. Notice to owner, 10 clays. 7. Tax hen on land.
4. Copy of resolution to owner. 8. Treasurer to sell property.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That the City Council may, at any time, by
resolution, order and require any lot or lots in said city upon
which are situated any mineral holes or other dangerous ex-
cavations, to be filled up, fenced,barricaded or otherwise pro-
tected.
SEc. 2. Such resolution shall designate the particular lot
or lots, or part of lots, upon which are situated said danger-
ous holes or excavations, and the mode in which the same
shall be filled, fenced or otherwise protected, and shall fix a
reasonable time, not exceeding 6o days, for the completion
of said work.
SEC. 3. Before said resolution shall be passed, the City
Marshal shall give to the owner or owners of said lot or lots,
or parts of lots, 10 days' notice in writing of the Council's in-
tention to pass said resolution; the notice herein mentioned
shall be served in the manner hereinafter pointed out for the
service of a copy of the resolution as passed.
SEc. 4. Upon the passage of such resolution a copy there-
of shall be issued by the City Recorder, and shall be served by
the City Marshal upon the owner or owners of any such lot
or lots, or parts of lots, respectively, either personally or by
leaving the same at his, her, or their usual place of residence.
In case of non-resident owners, notice shall be given by pub-
lication in an official paper of the city for the period of five
days.
SEc. 5. If any owner or owners of any lot or lots, or parts
of lots, shall, after such notice, neglect or refuse to fill up,
96 REVISED CITY ORDINANCES.
fence, or otherwise protect such dangerous mineral holes or,
other excavations so situated upon the lots or parts of lots
thus designated in said resolution, within the time required
thereby, the City Council may cause the same to be done at
the expense of the city, and assess the cost thereof, with the
incidental expense on the lot or lots, respectively; and the
City Engineer shall forthwith Make out and prepare an as-
sessment roll thereof, on which shall appear the numbers or
description of such lot or lots, names of owners (when known),
cost of filling up, fencing, or otherwise protecting said holes,
aucl the other incidental expenses connected with the doing
of said work, and shall deliver the same to the City Council,
and said Council may, after having examined and approved
of the same, levy and assess such costs and expenses, against
the premises chargeable therewith, and may order that suitbe
instituted in any court having jurisdiction to subject the prop-
erty to the payment of such assessment, according to the
terins and provisions of sections 478 and 479 of the Iowa
Statutes.
SEc. 6. Before the resolution' levying the special tax pro-
vided in section 5 hereof, shall be passed by the Council, no-
tice to the property owners affected by said resolution shall
be given as in cases of other special assessments for the im-
provement of streets and alleys.
Stc. 7. Such special tax with proper levy and assessment
shall be payable by the owner or owners of the land at the
time of the assessment personally, and shall be a lien upon the
respective lots or parcels of land from the time of assessment.
SEc. 8. It shall be the duty of the Treasurer of the city,
forthwith, to give notice by one publication in the official pa-
per or papers of the city, that such tax has been assessed, and
that in case of failure to pay the salve within 3o days from
the date of such publication, the same shall be delinquent,
and shall bear interest at the same rate as the regular delin-
REVISED CITY ORDINANCES. 97
quent city taxes, and he shall proceed to collect the salve at
the:same time and in the salve manner as regular taxes are
collected; and if any special tax be not paid before the next
ensuing sale of property for delinquent tax, he shall advertise
and sell any property against which any special assessment
shall remain unpaid, under the same rules and regulations as
property delinquent for regular city taxes.
Passed September 6, 1886.
CHAPTER XXXI.
AN ORDINANCE relating to the obstruction of streets, al-
leys, and sidewalks.
SEc. 1.. Porch not to extend over four feet.
2. Cellar door not to extend over flve
feet.
3. Windows not to extend over twen-
ty-four inches.
4. No sign post to remain ou side-
wallc.
5. Awnings must be eight feet high.
6. Goods not to be placed on side-
walk.
7. Goods not to extend over three
feet.
8. No sign or show bill to hang on
sidewalk.
9, Mayor or Marshal to remove.
1(1. No person to drive over sidewalk.
11. Crosswalks to be kept free.
12. Horses not to be fastened so as to
obstruct walk.
13. Lumber or stone not to be placed
ou walk.
14. Fined $1 to $50.
15. Obstructiop of streets punished.
SEC. 16. Trees planted two feet from line.
17. Lnjuring sidewalks punished.
18. )tust get permission from Mayer.
19. Lantern to be placed on open
sewer.
20. Vaults to be brick or stone.
21. To be built within time directed
by Mayor.
22. Sidewalks cleaned by 2 p. w.
23. Construction of pipe.
24. Removal of gravel punished.
25. Must nOt drive on sidewalk.
26. Permit required to move build-
ing.27. Builing not to remain longer
than one day.
28. Wagons not to remain on side-
walk.
:29. Builders obstructing streets pun-
ished.
30. Encroaching on street punished.
31. To be removed within thirty days.
32. Street Commissioner prosecute.
Be it Ordained by the.City Council r f the •City of Dubuque:
SEcrloly i. That no porch, gallery, stoop, or platform,
shall be allowed to extend into or upon any sidewalk, more
than four feet, and no railing on any sidewalk shall exceed
four feet in width from the building; and any violation here-
of shall subject the offender to a penalty of five dollars, and
to a like penalty for every day such violation shall continue
after the first conviction.
SEc. 2. That no cellar door for mercantile or other estab-
lishments, used for receiving 'goods or other purposes, shall
extend so as to occupy more than five feet of .any sidewalk,
and are always to be kept shut, and secure, when not open
98 REVISED CITY ORDINANCES.
for immediate use, under a penalty in each case of five dol-
lars, for each and every offence. v
SEc. 3. That no bow -window, or other window, shall ex-
tend into any sidewalk more than twenty-four inches; nor
shall any sign project from any store or other building, into
or over any sidewalk or street, more than three feet, under a
penalty of five dollars for each offence to any person violating
the provisions of this section, and to a like penalty for every
day such violation shall continue, after notice to remove the
same shall be given by the Marshal or Street Commissioner.
And all signs heretofore erected or placed over the sidewalk,
shall be removed within ten days after such notice, under a
like penalty.
SEC. 4. That no sign or other posts shall be erected or
placed on or upon any sidewalk, or street, or other public
way, within the city limits; or, if heretofore erected, shall be
permitted to remain on or upon any sidewalk, or street, or
other public way, under a penalty of five dollars; and a like
penalty for every day such post shall be allowed to remain
after notice to remove the same shall be given to the owner
or occupant of the premises by the City Marshal or Street
Commissioner; but nothing herein contained shall prevent
the erection of one, and not to exceed two posts in front of
each building, for the purpose of hitching horses; every such
post so erected shall be not more than eight inches, nor less
than six inches in diameter, and not exceed four feet in
height, and placed in a line with the outer edge of the side-
walk.
SEc. 5. That all awnings hereafter erected,shall be eleva-
ted at least eight feet at the lowest part thereof above the top
of the sidewalk, and shall be supported without posts, by iron
brackets, or by iron frame -work attached firmly to the buil-
ding, so as to leave the sidewalk wholly unobstructed there-
by. All awnings heretofore erected in a different manner,
REVISED CITY ORDINANCES 99
shall be removed in a reasonable time after notice, as herein
specified. If any person shall erect any awning contrary to
the provisions hereof, or shall refuse or neglect forthwith to
remove any awning or awning posts, after notice in writing
shall be given him by the Marshal or Street Commissioner, to
remove the same, he shall he subject to a fine of five dollars,
and a further penalty of five dollars for each day he shall fail
to remove the same, after the lapse of five days from the ser-
vice thereof.
SEc. 6. That no person shall place any goods or merchan-
dise for sale or exhibition, upon any sidewalk, or suspend any
goods over the same for sale or show, except as provided in
• the next section, or place or deposit thereon, cause or suffer
• the same to be done, any cask, barrel, wood, stove, or any
other article whatever, under a penalty of five dollars for each
offence, and a like penalty for each and every hour the same
shall remain after notice from the Marshal or Street Commis-
sioner to remove the same.
. SEC. j. That it shall be lawful for any person to place,
hang or set out for sale any goods, wares or merchandise, on
or over the sidewalk, in front of and within three feet of his
store or building; it shall also be lawful for any person to
.place or leave for a period not exceeding one hour, on three
feet of the outer edge of the sidewalk in front of his store or
building any goods, wares or merchandise, which he shall be
in the act of receiving or delivering.
SEc. 8. that no owner or occupant of any dwelling house,
store, or other building, shall fix, put up, or erect, or suffer
the same to remain fixed, put up, or erected, any sign, show
• bill, show case, canvas, or other thing projecting from any
building, or hanging over the sidewalk more than three feet
in front of and from the wall of such building, under a pen-
alty of five dollars for each offence, and a like penalty for
each day the same shall remain, after notice from the Mar-
shal or Street Commissioner to remove the same.
100 REVISED CITY ORDINANCES.
SEc. 9. That the Mayor or Marshal, or Street Commis-
sioner, is hereby authorized to cause any post, awning or
other obstruction erected, placed or continued on, or over
any sidewalk, contrary to the provisions hereof, to be • re-
moved, after due notice has been given to remove the same,
and a neglect to comply with such notice.
SEC. ro. That no person or persons, shall drive or back
any horse, wagon, cart, or other vehicle on any sidewalk, or
ride, drive or use any horse, wagon, sled or sleigh thereon,
unless it be in crossing the same, to go into a yard or lot,
when no other suitable crossing or means of access is provid-
ed, under a penalty of two dollars for each offence.
SEC. r r. That all cross -walks in the city shall be kept
and reserved free of any sleigh, wagon, carts or carriages,
horses or other animals, being placed or suffered to stand
thereon, except so far as may be necessary in crossing the
same; and the owner or driver of any sleigh, cart or carriage,
or horses or other animals offending herein, shall be subject
to a penalty of two dollars.
SEc. 12. That no person shall at any time fasten any
horse or horses, in such a way that the horse, vehicle, reins
or lines shall be an obstacle to the free use of the sidewalk
or cross -walk, under a penalty of one dollar for each offence;
and the person in whose possession or use, such horse or
horses shall then be,shall be deemed the offender,unless he can
show to the contrary to the magistrate before whom he shall
be prosecuted.
SEc. 13. That whoever shall in this city, place or cause
to'be placed upon any of the streets, alleys, sidewalks, or
public squares, any cord wood, pine wood, timber, lumber,
stone, brick, lime, sand, gravel, earth, or any other species of
property or thing without a written permit from the Mayor,
as provided in section 29 of this ordinance, and shall suffer
the same to remain more than twelve (r2) hours after being
REVISED CITY ORDINANCES. 101
notified by the Marshal or Street Commissioner to remowe
the same, shall be fined not less than one nor more than fifty
dollars for each offence and for each day the same shall be
permitted to remain after the notice aforesaid; and any team-
ster or other person or persons who shall unload or place or
cause to be unloaded or placed in the gutter or any public
street or highway in the city of Dubuque, any of the articles
or materials specified in this section, or any obstructions of
any kind whatever, shall on conviction be punished by a fine
of not less than one nor more than fifty dollars for each offence.
SEc. 14. That whoever shall in this city, place or cause
to be placed upon any of the public streets, alleys, sidewalks,
squares or thoroughfares, or upon the premises of any other
person, or upon any vacant lot, any filth, carrion, trash, or
nuisance of any kind, shall be fined not less than one, nor
more than fifty dollars.
SEc. 15. That whoever shall in any way obstruct any
street, alley, road or thoroughfare, by placing therein any
timber, stone or other thing, or in any other manner so as to
hinder the traveling thereon, or, render the same dangerous,
shall be fined not less than one, nor more than fifty dollars.
SEc. 16. That all ornamental or shade trees hereafter
placed or set out in any street shall be placed or set out with-
in the outer lines of the sidewalk, and within two feet of
said outer line of the sidewalk of such street, and every per-
son placing, or causing or procuring to be placed, any tree
contrary to the provisions of this section shall be fined not
less than one, nor more than ten dollars.
All ornamental or shade trees standing or situated on any
sidewalk or public street of this city, shall be kept so trimmed
that no limbs or branches thereof shall be lower than eleven
feet above the surface of the sidewalk or street at the base of
such trees ; it shall be the duty of the Street Commissioner
to enforce due compliance with this provision, and for that
102 REVISED CITY ORDINANCES.
purpose he shall remove from any tree or trees all limbs be-
low the required heighth above the sidewalk, in all cases
where the owner of the abutting real estate shall after reason-
able notice neglect or refuse to remove the same.
SEC. 17. That any person who shall injure or tear up any
pavement, side or cross -walk, drain or sewer, or any part
thereof, or who shall dig any hole, ditch or drain, in any
street, pavement or sidewalk without the written permission
of the Mayor, or who shall hinder or obstruct the making or
repairing of any pavement, side or cross -walk, which is or
inay be making under any ordinance or resolution of the City
Council, or shall hinder or obstruct any person employed by
the city, its Street Commissioner; or Marshal, in making or
repairing any public improvement or work ordered by the
Council, the street commissioner, or Marshal, shall for each
and every offence he fined not less than five, nor. more than
fifty dollars.
SEC.. 18. That no person shall construct, or cause to be
constructed or made, any sewer, vault, cistern or well, in or
under any street or alley in this city, without the written
permission of the Mayor, under a penalty of not less than ten,
nor more than fifty dollars.
SEc. 19. That whenever permission is given any person
to construct any such sewer, vault, cistern or well, as is men-
tioned in the last section, the person making or having charge
of such sewer, vault, cistern or well, shall, during the whole
of every night, while such sewer, vault, cistern or well shall
be opened or uncovered, fence the same with a good substan-
tial fence, and cause a lighted lamp or lantern to be placed
and kept near the same, so that it may be plainly seen ; and
every such owner, occupant or person making or having in
charge such work, who shall neglect the requirements of this
section shall forfeit a penalty of twenty-five dollars.
'SEC. 20. That all vaults under sidewalks in this city shall
REVISED CITY ORDINANCES. 103
be built of brick or stone, and the outward side of the grating
or opening into the street, shall be within one foot of the
outside of the curbstone of the sidewalk ; and all such vaults
shall be completed, and the ground and sidewalk replaced
over them within two weeks after they are respectively com-
menced, and every person neglecting any of the provisions
of this section shall forfeit and pay the sum of twenty-five
dollars.
SEc. 21. That whenever permission shall be given to any
person to lay any drain, sewer, gas -pipe or aqueduct along or
in any street or alley, or to dig or take up any street or alley,
pavement or sidewalk, he shall cause the same to be done in
such manner and within such time as the Mayor shall direct;
and shall cause the same to be rebuilt and relaid in as sub-
stantial and permanent a manner as the same was before, un-
der a penalty of twenty-five dollars.
Sc.E22. The tenant or occupant, and, in case there shall
be no tenant or occupant, the owners of any building or lot
of land fronting or bordering on any street, lane, avenue, al-
ley, or public square in the city of Dubuque, where there is
a foot way or sidewalk composed of plank, stone, or brick, or
other material calculated for a sidewalk distinct from the
street, shall, after the ceasing to fall of any snow, if in the
day time, within ten (ro) hours, and if in the night time, be-
fore two o' clock of the afternoon succeeding, cause the same,
with any ice that may have accumulated, to be removed
therefrom, and shall keep or cause the same to be kept clear
of ice and snow.
Any person who shall violate or fail to observe the provis-
ions of this section, shall, upon conviction thereof, be pun-
ished by a fine of not less than five nor more than twenty
dollars for each offence.
It is hereby made the special duty of the Street Commis-
sioner to enforce the provisions of this section, but nothing
104
REVISED CITY ORDINANCES.
herein contained shall be so construed as to prevent any resi-
debt gf the city, from making complaint for the violation of
this section.
That all persons owning or occupying any
building in ;this city, shall cause the pipes conducting the
water froin the eaves of the building to be so constructed as
not to•spread the water over the sidewalk; and every person
neglecting the requirement of this section shall be subject to -
a fine of ten dollars.
. SEC. 24. That whoever shall, in this city, dig up or re --
move any sand, earth, gravel, stone, or rock, from any of the
streets, alleys, sidewalks, wharves, or thoroughfares; or from
any public square, or lot or ground belonging to the city,
without the consent of the City Council, shall be subject to a
fine of not less than five nor more than fifty dollars.
SEC. 25. That whoever shall, in this city, ride, drive,
lead, or place any beast of burden, or vehicle, on any paved
sidewalk or footway, otherwise than going into or but of the
premises owned or occupied by him or his employer, shall be
fined not less than one, nor more than ten dollars.
SEC.. 26. That no person shall remove, or cause or permit
to be removed, or shall aid or assist in removing, any building
into, .along or across any street in this city, without the writ-
ten permission of the Mayor, under a penalty of ten dollars.
• S$c. 27. That no person, owner of any building permitted
to be removed into, along, or across any street, alley, or pub-
lic ground, nor the• contractor for moving such building,shall
suffer or permit such building to remain in any street, alley, or
public ground for a longer time than one day after notice from
the Marshal or Street Commissioner to remove the same, un-
der a penalty of five dollars for each offence.
Sr c. 28. That no owner or occupant of any livery stable, .
wagon or blacksmith shop, or other place of business, shall
suffer any wagon, cart, dray, carriage, or other vehicle, whe-
REVISED CITY ORDINANCES. 105
ther left for safe keeping, repair, or otherwise, to be or remain
on the sidewalk or alley adjoining or fronting any such pre-
mises, nor on that half of the street adjoining.or fronting the
same,under a penalty of one dollar for each and every offence.
SEc. 29. That no builder or other person shall encumber
or obstruct any street or alley with building or other like ma-
terial, without a written permit from the Mayor; nor shall,
except in case of urgent necessity, incumber or obstruct more
than one-third of any street or alley, or one-half of the side-
walk; nor shall such obstruction continue in any case longer
than may he necessary in the diligent erection of such build-
ing, or the prompt execution of the work; immediately after
the completion of the erection or repair of any building, all
building -materials of every description, and all rubbish or de-
bris of any kind remaining,. or which may. have accumulated
on the street, sidewalk, or alley, in the front or rear of the
property on which such building may be situated,' shall be
promptly removed,and any builder or owner of such building
who shall neglect or refuse to remove such materials, rubbish
or debris, within twelve hours after being notified so to do by
the Marshal or Street Commissioner,shall,on conviction there-
of, be fined%ot less than one nor more than fifty dollars for
each offence.
SEC. 30. No person shall make or cause to be .made, any
erection or enclosure encroaching in whole or..in part upon
any street, alley, or sidewalk, under a penalty of not less than
ten dollars, and a like penalty. for each day the same shall re-
main after -notice from -the Marshal or_Street Commissioner to
remove the same.
. SEC. 3r. The owner of any erection or ,enclosure already
erected or placed, and.encroaching upon any street or alley,
who shall not remove the same after thirty days' notice by
the Marshal or Street Commissioner,shall be subject to a pen-
106 REVISED CITY ORDINANCES.
alty of not less than ten dollars, and a like penalty for each
day he shall fail to comply with such notice.'
SEc. 32. That the Street Commissioner shall have the
power to institute prosecutions for the obstruction of streets,
alleys and sidewalks, as is given to the Marshal in section 2
of chapter 56 of these ordinances.
Section 22 passed March 7, 1887.
CHAPTER- XXXII.
AN ORDINANCE defining offences and prescribing the pun-
ishment therefor.
SEC. 1. Disturbing the peace.
2. Intoxication.
3. Disorderly conduct.
4. False alarm lire.
5. Exposure of person.
6. Obscene books.
7. Obscene figures.
8. Indecently exhibiting animals.
9. Maltreating dumb animals.
10. Injuring public property.
11. Injuring monuments.
12. Breaking street lamps.
13. Not to light street lamps.
14 Not to climb lamp posts.
15. Not to injure gas or water pipes.
SEC. 16. Not to fasten animals to trees.
17. Fast driving punished.
18. Horses must be fastened.
19. Vehicles must turn to right.
20. Not to discharge firearms.'
21 How poison is to be sold.
22. Sale of disedsed meat.
23. Loitering about streets.
24. Houses of ill -fame.
25. Loitering about houses of ill -
fame.
26. Disturbing lawful assemblage.
27. Profane language.
28. Charivarl.
29. Bathing in Mississippi river.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That any two or more persons who shall as-
semble at any place within the city for the purpose of disturb-
ing the peace, or of committing any unlawful act, and who
shall not disperse when commanded or requested by any
peace officer, shall each severally be subject to a penalty of
not less than five, nor more than fifty dollars.
SEc. 2. That whoever shall be found in any street, alley
or public square of the city, intoxicated with liquor, or shall
wilfully and maliciously disturb the peace or quiet of the
city, by making loud or unusual noises, or tumultuous threat-
ening, or offensive carriage, by fighting, or threatening to
fight, or in any other manner, shall be fined not less than five,
nor more than fifty dollars.
SEc. 3. That whoever shall at any public meeting or other
assembly, or in any hotel, tavern, store, shop, or other place
REVISED CITY ORDINANCES. 107
of business or private residence, be guilty of any violent,
tumultuous, offensive or disorderly conduct, or shall make
any loud or unusual noise or disturbance, or shall use obscene,
offensive, profane, or unseemly language, to the annoyance,
disturbance or vexation of others, shall be subject to a penal-
ty of not less than one, nor more than fifty dollars.
SEc. 4. That whoever shall make a false alarm of fire, or
any false cry for assistance, shall be fined not less than five,
nor more than fifty dollars.
Sze. 5. That whoever shall purposely or publicly make
any indecent exposure of his or her person, or shall appear in
dress not belonging to his or her sex, or in an indecent or
lewd dress, or in a state of nudity, or shall be guilty of any
other indecent or lewd act or behavior, shall be subject to a
penalty of not less than five, nor more than fifty dollars.
Si c. 6. That whoever shall sell, give,or offer for sale, any
indecent, obscene or lewd book, picture, statue, or other like
thing; or shall exhibit or perform any indecent, obscene or
lewd play, exhibition, or other_ representation, shall be sub-
ject to a fine of not less than five, nor more than fifty dollars.
SEc. 71. That whoever shall, in any place open to public
view, write, mark, draw, cut, or snake any obscene, lewd or
indecent word or sentence, design or figure, shall be subject
to a fine of not less than five, nor more than fifty dollars.
SEc. 8. That whoever shall indecently exhibit any stud
horse, bull, jackass, or other like animal in any public place,
or shall let any such animal, except in some enclosed place
out of public view, shall be subject to a fine of not less than
five, nor more than fifty dollars.
SEc. 9. That whoever shall inhumanly, cruelly or unnec-
essarily beat, abuse, or otherwise maltreat any dumb animal,
shall be subject to a fine of not less than five, nor more than,
fifty dollars.
108 REVISED CITY ORDINANCES
SEc. ro. That whoever shall wilfully, maliciously or neg-
ligently deface, break, destroy or injure any public property
of the State, county or city, or any private property, shall be
subject to a penalty of not less than five, nor more than one
hundred dollars.
SEc. rt. That whoever shall, without authority, carry
away or remove, or shall wilfully, maliciously, or negligently
deface, break, destroy, or injure any monument, tombstone,
tree, shrub, railing, fence, or any other property, article, or
thing, belonging to any cemetery or burying ground within
the city, or placed or erected therein for ornament or other-
wise; or shall trespass on, or maltreat any grave therein,shall
be subject to a fine of not less than five, nor more than one
hundred dollars.
SEC. 12. That whoever shall wilfully, maliciously, or
negligently deface, break, destroy, or injure any street lamp,
lamp post, telegraph post, or telegraph wire, shall be subject
to a fine of not less than five, nor more than fifty dollars.
SEc. 13. That whoever shall, without clue authority, light
or extinguish any street lamp, or shall turn on the gas there-
in, shall be subject to a fine of not less than five, nor more
than twenty dollars.
SEC. lq.. That whoever shall climb up any street lamp-
post, without lawful authority, or shall fasten any horse or
other animal thereto; or shall place any goods, boxes, wood,
or other substance against the same, shall be fined not less
than five, nor more than fifty dollars.
SEC. 15. That whoever shall wilfully destroy or injure the
pipes of any gas -light or water company, constructed for sup-
plying the city or its citizens with gas or water; or shall re-
move or injure the cap or lid of any public cistern, shall he
fined not less than five, nor more than twenty dollars.
. SEc. 16. That whoever shall, without the consent of the
owner or occupant of the premises, fasten any horse or other
REVISED CITY ORDINANCES. 109
animal to any fence, railing, or tree, or to any boxing placed
around any tree; or shall wilfully, maliciously, or negligent-
ly, in any manner injure, deface, remove, or destroy any or-
namental or shade tree, or boxing placed around the same,oz
any shrub, fence railing, gate or sign, upon any public
grounds, sidewalk, or private premises, or shall trespass on
any private premises or public grounds, ant injure, carry
away, or destroy any tree, fruit, vegetable, plant, shrub, or
other thing,which.may be therein for ornament or otherwise,
shall be subject to a penalty of not less than five, nor more
than one hundred dollars.
SEC. 17. That whoever shall purposely and rapidly, or
immoderately, ride or drive any horse or iniule, or cattle, or
other like animal, or any team, in any street or alley in the
inhabited part of the city, shall be subject to a fine of not less
than five, nor more than one hundred dollars.
SEc. 18. That whoever shall leave any horse or mule, or
any team, in any uninclosed or public place, without being
fastened, guarded, or secured, so as to prevent its running
away, shall be fined nqt less- than five, nor more than fifty
dollars.
SEC. 19. That all persons meeting each other in vehicles
in the streets, alleys, or other public place, or upon or near -
any bridge, shall, unless the nature or state of the roadway
or passway shall render it impracticable, each turn to the right
side of the road, so as to pass each other without accident or
injury. Whoever shall violate the requirements of this sec-
tion shall be subject to a penalty of not less than five, nor
more than fifty dollars.
SEc. 20. That any person, who shall unnecessarily dis-
charge any firearms, explode any fire -crackers, or other fire-
works, or throw into any street or alley, any squib, or other
article containing powder, or other explosive material, shall
be subject to a fine of not less than one, nor more than ten
110 REVISED CITY ORDINANCES.
dollars for each offence: Provided, That the City Council may,
by resolution, suspend the operation of the preceding provis-
ions of this section, in whole or in part, on the Fourth day of
July, or any other day of public rejoicing.
SEC. 2r. That whoever shall keep, sell, or deliver any poison,
usually known or used as deadly poison, without legibly
marking the naive thereof, or the word "Poison" upon the
phial,wrapper, or other inclosure containing the same; or
whoever shall sell or deliver any arsenic, strychnine, prussic
acid, or other poison usually known or used as a deadly pois-
on, to any person known to him, without registering the
name of such person, and the kind and quantity of the poison
sold or delivered, and the purpose for which the same was
obtained; or whoever shall sell or deliver any such poison to
any person to him unknown, shall be subject to a penalty of
not less than five, nor more than fifty dollars in each case.
But the sale or delivery of any such poison as medicine, upon
the prescription of a practicing physician, shall not be deemed
a violation of this section.
'SEc. 22. That whoever shall sell, expose, or offer for sale,
any sick or diseased animal, poultry, or fish, to be used or
eaten for food; or the flesh of any sick, diseased, or otherwise
unwholesome dead animal, poultry, or fish; or the flesh of
any animal, fowl, or fish, not usually used or deemed
wholesome for food ; or any other unsound or unwholesome
provisions, or articles of food whatever; or any adulterated or
pernicious milk, drink, or liquors, shall be subject to a penal-
ty of not less than ten, nor more than fifty dollars for each
offence; and any officer of the city shall seize, or cause to be
seized and destroyed, any such food, milk, drink, or other
provisions so exposed or offered for sale.
SEc. 23. That any person found loitering about the streets
of the city, without any legal occupation or business, or means
of support, or who shall occupy for lodging, or any other pur-
REVISED CITY ORDINANCES. 111
pose, any barn, shed, shop, vessel, or place not kept for that
purpose, without permission of the owner or person entitled
to possession thereof; shall be deemed a vagrant, and shall
be punished by a fine of not less then five, nor more than fifty
dollars, or by iinprisoninent in the county jail not more than
thirty days.
SEC. 24. That whoever shall keep, maintain, frequent, be
an inmate of, or connected with, or contribute to the support
of any disorderly, gaining, or bawdy house, house of ill -fame
or assignation, or any place used for the practice of fornica-
tion; or shall knowingly suffer or permit any premises owned
or occupied by him or under his control to be used for any
such purpose, shall be subject to a fine of not less than ten,
nor more than fifty dollars.
SEc. 25. That whoever shall be found in the city, loiter-
ing about saloons, taverns, dram shops, or houses of ill -fame,
or wandering about the streets, either by day or night, in a
suspicious manner, or who shall have in his possession any
implement used for counterfeiting, or for the commission of
burglary, or for picking locks or pockets, or any other imple-
ment or device used by cheats and swindlers, without being
able to give a good account of himself, shall be fined not less
than ten, nor more than fifty dollars.
SEc. 26. That whoever shall disturb any lawful assem-
blage of people by rude or indecent behavior, or otherwise,
shall be fined not less than five, nor more than fifty dollars.
SEc. 27. That whoever shall, in any street, alley, or other
public place in the city, use any. profane, offensive, obscene,
or unseemly language, within the hearing of other persons, or
shall, in any house, building, or other place, use such lan-
guage in such a manner that the same may be heard by persons
passing along the streets, shall be fined not less than one, nor
more than twenty dollars.
SEc. 28. That whoever shall, in this city, charivari any
112 REVISED CITY ORDINANCES.
person or persons, by blowing horns, beating drums, kettles
or pans, jingling bells, or by any such means as are used at
what is commonly called a charivari, shall be fined not less
than five, nor more than, twenty dollars.
SEC. 29. That whoever shall bathe or swim in the Missis-
sippi river, or in any other water course, pond or pool in the
city, between one hour before sunrise and one hour after sun-
set, being naked or insufficiently clothed, to prevent the im-
proper exposure of his or her person, shall be fined not less
than one, nor more than twenty dollars.
CHAPTER XXXIII.
AN ORDINANCE to provide for the establishment of a City
Police and to prescribe rules and regulations therefor..
SEC. 1. Appointed by City Council.
2. Qualifications.
3. To take oath.
4. Mayor to suspend.
5. Have power to enter houses.
6. Have power to enter with force.
7. Must be quiet and civil.
8. Must not take reward or glft.
9. Not to compound offences.
10. Not to give information.
11. To wear insignia of office.
12. Not to be absent from duty.
13. Persons arrested to be taken before
justice.
Be it Ordained by the City Council of the
SEC. 14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Not to maltreat prisoners.
To enter charges in book. •
To be taken before police court.
Hackmen to obey policemen.
Policemen to obey marshal.
Persons not to resist policemen.
Resistance punished.
Falsely representing punished.
Marshal and policemen to remove
obstructions from sidewalks,
streets, etc.
To forfeit one dollar for neglect.
City of Dubuque:
SECTION 1. That the City Council may at any time ap-
point such number of policemen and night watchmen as they'
may deem necessary for the -purpose of guarding and protect-
ing the peace and quiet of the city, and the lives and property
of its inhabitants; and such policemen and night watchmen
shall, while ou duty during the day time, be under the con-
trol and subject to the orders of the City Marshal, but during
the night time, and in the absence of the Marshal, shall be
under the.. exclusive control and subject to the orders of a
Captain of Police, to be appointed by the City Council, and
such captain shall also be a policeman and subject to the or-
ders of the Marshal, and shall report either to the Marshal or
REVISED CITY ORDINANCES. 113
City Council any neglect of duty on the part of any policeman
or watchman under his control. •
SEc. 2. All police officers or watchmen must be citizens,
of the United States and of the State of Iowa, and actual re-
sidents of the city of Dubuque, and. shall be capable of speak-
ing the English language, and not interested or engaged -in -
keeping any tavern, saloon, coffee house, ten -pin 'alley;''or
beer shop, and shall hold their office during the will .and
pleasure of the City Council.
SEc. 3. All police officers or watchmen shall,before enter-
ing upon the discharge of their duties, take and subscribe the
usual oath of office. By their appointment and oath they
shall be duly constituted peace officers within the city,lilnits,
and it shall be their duty to see that the lives and property of
the inhabitants of the city are carefully watched over and
guarded, and to prevent, as far as may be in their power, the
commission of any offence against persons or property. For
these purposes they are hereby invested with authority, and
it shall be their duty to arrest, with or without warrant, and
to imprison for the time being, until they can be brought be-
fore the proper court for examination or trial, all persons who
shall be guilty of any violations of the laws of the State or
City.
SEC. 4. Any policeman or watchman who shall be found
asleep while he should be on duty, or intoxicated, or absent
from his beat, or guilty of any dereliction of duty, or of im-
proper conduct, shall he complained of to the Mayor by the
Marshal immediately on such facts coming to his knowledge.
The Mayor may, at his discretion, suspend from duty such
policeman or watchman until the next succeeding session of
the Council, when the Marshal shall make report to them of
all the facts in the case.
SEC. 5. Any person who shall have cominitted a breach of
the peace, a felony, .or a misdemeanor, may be pursued wher-
114 REVISED CITY ORDINANCES
ever he may go, and if he take refuge in any house, enclosure
or other place, the policeman, after stating his office and ob-
ject, may, if permission to enter be not given, break open the
doors or windows, enter the house and arrest the offender.
SEc. 6. All police officers are respectively authorized and em- .
powered in a peacable manner (or if refused admittance after
demand made with force and arms), to enter into any house,
store, shop, grocery, or other place or building whatever .or
wheresoever in the city, in which any person or persons may
reasonably be suspected to be for unlawful purposes, and if
any person or persons shall be found therein, guilty of any
crime, or misdemeanor, or violation of any law or ordinance
for the preservation of the peace and good order of the city,
or who may reasonably be suspected thereof, or who shall be
aiding and abetting such person or persons so found, said po-
lice officer shall apprehend and keep in custody such person
or persons as in case of other arrests.
SEc. 7. Each and every member of the police, in his con-
duct and deportment, must be quiet, civil and orderly. In the
performance of his duty he must maintain decorum and atten-
tion, command of temper, patience and discretion; he must at
all tunes refrain from harsh, violent, coarse, profane or inso-
lent language, and act with firmness and energy.
SEc. 8. No policeman shall accept or receive from any
person while in custody, or after such person shall have been
discharged, nor from any such person's friends, any gratuity,
reward or gift, directly or indirectly, or any article or thing
of value, as compensation for any damages sustained by him
in the discharge of his duty, without the written permission
of the Mayor.
SEc. 9. No policeman shall compound any offence com-
mitted against persons or property, or withdraw any com-
plaint therefor, without the consent of the Mayor.
SEc. ro. No member of the police shall communicate to ,
REVISED CITY ORDINANCES. 115
any person any information which may enable any ' person
to escape from arrest or punishment, or enable them to dis-
pose of or secrete any goods or other valuable thing stolen or
embezzled.
SEC. rr. And all policemen, when on duty, shall wear
the insignia of their office on the outside of the outermost
garment over the left breast, conspiciously displaying the
same, so that the entire surface thereof may be seen, except
when caution may dictate that the same shall not be exposed.
SEc r2. No member of the police shall be absent from
duty, or leave the city, without the consent of the Mayor.
SEc. 13. All persons who shall he arrested by the police
during the time the office of the police justice shall be open,
shall be taken immediately before said justice; and all per
sons who shall be arrested at any other time, shall be con-
veyed to the calaboose, unless otherwise ordered by the May-
or or Marshal, or unless it shall require a place of greater se-
curity, in which case, he or she shall he immediately taken
to the county jail.
SEC. 14. Any officer or policeman who shall wilfully mal-
.treat or use unnecessary violence toward a prisoner or other
person, shall, on complaint being made and the fact estab-
lished, be suspended or discharged, at the pleasure of the
Mayor.
SEc. 15. The Marshal shall keep in the calaboose a book
in which shall be entered, by the officer making the arrest,
the name of every person by him arrested and placed in the
calaboose, with the date of the arrest and cause thereof, with
such other facts as he shall deem proper and necessary. And
at the end of each month, said Marshal shall report to the
City Council the disposition which may have been inade of
the persons so confined.
SEc. 16. The Marshal shall, every morning, on the open-
116 . REVISED CITY ORDINANCES.
ing of the police court, cause the persons who may be de-
tained in the calaboose the night previous, and all property
which may have come into his possession during the night?
to be conveyed to the police court, accompanied by the po-
liceman who made the arrest; and said policeman shall file
the information, read the warrant to the prisoner, and become
a witness in relation to the charges made against the prison-
er;
and shall, in case such prisoner be convicted and pays the
fine, be entitled to receive such fees as are paid to a constable
for like services.
SE,c. 17. Hackmen, cabmen, omnibus drivers, porters,run-
ners, and other persons, when at or about any railroad depot
or station, or steamboat or other landing, or other public
place in the city, shall obey the commands and directions of
the police officer or policeman, and the Marshal and Deputy
Marshal,who may be stationed or doing duty at or about such
place, for the purpose of preserving order and enforcing the
laws of the city. Whoever shall refuse to obey the commands
or directions of said officer or officers as aforesaid, shall be
subject to a fine of not less than one, nor more than twenty-
five dollars.
SEC. 18. The policemen and watchmen shall obey the
orders of the Marshal, and shall report to him all violations
of the city ordinances and of the laws of the State committed
within the city, which may come to their knowledge. And
all suspicious persons, bawdy houses, gambling houses, and
all other places where idlers, disorderly and suspicious per-
sons congregate.
SEc. 19. That any person who shall rescue or take from
the custody of any officer of the city, or prevent the arrest of
any person, or in any manner resist, oppose, impede or ob-
struct any policeman or watchman, in the discharge of his
duty, shall, upon conviction, be fined not less than twenty-
five, nor more than one hundred dollars.
REVISED CITY ORDINANCES. 117
EC. 2o. That any policeman or watchman who is resisted
in making an arrest, or from whom a rescue is attempted,- or
who is forcibly resisted in the lawful discharge of his duty,
may require the aid of any citizen present, and if such citizen
shall refuseor neglect to render the aid required, he shall,
upon conviction, be subject to a fine of not less than one, nor
more than twenty-five dollars.
SEc. 21. Whoever shall falsely represent himself to be an
officer of this city, or shall, without authority, exercise or at-
tempt to exercise any of the powers, duties or functions of
any city officer, shall be subject to a penalty of not less than
twenty-five, nor more than one hundred dollars.
SEC. 22. That to more fully define the duties of patrolmen,
policemen, captains of police and City Marshal,so as to preserve
the lives and property of citizens from loss or injury, from ob-
structions on or over the streets, sidewalks and gutters of the
city, it is hereby made the duty of all patrolmen, policemen,
captains of police, and City Marshal, to have all obstructions
in their respective beats removed, and keep the same clear at
all times, while on duty, from the sidewalks, streets and gut-
ters, and to put up all necessary guards and lights to prevent
accident when sewers and bridges are open for repair.
SEC. 23. And for neglect of said duty there shall be de-
ducted from each of said officers' salary above named.the sum
of one dollar for each offence.
118 REVISED CITY ORDINANCES.
CHAPTER XXXIV.
AN ORDINANCE to provide for the assessment and collect-
ion of Taxes in the City of Dubuque.
SEe. 1 Duty of Auditor. SEC. 44.
2. Assessor to begin 3rd Monday in Jan. 45.
3. To assess all property.
4. To administer Oath. 46_
5. What property to assess. 47.
6. Term "Credit" defined. 48.
7. Who will assist assessor.
8. Commission goods to be assessed. 49.
9. Other persons'property,how listed. 50.
10. Railway and Bridge property. 51.
11. Roadbed not included. 52.
12. Telegraph property.
13. Property listed January 1st. 53.
14. Depreciated Bank Notes. 54.
15. Debts in good faith deducted. 55.
16. All personal property listed. 56.
17. Manufacturer defined. 57.
18. Money notes and credits. 58.
19. Banking. Associations. 59.
20. When to account. 60.
21. To conform to act of Congress. 61.
22. Assessment completed Jan. lst. 62.
Unknown Real Estate. 63.
Assessor, neglect of duty. 64.
25. Committee on Assessments. 65.
26. Auditor to give notice. 66.
27. Appeal to City Council. 67.
28. Council to fix water limits. 68.
29. Council to levy tax. 69.
30. Auditor so transcribe. 70.
31. To deliver to Treasurer. 71.
32. Auditor may correct. 72.
33. Auditor to mark on book `•sold _" 73.
34. To give notice for one mouth. 74.
35. Treasurer to enter unpaid taxes.
30. Treasurer to collect taxes. 75.
37. To notify person when property 76.
is "sold." 77.
38. Treasurer to certify to amount of 78.
taxes. 79.
39. Treasurer's Receipt. 80.
40. Treasurer liable on his bond. 81.
41. Treasurer to assess property mu- 82.
itted. 83.
42. Owner to assess property omitted 84.
43. City Warrants to be received for
taxes.
23.
AMENDMENT.
SEC. 1. Assessor deliver printed blank SEC. 7.
to owner.
2. Owner to till blank within 5 8.
days. 9.
3. Failure of Assessor to perform duty. 10.
4. Council appoint Ass't Assessors.
5. Assistant Assessors, time hold- 11.
ing office. 12.
6. Duty of Assistant Assessors.
No demand for taxes.
Five days' notice for sale of per-
sonal property.
ResistancetoTreasurer punished
When taxes are delinquent.
Treasurer to sell personal prop-
erty.
Continue to receive taxes.
To give receipt.
Auditor to keep account.
Treasurer to refund tax illegally
paid.
When property to be sold.
Notice to be given.
Notice to be in official papers.
Treasurer to collect 20 cents.
When sale shall commence.
Who is entitled to purchase.
Treasurer to sell from day to clay
Purchasers to pay.
Owners may pay.
Description in figures.
Copy of advertisement.
Auditor to attend sales.
Treasurer may adjourn sale.
Officers not to purchase.
Sale at other time.
Certificate of purchase.
Certificate assignable.
Duplicate Receipts.
Property may be redeemed.
Auditor to give certificate.
Minors or lunatics .
Persons may redeem through
Court.
Time to give notice.
Treasurer to make deed.
Form of Deed.
Deed to be signed by Treasurer.
Not to affect former sales.
Error in sale corrected.
Money refunded.
Wrong name not invalid.
Statute to govern.
When money to be refunded
purchaser.
Powers of .Assistant Assessors,
concurrent.
Under supervision of Mayor.
Compensation of Ass'tAssessors
Council divide City into Assess-
ment Districts.
Basis of Valuation.
Provisions of other ordinances.
Be it Ordained by the City Council of the City of Dubuque:
SEcTioN 1. The Auditor shall, on or before the 15th day
of January, of each year, deliver to the Assessor a suitable
plat of the city, and of each addition thereto; and of each sub-
division of any town lot or mineral lot, on which to check
REVISED CITY ORDINANCES. 119
each parcel of land assessed; and suitable hooks, properly
ruled and headed, in which to enter the following items:
a. The name of the individual, corporation, company, so-
ciety, partnership, or firm, to whom any property shall be
taxable.
. -b. His or their lands by lot or sub -division thereof accord-
ing to the system of numbering or part of sub -division there-
of, or township, range, and section, or part of section, and
when such land is not a congressional division or sub -division,
town lot or sub -division thereof, mineral lot or sub -division
thereof, by some other description sufficient to properly iden-
tify it.
c. Personal property as follows: Number of Cattle, num-
her of Horses, number of Mules, number of Sheep, number
of Swine over six months old, number of Carriages and Ve-
hicles of any description, with separate columns for value of
each; value of Merchandise, amount of capital employed in
Manufactures, amounts of Moneys and Credits, amount of
taxable Furniture, amount of Stock or Shares in any Corpo-
ration or Company not required by law to he otherwise listed
or taxed; amount of taxable farming utensils, or mechanics'
tools, amount of all other personal property not otherwise
enumerated, and the number of polls, and a column for re-
marks. But no entry shall be made on said books of any
animal under the age of one year except as above provided.
SEc. 2. Each Assessor shall enter upon the discharge of
the duties of his office on the third Monday in. January in
each year; and shall, with the assistance of each person as-
sessed,or who may be required by law to list property belong-
ing to another, enter in the books furnished him for .that pur-
pose, the several items specified in the preceding section, en-
tering the names of the persons assessed in alphabetical or-
der, so far as practicable, by alloting to each letter its requi-
site number of pages in each of the said books.
120 REVISED CITY ORDINANCES.
SEC. 3. The Assessors shall list every person in the city,
and assess all the property, personal and real, therein, except
such as is hereafter specifically exempted; and any person
who shall refuse to assist in making out a list of his property,
or of any property which he is by law required to assist in
listing, or who shall refuse to make the oath required in the
next section, shall be fined the sum of one htindred dollars,
and the Assessor shall assess such person according to the
best information he can get.
Sic. 4. The Assessor shall administer an oath or affirma-
tion to each person assessed to the effect that he has given it
a full, true and correct inventory of all the taxable property
owned by him, and all property which he is by law required
to list, to the best of his knowledge and belief; and in case
any one refuses to make such oath or affirmation, the Assess-
or shall note the fact in the column of remarks opposite such
person's name; and should it afterwards appear that such per-
son so refusing has not given a full list of his property, or
that which he was by law required to list, any property so
omitted shall be entered on the book of the Assessor at dou-
ble its ordinary assessable value and taxed accordingly.
SEC. 5. • All property which is by law exempt from taxa-
tion for State and County purposes shall be omitted from the
assessment herein required. All other property, real or per-
sonal, is subject to taxation in the manner directed. Ferry
franchises for the. purposes of this ordinance are considered as
real property; Horses, Cattle, Mules, Asses, Sheep," Swine,
and Money, whether in possession or on deposit, and includ-
ing bank bills, money, property or labor due, from solvent
debtors, on contract or on judgment; mortgages and other like
securities, and accounts bearing interest, and every descript-
ion of conveyance of property given or received as security
for money loaned or other indebtedness; property situated in
the city belonging to any bank or company incorporated or
REVISED CITY ORDINANCES. 121
otherwise,whether incorporated under the laws of this or any
other State, public stocks or loans, household furniture, in-
cluding gold and silver plate, musical instruments, watches
and jewelry, private libraries for their value exceeding three
hundred dollars; carriages, threshing machines, and every
description of vehicle, farming utensils, machines and Ma-
chinery, and professional libraries for their aggregate value
over three hundred dollars; boats and vessels of every des-
cription whether registered or licensed, and whether navigat-
ing the waters of this State or not, if owned either wholly or
in part by inhabitants of this city, to the amount owned in
this city.
See. 6. The term "credit" as used in this ordinance in-
cludes every. claim and demand for money, labor, or other
valuable thing,and every annuity or stu:: of money receivable
at stated periods, and all money or property of any kind se-
cured by deed, mortgage or otherwise; but pensions of the
United States, or any of them, and salaries or payments ex-
pected for services to be rendered, are not included in the
above terin.
SAC. 7. Every inhabitant of this city, of full age and
sound mind, shall assist the Assessor in listing all property
subject to taxation in this city, of which he is the owner, or
has the control or management, in the manner hereinafter di-
rected; the property of a ward is to be listed by his guardian;
of a minor, by his father, if living; if not, by his mother, if
living,and if not,by the person having the property in charge;
of a married woman, by herself or husband; of a beneficiary
for whom property is held in trust by a trustee; and the per-
sonal property of a decedent by the executor; of a body cor-
porate, company, society or partnership, by its principal ac-
counting officer, agent or partner. Property under mortgage
or lease is to be listed by and taxed to the mortgagor or lessor
unless it be listed by the mortgagee or lessee.
122 REVISED CITY ORDINANCES.
SEc. 8. Commission merchants, and all persons trading
and dealing on commission, and assignees authorized to sell
when the owner of the goods does not reside in .the city, are,
for the purpose of taxation, to be deemed the owners of the
property in their possession.
SEc. 9. Any person required to list property belonging to
another, shall list it separately from his own, giving the As-
sessor the name of the person or estate to whom it belongs;
but the undivided property of a person deceased belonging to
his heirs may be listed as belonging to his heirs without enu-
merating them. Any individual of a partnership is liable for
the taxes due from the firm. •
SEc. ro. Lands, lots, and all real and personal estate be-
longing to any railway company, and all railroad bridges
across the Mississippi river, shall be subject to assessment
and taxation on the same basis as the property of individuals.
SEc. II. No real estate used by railway corporations for
road beds shall be included in the assessment to the owners of
the adjacent property,but all such real estate shall be deemed
to be the property of such companies for the purpose of taxa-
tion. Nor shall real estate occupied for and used as a public
highway or street be assessed and taxed as part of adjacent
lands, whence the same was taken for such public purpose,
provided such highway or street be of record as having been
donated to the public.
SEc. 12. All property, real or personal, including their
franchises, owned by telegraph, express and steamboat com-
panies, shall be listed and assessed for taxation, and shall be
subject to the same levies as the property of individuals.
SEc. 13. All taxable property shall be listed and assessed
each year, in the naive of the owner thereof, on the first day
of January.
SEC. 14. Depreciated bank notes, and stock of corporations
and companies, shall be assessed at their cash value; credits
REVISED CITY ORDINANCES. 123
shall be listed at such sum as the person listing them be-
lieves will be received or can be collected thereon,and annui-
ties at the value which the person listing them believes them
to be worth in money.
SEC. 15. In making up the amount of money or credits
which any person is required to list, or have listed and as-
sessed, he will be entitled to deduct from the gross amount
all debts in good faith owing by him,but no acknowledgment
of indebtedness, not founded on actual consideration, and no
such acknowledgment made for the purpose of being so de-
ducted, shall be considered a debt, within the intent of this
section; and so much only of any liability of such person as
security for another shall be deducted as the person making
the list believes he is equitably or legally bound to pay; and
so much only as he believes he will be compelled to pay on
account of the inability of the principal debtor; and if there
are other sureties able to contribute then so much only as he
in whose name the list is made will be bound to contribute;
but no person will be entitled to any deduction on account of
any obligation of any kind given to any insurance company
for the premiums of insurance, nor on account of any unpaid
subscription to any institution, society, corporation or com-
pany; and no person_ shall be entitled to any deduction on
account of any indebtedness contracted for the purchase of
United States bonds or other non-taxable property.
SEc. 16. Any person owning, or having in his possession,
or under his control, within this city, with authority to sell
the same, any personal property purchased with a view of its
being sold at a profit, or which has been consigned to him
from any place out of this city, to be sold within the same,
shall he held to be a merchant for the purpose of this ordi-
nance. Such property shall be listed for taxation, and in es-
timating the value thereof the merchant shall take the aver-
age value of such property in his possession or under his con-
124 REVISED CITY ORDINANCES.
trol, during the next year previous to the time of assessing,
and if he has not been engaged in the business so long, he
shall take the average daring such time as he shall have been
so engaged, and if he be commencing he shall take the value
•of the property at the time of assessing.
SEc. 17. Any person who purchases, receives or holds
personal property of any description, for the purpose of add-
ing to the value thereof by any process of manufacturing,
packing of meats, refining, purifying, or by the combination
of different materials with a view of making gain or profit by
so doing, and by selling the same, shall be held to be a man-
ufacturer for the purposes of this ordinance; and he shall list
for taxation the average value of such property in his hands,
estimated as directed in the preceding, section; but the value
shall be estimated upon those materials only which enter in-
to the composition or manufacture.
SEc. 18. Any person acting asi the agent of another and
having in his possession or under his control or management
any money, notes and credits, or personal property belonging
to such other person, with a view to investing or loaning, or
in any other manner using the same for pecuniary profit,shall
be required to list the same at the real value; and such agent
shall be personally liable for the tax on the same. And if he
refuse to render the list or to swear to the same, the amount
of such money, property, notes and credits may be listed and
valued according to the best knowledge and judgment of the
Assessor, subject to the provisions of section four of this ordi-
nance.
SEC. 19. All shares of the banking associations doing busi-
ness within this city, which are organized within this State,
pursuant to the provisions of the act of Congress to procure a
National Currency, secured by the pledge of United States
Stocks, and to provide for the circulation and redemption
thereof, held by any person or body corporate, shall be in -
REVISED CITY ORDINANCES. 125
eluded in the valuation of the personal property of such per-
son or body corporate in the assessment of taxes in this city,
whether the holder thereof resides here or not; but not at a
greater rate than is assessed on other moneyed capital in the
hands of individuals.
SEc. 2o. The principal accounting officer of each of such
associations, between the first and fifteenth days of February,
of each year, shall list the shares of such association, giving
the Assessor the naive of each person owning shares and the
amount owned by each on the first day of January preceding;
and for the purpose of securing the collection of taxes assessed
upon said shares, each banking association shall be liable to
pay the same as the agent of each its shareholders, under the
provisions of section twenty of this ordinance, and the associ-
ation shall retain so much of any dividend belonging to any
shareholder as shall be necessary to pay any taxes levied upon
his shares.
SEc. 21. If at any time Congress shall amend the acts
aforesaid, then said Assessors shall assess the shares in any
such National Bank in such manner as to conform to such
amended act of Congress: Provided, That such shares shall
not be assessed at a greater rate than is imposed by law on
other moneyed capital in the hands of individuals in this
city.
SEC. 22. The Assessor shall, on or before the first day of
June, in each year, complete the said assessment book, and
so notify the Council. Said book shall have the several col-
umns of numbers and value correctly footed up, and the
amount of personal property assessed to each person carried
forward into a column under the head of total personal prop-
erty.
SEc. 23. When the naine of the owner of any real estate
is unknown, it shall be lawful to assess such real estate with-
out connecting therewith any name; but inscribing at the
126
REVISED CITY ORDINANCES
head of the page the words "owners Unknown." And such
property, whether lands or town lots, or mineral lots, shall be
listed as near as practicable in the order of the numbers
thereof; and no one description shall comprise more than one
town lot, or mineral lot, or number of any sub -division there-
of, or more than the sixteenth part of a section or other
smaller sub -division of the land according to the government
surveys; except in cases where the boundaries are so irregular
that it cannot be described in the usual manner in accordance
with such surveys.
SEc. 24. If any Assessor shall fail or neglect to perform
any of the duties required of hiin by this ordinance, at the
time and in the manner specified, he shall be liable to a fine
of not less than twenty, nor more than one hundred dollars,
to be recovered in an action brought in the naive of the city,
and the judgment shall be against him and his bondsmen.
SEC. 25. The City Council shall, at the regular meeting
in June, in each year, appoint a Committee on.Assessments,
consisting of one Alderman from each ward. Such Commit-
tee shall constitute a board for the equalization of taxes, and
shall have power to equalize the assessments of all tax -payers
by increasing or diminishing the valuation of any kind of
property or the entire assessment of any tax -payer, as they
inay deem just and necessary for the equitable distribution of
the burden of taxation upon all the property of the city; and
the Assessor shall meet with such committee. The Auditor
shall be the clerk of such committee, and keep a record of
their proceedings. At the first meeting of said Board of Equal-
ization they shall decide what assessments should in their
opinion be raised, and make an alphabetical list of the names
of the individuals whose assessment it is proposed to raise,and
post a copy of the same in a conspicuous place in the place of
meeting of said board and in the post -office in the city, and
the committee shall, if in their opinion some of the assess-
ments should be raised, hold an adjourned meeting -with at
REVISED CITY ORDINANCES. 127
least one week intervening after posting said notices before
final action thereon, which notices shall state the time and
place of holding such adjourned meeting.
Sic. 26. The Auditor shall, upon the receipt of the as-
sessment book, as corrected and approved by the Committee
on Assessments, give notice in two of the newspapers of the
city having the largest circulation within the city, that the
said book is ready for the inspection of tax -payers, and will
continue so to be until the first regular meeting of the City
Council in August, when any person feeling aggrieved by
the assessment of his or hgr real estate or personal property
may appeal to the Council for correction: Provided, That if
the Assessors should not return the assessment book at the
time required by this ordinance, the Council may, by resolu-
tion, extend the time for appeals until the expiration of one
month from the date of such return.
SEC. 27. Any person considering himself aggrieved by
the action of the Assessor may appeal therefrom to the City
Council; and any tax -payer of the city may appeal from the
assessment made by the Assessor against any other tax -payer
to the City Council on the ground that such assessment is too
low. All such 'appeals shall stand referred without action of
the Council to the Committee on Assessinents,who shall hear
such appeal, and report their proceedings to the Council with
such recommendations as shall seem proper; and the action of
the City Council in the premises shall be final: Provided,
That no assessment of moneys and credits, or other personal
property, shall be raised on such appeal until after notice
shall have been given to the person assessed, as provided in
section twenty-five hereof.
SEC. 28. The City Council shall, at the first regular meet-
ing in January, in each year, fix the limits of the benefits or
protection of the water works, which shall be done by resolu-
tion defining the same.
•
128 REVISED CITY ORDINANCES.
Ste. 29. At the first regular meeting in September, in
each year, the City Council shall levy the requisite tax for
the current year, which shall be done by resolution, specify-
ing the percentage of tax to be raised for the purpose of pay-
ing the debts of the city. They shall also at the same time,
and in the same manner, levy a tax upon the property within
the limits of the protection or benefits of the water works, •
sufficient to pay off the water rents due the Dubuque Water
Company under their contract with the city.
Ste. 3o. After having made the corrections determined by
the Councilf the Auditor shall forthwith proceed to transcribe
such assessment book, and complee the tax list by carrying
out in separate columns the different taxes levied by the
Council, carrying out separately the tax on personal property,
and on each piece of teal property, and footing up the total
tax of each person, firm or corporation. He shall complete
such book on or before the first day of November.
SEc. 31. The Auditor, after completing said tax book,
shall enter upon the same a warrant to the Treasurer, which
shall be subscribed by the Mayor, and attested by the Recor-
der, with the seal of the city affixed thereto, and deliver the
same to the Treasurer, taking his receipt therefor; and such
list shall be full and sufficient authority for the Treasurer to
collect the taxes therein levied, But no informality therein,
nor the want of any of the signatures of either of the officers
above mentioned, nor failure to affix the seal of the city, and
no delay in delivering the tax list after the term above speci-
fied, shall affect the validity of any taxes, or sales, or other
proceedings for the collection of taxes under this ordinance.
SEC. 32. The Auditor may correct any clerical error in
the assessment or tax book, and shall make any correction
therein when directed by the City Council; and when any
such correction affecting the amount of tax is made, after the
books shall have passed into the hands of the Treasurer, he
shall charge the Treasurer with all sums added to the several
REVISED CITY ORDINANCES. 129
taxes, and credit him with all deductions therefrom and re-
port the same to the Council.
SEC. 33. The Auditor, when making up the tax book of
the city, and before said book is placed in the hands of the
City Treasurer for collection of the taxes therein, shall desig-
nate each piece or parcel of real estate sold for taxes, and not
redeemed,by writing in a plain manner opposite to each such
piece the word "sold."
SEC. 34. . The Treasurer shall, upon receipt of the tax
book, give notice in the papers of the city, continued for one
month, that he is prepared to receive the taxes, and all taxes
unpa'ld on the first day of February shall be delinquent and
shall bear interest from and after that date.
The Treasurer shall continue to receive taxes after they be-
come delinquent, until collected by distress and sale, but if
they are not paid before the first day of February he shall
collect the same in the manner hereinafter provided.
Ste. 35. The Treasurer, on receiving the tax book for
each year, shall enter upon the same in separate columns,op-
posite each parcel of real property or person's name,on which
or against whom any tax remains unpaid, for either of the
preceding years, the year or years for which such delinquent
tax so remains due and unpaid; and any sale for the whole or
any part of such delinquent tax, not so entered, shall be void.
SEC. 36. The. Treasurer, after making the above entry,
shall proceed to collect the taxes, and the list shall be his
authority and justification against any illegality in the pro-
ceedings -prior to receiving the list, and he is also authorized
and required to collect, so far as practicable, the taxes re-
'tnaining unpaid on the tax books of previous years.
SEc. 37. The Treasurer shall, when any person offers to
pay taxes on any real estate marked "sold," notify such per-
son that such property has been sold for taxes, and inform
130 REVISED CITY ORDINANCES.
him for what taxes said property was sold, and at what time
said sale was effected.
Sc.E38. The Treasurer shall certify in writing the entire
amount of taxes and assessments due upon any parcel of real
estate, and all sales of the same for unpaid taxes or assess-
ments shown by the books in his office; with the amount re-
quired for redemption from the same, if still redeemable,
whenever he shall be requested to do so by any ,person having
any interest in said real estate, and be paid or tendered his
fees for such certificate at the rate of fifty cents for the first
parcel, and twenty-five cents for each subsequent parcel.
Each description in the tax list shall be reckoned a parcel in
computing the amount of such fees.
SEc. 39. Such certificate, with the Treasurer's receipt,
showing the payment of all taxes therein specified, and the
Auditor's certificate of redemption from the tax sales therein
• mentioned shall be conclusive evidence for all purpose's, and
against all persons, that the parcel of real estate in said cer-
tificate and receipt described was, at the date thereof, free
and clear of all taxes and assessments, except sales whereon
the time of redemption had already expired and tax purchas-
er had received his deed.
SEc. 40. For any loss resulting to the city, or to any tax
purchaser or tax -payer, from an error in said certificate or
receipt, the Treasurer and his sureties shall be liable on his
official bond.
SEC. 41. The Treasurer shall assess any property subject
to taxation which may have been omitted by the Assessor,
Board of Equalization, or Auditor, and collect taxes thereon;
and in such case he is required to note opposite such assess-
ment the words "By Treasurer." And the Treasurer shall
forthwith notify the Auditor of such assessment, and the
amount thereof: Provided, That such assessment shall be
REVISED CITY ORDINANCES. 131
made within two years after the tax list shall have been deli-
vered to him for collection, and not afterwards.
SEC. 42. In all cases where real property subject to taxa-
tion shall not have been assessed by the Assessors or other
proper officers, the owner thereof, by himself or his agent,
shall have the same property assessed by the Treasurer and
pay the taxes thereon; and no failure of the owner to have
such.property assessed or the errors in the assessment correct-
ed, and no irregularity, error or omission in the assessment of
such property, shall affect in any manner the legality of the
taxes levied thereon.
SEc. 43. City Warrants shall be received by the Treasurer
in full payment of all taxes for current city expenses and
water rents; but money only shall be received for the taxes
levied for the purpose of paying the debts of the city.
SEc. 44- No demand of taxes shall be necessary, but it is
the duty of every person subject to taxation to attend at the
office of the Treasurer, unless otherwise provided, at some
• time between the second Monday of November and the first
day of February, and pay his taxes, and if any one neglect to
pay them before the first da.. of February following the levy
of the tax, the Treasurer idirected to make the same by
distress and sale of his personal property not exempt from
taxation, and the tax list alone shall be sufficient warrant for
such distress.
SEC. 45. When the Treasurer distrains goods he may keep
them at the expense of the owner, and shall give notice of
the time and place of their sale, within five days after the
taking,.`t_in the manner constables are required to give notice
of the sale of personal property under execution, and'the time
of sale shall not be more than twenty days from the day of
taking; but he may adjourn the sale from time to time, not
exceeding five days, and shall adjourn at least once when
there are no bidders, and in case of adjournment he shall put
132 REVISED CITY ORDINANCES
up a notice thereof at the place of sale. Any surplus remain-
ing above the taxes, charges of keeping, and fees for sale,
shall be returned to the owner, and the Treasurer shall on
demand render an account in writing of the sale and charges.
SEC. 46. If the Treasurer be resisted or. impeded in the
execution of his office, he may require any suitable person to
assist him therein; and if such person refuse his aid, he shall
be fined not less than ten dollars, and the person resisting
shall be liable to a fine of fifty dollars.
Szc. 47. On the first day of February the unpaid taxes, of
whatever description, for the preceding year, shall become de-
linquent, and shall draw interest as hereinafter provided, and
taxes upon real property are hereby made a 'perpetual .lien
thereupon against all persons, except the United States and
this State, and taxes due from any person upon personal pro-
perty shall be a lien upon any real property owned by such
person or to which he may acquire a title from the time of
the levy thereof.
SEC. 48. The Treasurer is authorized and directed to col-
lect the delinquent taxes by' the sale of any personal property
upon which the taxes are levied, or any other personal prop-
erty belonging to the person agist whoin the taxes are • as-
sessed.
SEc. 49. The Treasurer shall continue to receive taxes
after they become delinquent until collected by distress and
sale; but if they are not paid before the first day of February,
he shall collect, in addition to the tax of each tax payer so
delinquent, as a penalty for non-payment, at the rate of one
per cent. a month on the amount of the tax for the first three
months; two per cent. a month thereafter. But the penalty'
provided by this section shall not be construed to apply, and
shall not apply, upon taxes levied by order of any court to pay
judgments on city indebtedness, and upon such taxes no
other penalty than the interest • which such judgments draw
can be collected,
REVISED CITY ORDINANCES. 133
SEc.50. The Treasurer shall, in all cases,make ottt and de-
liver to the tax payer a receipt, stating the time of payment,
the description and assessed value of each parcel of land, and
the assessed value of personal property, tile amount of each
kind of tax, the interest on each, and cost, if any, giving a
separate receipt for each year, and he shall make the proper
entries of such payments on the books of his office. Such re-
ceipt shall be in full of the party's taxes for that year, but the
Treasurer shall receive the full amount of any tax, whenever
the same is tendered, and give a separate receipt therefor.
SEC. 51. The Auditor shall keep full and complete ac=
counts with the Treasurer, with each separate fund or tax by
itself, in each of which accounts he shall charge him with
the amounts in his hands at the opening of such account,
whether delinquent taxes, notes, cash, or other assets belong-
ing to such fund, the amount of each tax for each year,when
the tax book is received by hiin, and all additions to each tax
or fund, whether by additional assessments, interest on delin-
quent taxes, amount received for licenses, or other items, and
shall credit the Treasurer on proper vouchers for money dis-
bursed, for double or erroneous assessments, the correction or
remission of which causes a diminution of the tax, and for
unavailable taxes, or such as have been properly and legally
assessed, but which there is no prospect of collecting.
Szc. 52. The Council shall direct the Treasurer to refund
to the tax payer- any tax or other portion of a tax found to
have been erroneously or illegally exacted or paid, with all
interest and costs actually paid thereon; and in case any real
property subject to taxation shall be sold for the payment of
such erroneous tax, interests or costs, as above mentioned,
the error or irregularity in the tax may at any time be cor-
rected as above provided, and 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 of the
134 REVISED CITY ORDINANCES.
purposes.for which ally part of the taxes for which the land
was sold was levied, and the taxes were not paid before the
sale, and the property had not been redeemed from sale.
SEc. 53. On the first Monday in October, in each year,
the Treasurer is required to offer at public sale, at his office,
all lands, town lots, or other real property, on which taxes of
any description for the preceding year or years shall remain
due and unpaid, and such sale shall be made for and in pay-
ment of the total amount of taxes, interest and costs, due and
unpaid on such property.
SEc. 54. The notice to be given of such sale shall state
the time and place thereof, and contain a description of the
several parcels of real property to be sold for the delinquent
taxes of the preceding year, and such real property as has not
been advertised for the taxes of previous years, and on which
the taxes remain due and delinquent; and the amount of tax-
es, interest and costs against each tract, and the name of the
owner, when known, or person, if any, to whom taxed.
SEc. 55. The Treasurer shall give such notice by causing
the same to be printed once in each week for three successive
weeks, the last publication to be at least one week prior to
the day of sale, in the official papers of the city, and also by
causing a copy of each notice to `be posted on the door of the
City Hall at least four weeks before Xhe day of sale.
SEc. 56. The Treasurer shall charge and collect in addi-
tion to the taxes and interest, a sum not exceeding twenty
(2o) cents on each tract of real estate advertised for sale,which
sum shall be paid into the treasury; and the city shall pay
the cost of publication. But in no case shall the city be li-
able for more than the amount charged to the delinquent
lands for advertising, and if the Treasurer cannot procure the
publication of said notice for that sum, or if for any reason
the Treasurer is unable to procure the publication of said no-
tice, he shall post up written notices of said sale in four of
REVISED CITY ORDINANCES. 135
the most public places in the city, -four weeks before sale,
and notice so given shall have the same force and effect as
though the same had been published in a newspaper.
SEc. 57. The Treasurer shall, at his office, on the day of
sale, at the hour of ro o'clock in the forenoon, offer for sale,
separately, each tract or parcel of real property advertised for
sale, on which the taxes and costs shall not have been paid.
SEC 58. The person who offers to pay the amount of tax-
es due on any parcel of land or town lot, for the smallest por-
tions of the same, is to be considered the purchaser; and
when such purchaser shall designate the portion of any tract
of land or town lot, for which he will pay the whole amount
of taxes assessed against any such tract or lot, the portion
thus designated shall in all cases be considered an undivided
portion. In all cases where the homestead is listed separate-
ly as a homestead it shall be liable for the taxes thereon.
SEc. 59. The Treasurer shall continue the sale from day
to day as long as there are bidders, or until the taxes are all
paid.
SEc. 6o. The person purchasing any parcel or part there-
of, shall forthwith pay to the Treasurer the amount of the
taxes and costs charged thereon; and on failure to do so, the
said parcel shall at once again be offered as if no such sale
had been made. Such payment may be made in the same
funds receivable by law in the payment of taxes.
SEc. 61. Any person owning or claiming lands or town
lots advertised for sale as aforesaid, may pay to the Treasurer
at any time before the sale thereof, the taxes due thereon,
with interest, cost of advertising, and all the costs which may
have accrued up to the time of such payinent.
SEc. 62. In all advertisements for the sale of real property
for taxes, and in entries required to be made by the Auditor,
Treasurer, or other official, letters and figures may be used as
136 REVISED CITY ORDINANCES.
they have been heretofore, to denote townships, ranges, sec-
tions, part of sections, lots, blocks, date, and the amount of
taxes, interest and costs; and no irregularity or informality in
the advertisement shall affect in any manner the legality of
the sale or the title to any real property conveyed by the
Treasurer's deed under this chapter; but in all cases, the pro-
visions of this ordinance shall be sufficient notice to owners
of the sale of their property.
Suc. 63. The Treasurer shall obtain a copy of said adver-
tisement, together with a certificate of the due publication
thereof, from the printer or publisher of the newspaper in
which the same shall have been published, and shall file the
same in the office of the Auditor; and such certificate shall be
substantially in the following form:
"I, A. B., publisher (or printer) of , a newspaper
printed and published in the City and County of Dubuque,
and State of Iowa, do hereby certify that the foregoing notice
and list were published in said 'newspaper once in each week,
for three successive weeks, and the last of which publication
was made on the day of A. D. 18—; and that copies of
each number containing said notice and list were delivered
by carriers or transmitted by mail to each of the subscribers
to said paper, according to the accustomed mode of business
in this office.
A— B ,
Publisher (or Printer) of the
STATE OF IOWA, f ss.
• Dubuque County,
The above certificate of publication was
subscribed and sworn to before me by the above named. A—
B—, who is personally known to me to be the identical
person described therein, on the day of A. D. i8—.
C D ,
City Auditor of the City, of Dubuque. •
REVISED CITY ORDINANCES. 137
SEc. 64. The Auditor shall attend all sales of real prop-
erty for taxes, made by the Treasurer, and make a• record
thereof, in a book to be kept by him for that purpose, there-
in describing the several parcels of real property on which
taxes and costs were paid by purchaser, as they are described
in the list or advertisement on file in his office, stating in se-
parate columns the amount as obtained from the Treasurer's
tax list of each kind of tax, interest and costs, for each tract
or lot, how made, and what part of each tract or lot was sold,
to whom sold, and date of sale. The Treasurer shall also
keep a book of sales, in which, at the time of sale, he shall
snake the same records. He shall also note in the tax list,
opposite the description of the property sold, the fact and
date of such sale.
SEc. 65. When all the parcels of real property _advertised
for sale shall have been offered, and a portion thereof shall
remain unsold for want of bidders, the Treasurer shall ad-
journ the sale to some day not exceeding two months from
the time of adjournment, due notice of which day shall be
given at the time of adjournment, and also by keeping a no-
tice thereof posted up in a conspicuous place in the Treasur-
er's office. But no further advertisement shall be necessary.
On the day fixed for the reopening of the sale, the same pro-
ceedings shall be had as provided hereby for the sale com-
mencing on the first Monday in October. And further ad-
journment shall be made from time to time, not exceeding
two months, and the sale shall be thus continued until the
next regular annual sale, or until all the taxes shall have
been paid.
SEC. 66. If any Treasurer or Auditor shall hereafter be
either directly or indirectly concerned in the purchase of any
real property sold for the payment of taxes, he shall be liable
to a penalty of not more than one hundred dollars, to be re-
covered in aft action in the District Court, brought in the
138 REVISED CITY ORDINANCES.
name of the city' against such Treasurer or Auditor, as the
case may be, and his bondsmen; and all such sales shall be
void.
SEC. 67. If, from neglect of officers to make returns, or
from any other cause,real property cannot be duly advertised
and offered for sale on the first Monday of October, the Trea-
surer shall make the sale on the first Monday of the next suc-
ceeding month in which it can be made,, allowing time for
the publication as provided in this chapter.
Sic. 68. The Treasurer shall make out, sign and deliver
to the purchaser of any real property sold for the payment of
taxes as aforesaid, a certificate of purchase, describing the
property on which the taxes and costs were paid by the pur-
chaser, as the same was described in the record of sales; and
also how much, and what part of each tract or lot was sold,
and stating the amount of each kind of tax, interest and costs
for each tract or lot for which the same was sold, as described
in the record of sales; and that payment had been made
therefor. If any person shall become the purchaser of more
than one parcel of property, he may have the whole included
in one certificate, but each parcel shall be separately de-
scribed.
S>~c. 69. The certificate of purchase shall be assignable
by endorsement, and an assignment thereof shall vest in the
assignee, or his legal representative, all the right and title of
the original purchaser; and the statement in the Treasurer's
deed of the fact of the assignment shall be presumptive evi-
dence of such assignment. In case said certificate is assigned
then the assignment of said certificate shall be placed on re-
cord in the office of the Treasurer in the register of tax sales.
Sic. 70. The Treasurer shall also make out, sign and de-
liver to the purchaser of any real property sold for taxes afore-
said, duplicate receipts for any taxes, interest and costs paid
REVISED CITY ORDINANCES.
139
by said purchaser after the date of such purchase, for any sub-
sequent year or years; one of which receipts. said purchaser
shall present to the Auditor, to be by him filed in his office,
and a memorandum thereof entered on the register of sales;
and if he neglect to file such duplicate receipt with the .Au-
ditor before the redemption, such tax shall not be a lien on
the land, and the person paying such tax shall not be entitled
to recover the same of the owner of such real estate.
SEC. 71. Real property hereafter sold under the provisions
of this chapter, may be redeemed at any time before the right
of redemption is cut off; as hereinafter provided, by the pay-
ment to the Auditor, to be held by him subject to the order
of the purchaser of the amount for which the same was sold,
and ten per centum of such amount immediately added as a
penalty, with ten per cent. interest per annum on the whole
amount thus made from the day of sale, and also the amount
of all taxes, interest and costs paid for any subsequent year
or years; and a similar penalty of ten per centum added as be-
fore on the amount of the payment for each subsequent year,
with ten per cent. interest per annum on the whole of such
amount or amounts, from the day or days of payment, unless
• such subsequent taxes shall have been paid by the person for
whose benefit the redemption is made, which fact may be
shown by the Treasurer's'`receipt; and, Provided, further,
That such penalty for the non-payment of the taxes of any
such subsequent year or gears shall not attach, unless
such subsequent tax or taxes shall have remained unpaid un-
til the first day of March, after they become due, so that they
have become delinquent; nor shall any of said penalties apply
in the cases in the last clause of section fifty (5o) of this chap-
ter.
Sic. 72. The Auditor shall,upon application of any party
to redeem any real property sold under the provisions of this
chapter, and being satisfied that such party has a right to re-
deem the same, and upon the payment of the proper amount,
140 REVISED CITY ORDINANCES.
issue to such party a certificate of redemption, setting forth
the facts of the sale substantially as contained in the certifi-
cate of sale; and the date of redemption, the amount paid, and
by whom redeemed; and he shall make the proper entries in
the book of sales in his office, and shall immediately give no-
tice of such redemption to the Treasurer. Such certificate of
redemption shall then be presented to the Treasurer, .who
shall countersign the same and snake the proper entries in
the books of his office; and no certificate of redemption shall
be evidence of such redemption without such signature of
the Treasurer.
Sc.E73. If real property of any minor, or lunatic, is sold
for taxes, the same may be redeemed at any time within one
year after such disability is removed, in the manner specified
in section eight hundred and. ninety-three (893) of Code of
Iowa. Or such redemption may be made by the guardian or
legal representative under section eight hundred and ninety
(89o) thereof at any time before the delivery of the deed.
SEC. 74. Any person entitled to redeem lands sold for tax-
es after the delivery of the deed, shall redeem the same by an
equitable action in a court of record, in which all persons
claiming an interest in the land derived from the tax sale,
as shown by the record, shall be made defendants; and the
courts shall determine the rights, claims, and interest of the
several parties, including liens for taxes and claims for im-
provements made on the land by the person claiming under
the tax title; and no person shall be allowed to redeem lands
sold for taxes in any other manner after the service of the no-
tice provided for by the next section, and the execution and
delivery of the Treasurer's deed.
SEC. 75. After the expiration of two years and nine months
after the date of sale of the land tor taxes, the lawful holder
of the certificate of purchase may cause to be served upon the
person in possession of such land or town lot, and also upon
REVISED CITY ORDINANCES. 141
the person in whose naive the same is taxed, if such person
resides in the city, in the manner provided by law for the
service of original notices, a notice signed by him, his agent
or attorney, stating the date of sale, the description of the
land or town lot sold, the naive of the purchaser, and that the
right of redemption will expire and a deed for said land be
made unless redemption from such sale be made within nine-
ty days from the completed service thereof. Service may be
made upon non-residents of the city by publishing the same
three times in some newspaper published in said city. But
any such non-resident may file with the Treasurer of the city
a written appointment of some resident of the city as agent
upon whom service shall be made. And in such case, per-
sonal service of said notice shall be made upon said agent.
Service shall be deemed completed when an affidavit of the
service of said notice and of the particular mode thereof, duly
signed and verified, by the holder of the certificate of pur
chase, his agent, or attorney, shall have been filed with the
Treasurer authorized to execute a tax deed. Such affidavit
shall be filed by said Treasurer and entered upon the records
of his office and said record or affidavit shall be presumptive
evidence of the completed service of notice herein required.
And until ninety days after the service of said notice, the
right of redemption from such sale shall not expire. The
cost of serving said notice, whether by publication or other-
wise, together with the cost of the affidavit, shall be added to
the redemption money.
SEC. 76. Immediately after the expiration of ninety days
from the date of service of the written notice hereinbefore
provided, the Treasurer then in office shall make out a deed
for each lot or parcel of land sold, and remaining unredeemed,
and deliver the same to the purchaser upon the return of the
certificate of purchase. The Treasurer shall demand twenty-
five cents for each deed made by him on such sales; but any
number of parcels of land bought by one person may be in-
142 REVISED CITY ORDINANCES.
eluded in one deed if desired by the purchaser.
S>~c. 77. Deeds executed by the Treasurer shall be sub-
stantially in the following form:
KNOW ALL MEN BY THESE PRESENTS:
That, whereas, the following described real property, viz:
(here follows description) situated in the City and County of
Dubuque, and State of Iowa, was subject to taxation by said
city for the year —(or years) A. D. i8—. And, whereas, the
taxes assessed upon said propefty by said city for the year (or
years) aforesaid, remained due and unpaid at the date of the
sale hereinafter named. And, whereas, the Treasurer of said
city did, on the day of A. D. i8—, by virtue of the
authority in hiin vested by law, at (and adjournment)
of the sale began and publicly held on the first Monday of
A. D. 18—, expose to public sale at the office of the
Treasurer in the city aforesaid, in substantial conformity with
all the regulations of the statute and the ordinance in such
ase made and provided, the property above described for the
payment of the taxes, interest and costs then due and remain-
ing unpaid on said property. And, whereas, at the time and
place aforesaid, A B , of the County of— and State
of , having offered to pay the sum of and cents,
being the whole amount of taxes, interest and costs then due
and unpaid on said property for (here follows a description of
the property sold) which was the least quantity bid for, and
payment of said sum having been by him made to said Trea-
surer, said property was stricken off to him at that price.
And, whereas, the said A— B— did, on the day of
A. D. 18—, duly assign the certificate of the sale of the
property as aforesaid, and all his right, title and interest to
said property, to E T , of the County of and State
of . And, whereas, by the affidavit of , filed in said
Treasurer's office on the day of A. D. 18—, it appears
that due notice has been given more than ninety days before
REVISED CITY ORDINANCES. 143
the execution of these presents to— and of the expira-
tion of the redemption allowed by law. And, whereas, three
years have elapsed since the date of said sale, and said prop-
erty has not been redeemed therefrom as provided by law.
Now, therefore, I, C— D—, Treasurer of the city aforesaid,
for and in consideration of the said sum to the Treasurer paid
as aforesaid, and by virtue of the statute and the ordinance in
such case made and provided, have granted, bargained and
sold, and by these presents, do grant, bargain and sell, unto
the said A— B— (or E. T.) his heirs and assigns the real
property last hereinbefore described. To have and to hold
unto him, the said A— B— (or E. T.) his heirs or assigns
forever; subject, however, to all rights of redemption provid-
ed by law.
In witness whereof, I, C— D—, Treasurer as aforesaid, by
virtue of the authority aforesaid, have hereunto subscribed
my name on this day of r8—.
STATE OF IOWA,
Dubuque County, J ss.
I hereby certify that before me
in and for said city, personally appeared the above C— D—,
Treasurer of said city, personally known to me to be the
Treasurer of said city, at the date of the execution of the
above conveyance, and to be the identical person whose naive
is affixed to, and who executed the above conveyance as
Treasurer of said city, and acknowledged the execution of
the same to be his voluntary act and deed as Treasurer of said
city, for the purpose therein expressed.
Given under my hand —(and seal—) this day of A.
D. is—.
SEC. 78. The deed shall be signed by the Treasurer in his
official capacity, and acknowledged by hiin before some offi -
144 REVISED CITY ORDINANCES.
cer authorized to take acknowledgements•of deeds; and when
substantially thus executed, and recorded in the proper re-
cord of titles to real estate, shall vest in the purchaser all the
right, title, interest and estate of the former owner in and to
the land conveyed; and also all the right, title, interest and
claim of the city.
Suc. 79. The provisions of this ordinance shall not affect
sales heretofore made, or tax deeds given in pursuance of
sales made before the taking effect of this ordinance.
SEc. 80. When by mistake, or wrongful act of the Trea-
surer, land has been sold on which no tax was due at the
time; or whenever land is sold in consequence of error in des -
scribing such land in the tax receipt; the city is to hold the
purchaser harmless by paying him the amount of principal
and interest at ten per cent. and costs. And the Treasurer
and his bondsmen shall be liable to the city to the amount of
his official bond; or the purchaser or his assignee may recover
directly from the Treasurer in an action brought to recover
the same in any court having jurisdiction,of the amount; and
judgment shall be against him and his bondsmen. But the
Treasurer, or his bondsmen, shall be liable for only his own
or his deputies' acts.
SEc. 81. Whenever it shall be made to appear to the sat-
isfaction of the Treasurer, either before the execution of a
deed for real property sold for taxes, or if the deed be re-
turned by the purchaser, that any tract or lot was sold which
was not subject to taxation, or upon which the taxes had been
paid previous to the sale, he shall make an entry opposite
such tract or lot, on the record of sales, that the same was er-
roneously sold; and such entry shall be evidence of the fact
therein stated, and in such cases, the purchase money shall
be refunded to the purchaser as provided by this chapter.
SEc. 82. No sale of real property for taxes shall be consid-
ered invalid on account of the same having been charged in
REVISED CITY ORDINANCES. 145
any other name than that of the rightful owner, if the said
property be in other respects sufficiently described.
SEC. 83. In any case that may arise, not provided for in
this ordinance, the officer, in the assessment, levy and col-
lection of city taxes, and the sale of real estate therefor, and
the redemption of lands sold for taxes, shall be governed by
the statute then in force controlling the action of county and
township officers in the levy and collection of county taxes.
SEc. 84. That when by mistake, or wrongful act of the
Treasurer and Collector, real property has .heretofore been
sold or shall hereafter be sold for delinquent taxes,which was
not liable to be sold, or on which at the time of sale no tax
was due and delinquent, or whenever real property has been
or shall be sold, and error made in describing such real prop-
erty in the certificate or receipt issued to the purchaser, the
city shall refund to the purchaser the amount wrongfully col-
lected of him together with ten per cent. interest per annum
from date of payment to date of refunding.
Following is an Amendment to the foregoing ordinance,
passed February 19, 1887:
AN ORDINANCE to amend an ordinance entitled "An Or-
dinance to provide for the assessment and collection of tax-
es in the City of Dubuque," and to provide for the appoint-
ment of one or more Assistant Assessors.
Be it Orcbuinecl by the City Council of the City of Dubuque:
SECTION r. That immediately on entering upon the duties
of his office in each year, as provided in section two (2) of the
ordinance to which this ordinance is amendatory, or as soon
thereafter as practicable, the City Assessor shall deliver to
every resident of the city of Dubuque who is the owner, or
the agent of the owner, of any real or personal property of any
description in said city, subject to taxation, a printed blank
146 REVISED CITY ORDINANCES.
form, suitable for the listing and return of all such property
for the purpose of assessment.
Said blank forms shall be provided and furnished to the
Assessor in sufficient quantities by the City Auditor,and shall
be ruled and prepared in such a manner as to include under
the proper headings every species of property liable to taxa-
tion under the ordinances of the city. Said blank form shall
contain at its head a notice requiring the person to whom
such notice may be addressed, to fill and make out on such
blank a full, true and correct sworn statement, and list of all
the taxable property, both real and personal, including mo-
neys and credits,stocks and shares in incorporated companies,
owned by him (or her) or under his (or her) control,and which
he (or she) is required by law to list, and to hold said state-
ment and list, so made out and sworn to, in readiness for de-
livery to the Assessor, within five days from the date of the
said notice. Said blank form shall also contain an affidavit
to be filled out and signed by the owner or agent of the own-
er of the property listed, certifying under oath that the state-
ment and list as made out by him (or her) thereon is a full,
and true, and correct inventory of all the taxable property
owned by him or under his control, which he is required by
law to list, to the best of his knowledge and belief. The
oath or affirmation prescribed in section four (4) of the ordi-
nance of which this is amendatory, shall be in writing and
appended to the statement and list as hereinbefore provided.
Said affidavit may be sworn to before the Assessor, or any
officer authorized by law to administer oaths.
SEC. 2. That it shall be the duty of each person to whom
the City Assessor shall deliver a printed assessment blank, as
provided in the preceding section, to fill and make out on
said blank, within five days from the date of the delivery
of the same to him, a full and complete list and statement of
all the taxable property, both real and personal, owned by
hire in the city of Dubuque, or for which he may he agent,
REVISED CITY ORDINANCES. 147
and of all the property which he is required to list, including
moneys and credits, and stocks and shares in companies, and
to fill out, subscribe and swear to the affidavit appended to
said blank, and to hold said statement and list so prepared
and sworn to in readiness for delivery to the Assessor when
called for by hiin at any time after the expiration of the said
five days. And any person who, after having received from
the Assessor an assessment blank as above provided, shall ne-
glect to fill and make out the statement and list of all his
taxable property on said blank,in the manner and within the
time specified in this section, or shall neglect or refuse to
subscribe and make oath to the affidavit herein prescribed, or
to deliver the said assessment list to the Assessor whenever
demanded by him after the expiration of such time, shall be
fined not less than twenty, nor .more than one hundred dol-
lars for each offence, and the Assessor shall assess such per-
son according to the best information he, can obtain.
SEc. 3. If an assessor shall fail or neglect to perform any
duty required of him by this ordinance, after having received
from the City Auditor the printed blanks therein specified,
he shall be liable to the penalty provided by section twenty-
four (24) of the ordinance hereby amended, to be recovered in
the manner prescribed in said section. Nothing in this or
the preceding sections shall be construed to invalidate any
assessment hereafter taken or made without the use of the
assessment blank herein provided for.
SEc. 4. That whenever it may be deemed necessary or ex-
pedient, the City Council may appoint one or more Assistant
City Assessors, who shall possess the same qualifications as
the City Assessor, and who shall give bond in such sum as
shall be fixed by the City Council, and shall take and sub-
scribe the same oath of office as required of the City Assessor,
SEc. 5. The Assistant City Assessor or Assessors shall
hold office until the first Monday of May next ensuing after
148 REVISED CITY ORDINANCES.
his or their appointment. But in the event that the city as-
sessment for any year shall not be completed and returned by
the first day of May, the Council may, by resolution, at its
discretion extend the term of office of the City Assessor and
of the Assistant City Assessor or Assessors until such time as
the assessment list for such year shall be fitlly completed and
returned.
SEc. b. It shall be the duty of said Assistant City Assess-
or or Assessors to act in conjunction with the principal As-
sessor, and assist him in listing and assessing the taxable
property of the city, and shall aid and assist the principal As-
sessor in the discharge of any other duties or work incident
to or pertaining to the office of City Assessor. Wherever in
this, or in the ordinance to which this is amendatory, the
term "City Assessor" may occur in defining the powers and
duties of that office, it shall be construed to apply to and in-
clude the Assistant Assessor or Assessors.
SEC. 7. The powers and duties of the Assistant City As-
sessors in the discharge of their official duties shall be con-
current with those of the City Assessor.
SEC. 8. In the conduct of their office, and in the method
of making and returning assessments, the City Assessor and
the Assistant Assessor shall be under the supervision of the
Mayor, whose decision on any point of difference which may
arise between them relative to the manner of discharging
their duties, shall be final and conclusive.
SEc. 9. The Assistant City Assessor or Assessors shall be
allowed such compensation for their services as shall be fixed
by the Council. •
• SEC. ro. The City Council may in any year, by resolution,
divide the city into two or more assessment districts,and sev-
erally assign the principal Assessor and the Assistant Assessor
or Assessors each to a separate district. In case. of the adoption
REVISED CITY ORDINANCES. 14g
of such a method of assessing the property of the city in any
year, the City Assessor and the Assistant Assessor or Assess-
ors, after the listing of all the taxable property has been com-
pleted, shall meet together and act conjointly in the work of
transcribing and preparing the assessment list, and returning
the same to the City Council.
SEc. II. In the assessment of real estate for the purpose
of city taxation, the basis of valuation shall be on the actual
cash value of the property, and in arriving at and fixing such
valtte on any lot or parcel of ground, the Assessor may take
into consideration the prices paid at any recent sale of such
property, and of similar contiguous real estate.
SEC. 12. Any provision of any ordinance of the city of
Dubuque, relating to assessments; or the duties of the City
Assessor, contravening or inconsistent with the provisions of
this ordinance, are hereby repealed.
CHAPTER XXXV.
AN ORDINANCE providing for the cancellation of Taxes.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That any delinquent taxes due the city of
Dubuque for assessments made upon property prior to and in-
cluding the year A. D. 187o, are hereby cancelled.
SEc. 2. That the City Treasurer of the city of Dubuque is
hereby authorized and ordered to mark and cancel upon the
tax books in his office, any delinquent taxes standing against
any property in the city of Dubuque, for assessments made
against said property prior to and including the year A. D.
187o.
Passed March i, 188 .
150 REVISED CITY ORDINANCES.
CHAPTER XXXVI. •
AN ORDINANCE relating to the Fire Department.
SEc. 1. Fire Department. SEc. 9.
2. Comu.and of Chief Engineer. 10.
3. Duties of Assistant Engineer. 11.
4. Chief and assistant how appointed, 12.
5. Duties of Chief. 13.
B. Department to continue as at pres-
ent.
7. Companies to be under foreman.
8. City property not to be taken from
City.
14.
lei.
10.
17.
Nut to run coming from fire.
No cards, dice or gaming.
Insulting firemen punished.
Payment to companies.
Public cistern must not be left
open.
Council to control fire apparatus
Liquor not to be sold to firemen
Marshal's duties.
Injuring property punished.
Be it Ordained by the City Council of the City of Dubuque :
SECTION .1. The fire department of this city shall consist
of a chief engineer and one assistant engineer, or more, as
the City Council may determine, and the members of such
fire companies and hook and ladder companies as may from
time to time be organized, by authority of the City Council.
SEc. 2. The whole fire department shall be under the
command of the chief engineer. It shall be his duty to ex-
ercise a constant supervision over the fire department; he
shall have the general charge of the property of the city con-
nected with the fire department, and shall see that the same
is always kept in good repair and ready for immediate use.
He shall order and procure such repairs to be made upon the
engines or other fire apparatus,as may be necessary; but shall
not incur at any one time an expenditure exceeding fifty dol-
lars, without the consent of the Mayor. He shall have charge
of all the public cisterns, and shall see that the same are at
all times supplied with water, and in a proper condition for
use. He shall attend at all fires which may occur in the city;
and all orders given by hint at any fire to any assistant engi-
neer, company or fireman, shall be promptly •obeyed. It
shall be his special duty to see that the provisions of this or-
dinance are strictly enforced and obeyed. The duties re-
quired by this ordinance of the chief engineer shall, in his
absence or inability to act, be performed by the assistant en-
gineer highest in rank present. He shall snake report serni-
annually, in the months of January and July, or oftener, if
required, to the City Council, of the property of the city con -
REVISED CITY ORDINANCES. 151
nected with the fire department, _and the condition of the
same, and from time to time of such additions and improve-
ments as he may deem needful to preserve the efficiency of
the department, and such other hatters relating thereto as
may require the action of the Council. Ile shall certify to all
bills presented to the Council for expense incurred by his or-
der or consent. He shall make return to the City Council at
every regular session thereof of the names of all the officers
and members of companies belonging to the department,with
the date of admission of such as have become members since
his last report.
SEc. 3. It shall be the duty of the assistant engineers to
repair immediately to every fire that may occur in the city
. as soon as the alarm may be given; to obey all orders of the
chief engineer given to them or either of them while on fire
duty, and to assist him in the discharge of his duty as far as
possible. In case any assistant engineer shall be guilty of
disobedience, disrespect or other improper conduct, or neglect
of duty, it shall be the duty of the chief engineer to report
the salve to the Sity Council.
SEc. 4. The chief engineer and assistant engineers shall
be appointed by the City Council, and shall hold their offices
for the term of one year, and until their successors shall be
appointed and duly qualified, and shall receive for their ser-
vices such sums as the City Council shall allow,payable from
the city treasury.
SEC. 5. When on duty, the chief engineer and assistant
engineers shall each wear a white fire cap, with the name of
his office on the front. No cap of the salve color shall be
worn by any other fireman. The chief engineer and the as-
sistant engineers shall severally have power to command such
assistance from the inhabitants of the city for the suppression •
or extinguishing of fires, and for the preservation of property
exposed to fire, as may be required. They, or either of them,
152 REVISED CITY ORDINANCES.
shall have full power to suppress -all tumults and disorder at
fires; and the chief engineer, or assistant engineer in com-
mand, shall have power to order any company, fireman, or
other person, away from the neighborhood of said fire. • In
case any person shall refuse or neglect to render assistance as
above required, and shall not be excused by the engineer in
command, or shall refuse to obey any other lawful command
of the chief or an assistant engineer, or if such fireman or
other person should refuse or•neglect to depart when ordered
so to do as aforesaid, the fireman or other person in either
case so offending shall for each offence forfeit and pay a fine
of not exceeding twenty, or less than five dollars.
SEc. 6. The fire department shall continue as at present
organized, with such additional engines, hose, hook and lad-
der or bucket companies as may from time to time be needed;
but no fire company shall hereafter be established except by
authority of the City Council, and subject to all the provi-
sions of this ordinance.
SEc. 7. Each company in the fire department shall be un-
der the immediate command of a foreman and other officers
to be elected by the members of said company from their own
number. The foreman of such company shall have the spe-
cial charge of the property of the city to which his company
inay be attached. It shall be his duty to see that said prop-
erty is properly taken care of, and to report any deficiency,
defect or want of repair therein, as soon as known to him, to
the chief engineer. Each foreman and the company under
his command, unless excused or otherwise directed, shall pro-
ceed as soon as practicable, with their engines and apparatus,
to every fire that shall occur in the city, and shall proceed,
under such directions as may be given by the chief engineer,
or either of the assistant engineers, to locate their engine and
apparatus, and do all that may be necessary towards extin-
guishing the fire and the preservarion of property exposed to
REVISED CITY ORDINANCES. 153
fire, and shall not remove therefrom without permission of an
engineer, if any be present, and on such permission they
shall return their engines and fire apparatus to their respect-
ive places of deposit. If any company shall, without permis-
sion, leave any fire with their engine or apparatus, or shall
neglect to return the same as aforesaid, the chief engineer
shall report said company to the City Council, who shall take
such action as they may deem proper. No person shall be
admitted as a member of any company belonging to the fire
department who is not of the age of eighteen years or more.
SEc.8, No engine or other property belonging to the city,
connected with the fire department, shall be taken out of the
city, unless under such regulations as the chief engineer may
from time to time establish, nor shall more than two fire en-
gines leave the city at any one time. No engine or other
fire apparatus shall be applied to private uses, or be taken
from the house where it is usually kept, except in case of an
alarm of fire, or for practice, without permission of the chief
engineer, or of an assistant, if the chief is absent from the
city.
Sic. 9. No fire engine, hook and ladder truck, or hose or
bucket cart, shall, in going to or returning from any fire, or
at any other time, be run or drawn upon any sidewalk, ex-
cept by the special order of the chief, or an assistant engineer,
under a penalty of five dollars for each offence, to be forfeited
and paid by each and every person adjudged guilty of aiding
or assisting in such offence.
SEc. ro. No cards, dice, or other articles used for gaming,
shall be brought into or suffered to remain in any building
used as an engine house, nor shall any spirituous liquors be
used therein, and no such building shall be opened on Sun-
day, except in case of an alarm of fire.
Ste. rr. Any person who shall be convicted of insulting,
menacing, or wantonly interfering with any engineer or fire-
154 REVISED CITY ORDINANCES.
man, while on duty, or shall without authority give any or-
der to any engineer or fireman, while on duty, shall for each
offence forfeit and pay a fine of not less than five dollars.
SEc. 12. There shall be paid to each fire company, in
quarterly payments, in each year, for keeping clean their en-
gines, fire apparatus and houses, and for other expenses, ex-
cept repairs, such sum as the City Council may from time to
time determine.
SEC. 13. No person shall open or leave uncovered any of
the public cisterns, or take any water therefrom, except for
the purpose of extinguishing fires or washing fire apparatus,
under a penalty not exceeding ten dollars for each offence.
SEc. 14. The fire engines, hook and ladder trucks, hose
carts, hose, buckets, hooks and ladders, and other fire appa-
ratus, and the houses and lands used therefor, are and shall
be subject to the control and direction of the City Council,
and nothing herein contained shall divest the city of its pro-
perty, or in any manner impair its right at any time to take
possession of the same, or any portion thereof.
SEC. 15. No person, except by direction of the chief en-
gineer, or other officer in command at any fire, s1ia11 furnish,
sell or give to any fireman during the fire, any intoxicating
liquor of any kind, under a penalty of not less than five, nor
more than fifty dollars.
Szc. 16. It shall be the duty of the Marshal and Deputy
Marshal to repair immediately to every fire that may occur
in the city, as soon as the alarm inay be given, and they, or
either of them, may prescribe limits in the vicinity thereof,
within which no person not residing therein,or not connected
with the fire department, or usefully employed in extinguish-
ing the fire, shall be permitted to come, under a penalty of
five dollars; and they, or either of them, may appoint as pro-
perty guards, such a number of known and reputable citizens
REVISED CITY ORDINANCES. 155
'of the city as may be necessary to aid in the guarding, pro-
tecting and preserving of property at any fire; and the persons
so appointed shall have and possess the same powers as police
officers during the time they shall so act, and the Marshal
shall return a list of such persons to the City Council, and
they shall be entitled to receive such reasonable compensation
as the City Council may allow. .
SEc. 17. Whoever shall wilfully, maliciously, or negli-
gently break, deface, destroy, or in any manner injure any
fire -engine, or other fire apparatus belonging to the city, or
shall in any manner injure or interfere with any of the pub-
lic cisterns, or any platform constructed for the use of the
steam engine, or shall in any manner obstruct, or incumber
with lumber, wood or other material any passage -way to such
platforin,shall be fined not less than fro, nor more than Poo;
and the passage -way herein mentioned is declared to be the
space of ten feet on each side of the direct line from such
platform to the nearest point on the nearest street, in the vi-
cinity of such platform.
CHAPTER XXXti II.
AN ORDINANCE to define the Limits of the Fire Districts.
SEC. 1. Limits of Fire Districts. SEC. 5.
3. Frame Buildings prohibited.
3. Not to prohibit when less than G.
eight feet square. 7.
4. Wooden buildings not to be re-
moved. 8.
Damages to be determined by
three persons.
Violation of punished.
Establishing Lumber Yards in fire
limits prohibited.
Not to apply to yards already es-
tablished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION i. That all that part of the city lying within the
following limits is hereby denominated the fire district, viz:
Between the south line of lots fronting on the south side of
Jones street, on the south; the alley between White and Jack-
son streets on the east; the west line of the lots fronting on
the west side of Bluff street on the west; and Seventeelith
street on the north; and including the lots fronting on the
156 REVISED CITY ORDINANCES.
north side of said street,between said Bluff and White streets,
and all that portion of the city of Dubuque bounded on the
north, by Fourteenth street, on the south by Fifth street, on
the west by White street, and on the east by Washington
street.
SEC. 2. That no person shall hereafter erect, or place any
building, or part of a building, within the fire limits of the
city, unless all the outside walls thereof shall be built of
stone, brick, or other fire -proof material. And if any build-
ing, or part of a building, not made and constructed of stone,
brick, or other fire -proof material, shall be erected or placed
within the aforesaid prescribed limits, contrary to the provi-
sions of this ordinance, the owner or owners,builder or build-
ers,shall severally forfeit and pay the sum of fifty dollars; and
every building, or addition to any building, erected or placed
within said limits in violation of this ordinance, is declared a
nuisance, and shall immediately be abated by the City Mar-
shal.
Szc. 3. That nothing contained in the preceding section
shall prohibit the erection within the aforesaid prescribed
limits of any building of wood, which shall not be more than
eight feet square, nor of any wood house for keeping and
storing fire -wood, which shall not exceed twenty feet in
length, twelve in width and twelve in height; nor of any
barn which shall not exceed twenty-four feet in length, six-
teen in width, and not more than twelve feet in height from
the surface of the earth to the roof: Provided, Such small
buildings, or wood house or barn, shall not be made to front
upon any street ; and the City Council may, by special per-
mit, authorize the erection of any frame buildings within the
limits aforesaid, on application in writing being made and
signed by the owners of not less than two-thirds of the block
upon which such building or addition is to be erected or
placed.
SEc. 4. No wooden building, or part of any wooden build -
REVISED CITY ORDINANCES. 157
ing, within the fire limits, shall be raised or enlarged ; nor
shall any such wooden building, or part of any wooden build-
ing, within the fire limits, be removed to any other place
within the same ; nor shall any such building, or part of
building, be removed into the fire limits from without the
saine ; nor shall any wooden building within the fire limits,
which may become damaged to the extent of fifty per cent.
of the value thereof, by fire or other casualty, be repaired or
rebuilt ; nor shall any such building, when the damage there-
to is less than fifty per cent. of its value, be so repaired as to
be raised higher than the highest point left standing after
such damage shall have occurred, or so as to occupy a greater
space than before the injury thereto.
SEc. 5. The amount of, or extent of, damage that may be
done to any building, inay be determined by three disinter-
ested persons, residents of the city, one of whom shall be
chosen by the owner of the building, the second by the May-
or, and the two so chosen shall select the third, and if the
owner refuse to make a selection, the Mayor may select for
him, and the decision of the persons so chosen shall be final
and conclusive.
SEc. 6. That any owner or builder, or other person who
shall own, build, or aid in the erection, raising, enlarging, or
repairing, or removing of any building within the fire limits,
contrary to the provisions hereof, shall be subject to a penalty
of not less than twenty-five, nor more than one hundred dol-
lars, and every such building so erected, raised, enlarged, re-
paired or removed, shall be deemed a nuisance, and the
Marshal may, when directed by the City Council, abate the
same.
SEc. 7. That no person shall keep or establish a Lumber
Yard, for the deposit of lumber, within the fife limits of this
City, except by special permit of the City Council, on appli-
cation in writing, signed by the owners of two-thirds of the
property in the block in which such lumber yard is situated
158 REVISED CITY ORDINANCES.
and any person who shall violate the provisions of this sec-
tion, shall forfeit and pay a fine of not less than ten' dollars
nor more than one hundred dollars for the first offence; if the
yard is continued in violation of this section for the space of
six days after the first fine, it shall be a second offence, for
which the party shall be fined not less than twenty-five nor
more than one hundred dollars ; and each subsequent con-
tinuance of the lumber yard for six days shall be another
offence, for which the party offending shall be fined not less
than twenty-five dollars.
SEc. 8. This ordinance shall not apply to persons who
now have lumber yards within the fire limits, provided such
yards have been established for the space of three months
next prior to the passage of this ordinance.
CHAPTER XXXVIII.
AN ORDINANCE relating to Gunpowder.
SEC. 1. Powder not to be kept in city. SEC. 3. To be removed in case of fire.
2 Dealers not to keep more than 4. Marshal to examine premises.
501bs. 5. Permit not to be given drunkards.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. No person (excel;t persons keeping not ex-
ceeding two pounds for their own use), shall keep, sell, or de-
liver gunpowder within the city, in any quantity, without a
written permit from the city, signed by the Mayor and attest-
ed by the Recorder under the seal of the city, under a penal-
ty of twenty dollars.
SEc. 2. No person to whom any permit shall he granted
to keep or sell gunpowder, shall deposit or keep in store ex-
ceeding fifty pounds of gunpowder within the city, unless the
same be kept in a warehouse or other building situated at
least three hundred feet from any other building, nor shall
he, at his place of business, or elsewhere within the city, sell
or deliver any gunpowder, camphene, or other like explosive
REVISED CITY ORDINANCES. 159
substance or liquid, by any fire, candle, or lamp -light, unless
in sealed cans, canisters, or cases, under a penalty of not
less than five, nor more than twenty dollars for each offence.
SEC. 3. Any person keeping gunpowder in any building,
shall, in case of such building taking fire, or being in danger
of taking fire from any burning building near or _adjacent
thereto, immediately cause such gunpowder to be removed;
and in case he shall be unable to remove the same, he shall
forthwith notify the officer in command at such fire, of the
location and quantity of such gunpowder, and for a failure to
comply with the requirements of this section,he shall be sub-
ject to a penalty of not less than twenty-five, nor more than
one hundred dollars.
Szc. 4. If it shall come to the knowledge of the Mayor,or
he has good reason to believe, that any person keeps, or has
on hand a greater quantity of gunpowder than is authorized
herein, or any quantity whatever, in violation of the provi-
sions hereof, he shall direct the Marshal to examine the pre-
mises of such person, and if gunpowder be found therein
kept in violation of this ordinance, the Marshal shall remove
the whole thereof, and the permit of such person, if he have
one, shall be forfeited; and the Marshal shall have power to
enter any building or premises, or any part thereof, for the
purpose of enforcing the requirements of this section.
SEC. 5. No permit shall be granted to any notoriously in-
temperate or imprudent person; and all permits granted un-
der the provisions thereof, shall expire on the last day of
March, in each year:
160 REVISED CITY ORDINANCES.
CHAPTER XXXIX.
AN ORDINANCE in relation to the manufacture and stor-
age of inflammable oils and substances.
Sac. 1. Not to manufacture in city. SEC. 3. Violation punished.
2. Not to keep over five barrels.
Be it Ordained by the City Uouuei1 of the City of Dubuque:
SE;cTroN r. No person, company, or corporation, shall
manufacture or carry on, or continue any manufactory or
establishment for the purpose of making, producing, refin-
ing, distilling, or in any manner generating coal or earth oil,
petroleum, kerosene; gasolene, carbon oil, benzine, benzole,
naptha, camphene, burning fluid, coal oils, or other easily
inflammable substance, within the fire limits of this city; nor
shall any of said acts be done, continued or carried on outside
of the fire limits and within the city limits without the prior
consent of the City Council.
SEC. 2. No merchant, dealer, painter, or other person,
company or corporation shall, within the fire limits of the
city, keep on hand in any store, building, cellar, or other
place within said fire limits, a greater quantity of camphene,
benzine, benzole, kerosene, naphtha, or other coal oils, or
other easily inflammable burning fluid, than one barrel, not
exceeding forty-five gallons of each at any one time, not ex-
ceeding five barrels in all; and benzine, benzole, or naphtha
kept for retail shall be sold by daylight only, and shall be
kept in a tin can or other metallic vessel ; Provided, That
any dealer, merchant, or other person, if he keeps none of
the other oils or inflammable substances named or referred
to in this ordinance, may keep five barrels of kerosene, or
two of benzine, or two of any other kind, not exceeding five
in all, and it retailed, it shall be from tin cans or other metal
cases. Provided, also, that kerosene may be retailed by gas-
light. Outside of said fire limits, no such person, company
or corporation shall keep any of said articles other than as
above'providecl, without the consent of the City Council.
REVISED CITY ORDINANCES. 161
SEc. 3. Whoever violates any of the provisions of this
ordinance shall be gttilty.of a misdemeanor and shall be fined
not less than five, nor more than fifty dollars for each offence;
and every day that any of the said articles or substances are
trade, kept or stored contrary to this ordinance, shall be
deemed a new and distinct offence.
CHAPTER XL.
AN ORDINANCE to prevent Fires.
Sec. 1. Stovepipes regulated. Sac. 3. Straw or Hay stacked in city.
2. Not to burn shavings or straw. 4. Rendering of lard or grease.
Be it Ordained by the City Council of the City of Dubuque:
SEcTroN I. That no person shall pass any stove pipe, or
flue, through any roof, partition or side of any house in the
city of Dubuque, unless it is sufficiently surrounded by brick,
stone, or other incombustible substance, so as to be at least
three inches removed from any wood or combustible, and all
chimneys and stove pipes shall in all cases extend at least
two and a half feet beyond the roof or side of the house
through which it passes, but no pipe shall project into any
street.
SEC. 2. That no persons shall set fire to or burn any shav-
ings, straw, or other conibustible materials, in any street or
lot in said city, within twenty feet of any building.
SEc. 3. That no person shall stack more.than one ton of
hay or straw, in any lot of said city, within one hundred feet
of any building, and any -person violating any of the forego-
ing provisions of this ordinance, shall forfeit and pay any
sum not less than five dollars for each offence, to be recovered
before a court having jurisdiction, with costs.
SEc. 4. That no person shall use any building for trying,
or for rendering lard or grease, or boiling oil or varnish, if
such building shall stand within one hundred feet of any
162 REVISED CITY ORDINANCES.
other building, unless such buildings are secured from fire by
a brick, stone or ground floor, and no wood work within ten
feet of the fires, unless it be the ceiling over head, and in
case it shall come within ten feet, it shall be covered with
iron, zinc, or tin, and any person who shall violate the pro-
visions of this section, shall forfeit and pay any sum not less
than twenty dollars for each day's continuance of the use of
such building for the purposes aforesaid, to be recovered be-
fore any court having jurisdiction, with costs.
CHAPTER XLI.
AN ORDINANCE to prevent the erection of dangerous
buildings and walls.
SEC. 1. Doors.
2. Stairs.
3. Theatres.
4. Duty of city engineer.
5. Penalty $25 to $100.
6. Party walls of brick.
7. Foundations.
3. Thickness of walls.
0. Thickness of upper walls.
10. Thickness for public buildings.
11. Thickness of brick walls.
12. Fire proof partition walls.
•
SEC. 13. Heading course.
14. Wooden columns for store fronts.
1.5. Roof trusses of wood.
16. No winding stairs allowed.
17. Chimneys and flues.
18. Penalty ten dollars.
1.0. Chimney not to be built in any
loft.
20. Public buildings changed in nine-
ty days.
21. Plans flied with engineer.
22. Not retrospective on dwellings.
Belt Ordained by the City Council. of the City of Dubuque:
SEc'rION r. That the doors of churches, theatres, public
school houses, colleges, court houses, and all other public
buildings in the city of Dubuque, except stores, shall be so
constructed as to open outwardly, and to furnish an easy
egress from the salve, in case of alarm from fire or other
cause.
SEc. 2. That all winding stairs in any building in the
preceding section described, are hereby declared to be a
nuisance, and subject to abatement as other nuisances. The
aisles in all such buildings shall be kept open and unob-
structed, and the use of all reasonable precautions to prevent
accident shall be adopted.
Sue. 3. That in all theatres and other places of public
amusement, the dressing room shall be separated from the
REVISED CITY ORDINANCES. 163
stage by fire -proof doors, and the stage separated from the
auditorium by a fire -proof drop curtain, capable of being
lowered instantly; and enough water shall be kept between
the flies to flood the stage floors at a moment's warning; and
a fireman shall be stationed in each of said buildings when
an audience is within the same.
Sic. 4 It is hereby made the duty of the City Engineer,
unless another person be 'appointed by the City Council for
the purpose, to inspect the buildings last above mentioned,
once in every three months, and to report to the City Council
any defect therein, or any want of conformity to the last
section; and it shall thereupon become the duty of the City
Council, if said report shall be deemed by theln well founded,
to notify the owners or tenants of any such building, to make
the same conform to said requirements; and if such owner or
tenant shall fail to do so within a reasonable time, said Coun-
cil may declare the same to be a nuisance, and direct the City
Marshal to close the building against the public use of the
same; and it is hereby made the duty of the City Marshal, on
receiving such direction from the Council, to carry out said
order.
SEc. g. If any person, whether owner or tenant of such
building, shall occupy the same for public entertainment
after such notice shall have been given, he shall be declared
guilty of a misdemeanor, and on conviction shall pay a fine
of not less than twenty-five dollars, nor more than one hun-
dred dollars, and costs.
SEc. 6. No buildings of any kind or description shall be
erected or constructed within the fire limits, as described in
the City Ordinances, unless the outside and the party walls
thereof shall be composed of brick, ;or other incombustible
material, without the consent of two-thirds of the whole
Council, and two-thirds of the property -owners of the block
upon which such building is to be erected.
164 REVISED CITY ORDINANCES.
SEC. 7. Foundations for all buildings, where foundations
are necessary, shall be as follows: The trenches to be dug down
at least four feet below the surface of the ground, to secure the
walls against the effect of frost; foundations always to be dug
down for evey kind of public or private building, erected of
stone, brick, iron, or other composition building material, to
an equal soil of sand, gravel, hard clay or rock, and to be
carefully examined before commencing building. If no
equal soil can be found, concrete foundation to sufficient
width and depth to be inserted, especially on churches, thea-
tres, public and heavy factory and storage buildings.
SEc. 8. The thickness of foundation walls of all Public,
Church, Theatre, Factory, Store and Storage buildings,
over twenty-four feet high, shall have two to three footing
courses from twelve to fourteen inches thick, each, and the
first course to be built of large flat stones, to be not less than
four feet wide; on buildings three to five stories high, not
less than five to six feet wide; said footing courses to project
equally on, in, and outside beyond the upper. walls; footing
.courses for partition walls on such buildings, not to be less
than three feet six inches wide; footing courses for two-story
buildings, not to be less than three feet wide, fourteen inches
thick; for one and a half story high .dwellings, two feet six
inches.
SEc. 9. The upper walls to level of ground, or first floor,
to be in proportion to the height of stories or buildings, as
follows: For two-story building, two feet; three-story build-
ings, three feet; four-story buildings, three feet six inches;
five -story buildings,four feet; and so on; upper or cellar walls
on two-story dwellings to be two feet thick, partition walls
twenty inches; on one and one-half story buildings, upper
walls to be twenty inches thick, partition walls eighteen in-
ches thick; foundations for inside wood, brick or iron pillars
to be of sufficient width and depth to secure sextuple security
for superstructure.
REVISED CITY ORDINANCES. 165
SBc. r0. The thickness of walls on stone buildings to be
as follows: Stone walls for Churches,Theatres,and all build-
ings named in section eight (8) of this ordinance, over thirty
(3o) feet high, .to be three (3) feet thick, with difference of
sets to two (2) feet and eighteen (18) inches. Walls for two
(2) story buildings and dwellings to be twenty-four (24) to
twenty (2o) inches thick. Walls for one (r) story dwellings
to be eighteen (r8) inches thick.
SEC. II. The thickness of brick walls to be as follows:
All brick buildings above the basement, which shall be more
than two (2) stories high, the outside wall of the first story
shall not be less than sixteen (r6) inches thick. If four (4)
and five (5) stories high, the first story walls to be at least
twenty (2o) inches thick; second, not less than sixteen (r6)
inches; third, not less than twelve (r2) inches; fourth, not
less than eight (8) inches thick, and with the exception of
the front walls shall extend at least twelve (r2) inches abore
the roof. Inside partitions of stone and brick buildings,built
of brick, to be from twenty (2o) to eight inches thick, to al-
low triple security for superimposed weights: Provided, That
buildings_ erected and used as dwellings only,_may be con-
structed with walls in all cases, four (4) inches less than is
hereby above specified for public buildings, and, Provided,
further, That any building, cottage or barn, one story in
height, may be built with walls not less than eight (8) inches
thick; and that frame buildings of one (I) story, not exceed-
ing sixteen (16) feet in height, with walls resting on wooden
sills, placed not to exceed one (r) foot above the ground, to
be lined with brick four (4) inches thick on the outside.
SEc. 12. That every building hereafter erected, in which
partition walls, supporting floor beams, columns, etc., inay be
required, except Churches, Theatres, or other public buildings
heretofore named in this ordinance, shall have one or more
stone, brick or fire -proof partition walls, which,when built of
stone or brick, inay be four (4) inches less in thickness than
166 REVISED CITY ORDINANCES.
outside wall, as first above specified: Provided, They are not
more than fifty (5o) feet in height; or, in place of walls, there
shall be brick piers, iron or wood columns, with girders and
joists sufficient to carry their superimposed weights, allowing
quadruple security. In all buildings over twenty-five (25) feet
in width,and not having either brick or stone partition walls,
or girders supported by columns or piers, the walls shall be
increased an additional four (4) inches in thickness for every
additional eight (8) feet in width of said building, or any por-
tion thereof.
S> c, 13. In every brick wall at least every fifth course
shall be a heading course, except where walls are faced with
pressed brick, in which case every fifth course shall be bound•
into the backing by cutting the coarse of the face brick, and
putting in diagonal headers beh: _3 the same, or by putting
in iron strips straight or in S form. In all the walls that are
faced with their ashler anchored to the backing, or in which
the ashler has not either alternate headers and stretchers in
each course, or alternate heading and stretching courses, the
backing of brick shall be not less than twelve (r2) inches
thick. The backing in all walls,of whatever material it may
be composed, shall be of such thickness to make the walls,
independent of facing, conform as to the thiclness with the
requirements of this ordinance. The fall thickness of iron
fronts shall be filled in with brick work. All trimmers for
stair holes,around chimneys and windows, and other openings,
shall be double thick; joists for store, church, and other pub-
lic buildings, as described in this ordinance, not to be placed
more than twelve (12) inches from centres.
Sc.r14. In wooden columns, to be used for store fronts,
or any other building higher than one (r) story, public build-
ings, churches, stores, storage buildings, school houses, and
court houses, to be well anchored. to each tier of joist, every
pillar to be well secured. Anchors and through bolts to be
of the best wrought iron.
REVISED CITY ORDINANCES. 167
SEC. 15. All roof trusses constructed of wood to be well
bolted and braced, plans to be submitted for examination •
All iron, roof and truss, and girder constructions to be of the
best cast iron; supporting bolts of best wrought iron of suffi-
cient thickness to carry the weights of the roofs, or their su-
peringrossed weights, allowing sextuple security.
S1ac. 16. No winding stairways will be allowed to be put
up in any public building or buildings,or in any other build-
ings where rooms or halls are used for public purposes. Ev-
ery public building shall have at least two (2) main stair -
flights leading to each story, not less than five (5) feet wide,
built on strong stringers, or constructed of iron having
strong railings. Stairs from upper stories downward, to in-
crease in width at least one (i) foot for each story. Every
public building tohave at least two (2) main entrances, and
one or two rear doors, which in all cases are to open outward.
Main doors not to be less than five (5) feet wide.
SEC. 17. No chimney shall be built with less than four (4)
inches thickness of brick or stone wall, completely imbedded
in lime mortar, and all the joints filled with mortar. No flue
shall in any case be less than six (6) by eleven (ii) inches,
and if intended for two full stories, not less than six (6) by
sixteen (16) inches; and for three stories or more,not less than
six (6) by twenty-two (22) inches. Holes for stove -pipes shall
have a sheet -iron thimble or other fire -proof material inserted
into the chimney, imbedded in mortar, and a tin or sheet -iron
stopper, with a flange at least one (i) inch wide, outside of
the brick. Every person who shall build,or cause to be built,
a chimney contrary to this section, shall, for every such off-
ence, forfeit and pay the sum of ten ($ro.00) dollars,, and ev-
ery owner of any chimney that shall be built contrary to this
section, shall cause the same to be altered within ten days
after notice shall be given by the City Engineer so to do, or
forfeit the sum of ten ($ro.00) dollars, and also ten ($ro.00)
168 REVISED CITY ORDINANCES.
dollars for every month thereafter, so long as said chimney
shall remain unaltered.
SEc. 18. That no person shall build, or cause to be built,
a chimney resting upon any part of the building liable to set-
tle, unless such foundation is permanently constructed
and secured with the rafters where the chimney passes
through the roof, so that the whole may settle together,
under penalty of ten ($Io.00) dollars for every such offence,
and a further sum of ten ($Io.00) dollars for every week it
shall remain, after notice given by the City Engineer to alter
the same.
SEc. 19. That no chimney shall be commenced in any
loft, unless there are fixed stairs leading to the same, easy of
access at all times; and no stove pipe shall pass through more
than one cieling before entering a chimney, under penalty of
ten ($Io.00) dollars for each offence, and a further sum of two
($2.00) dollars for each week either shall remain after notice
shall be given by the City Engineer to alter the same. Stove
pipes shall not be less than four (q.) inches from any wood or
other combustible material, unless there is a double circle of
tin connected together, and air holes through the connecting
tin, between said pipe and the combustible substance, under
the penalties of three ($3) dollars, and the further sum of one
($I) dollar, for every three (3) days it shall remain, after
notice from the City Engineer to alter the same.
SEC. 2o. And be it further ordained, that the doors, stair-
ways, and other entrances of all public buildings heretofore
constructed, as also the staging of theatres now in existenc,
shall within ninety (9o) days from the passage cf this ordi-
nance, be made to conform to the provisions thereof. And
that on and after the expiration of said ninety (9o) days, that
such building be closed against public assemblies, till the
same shall be made to conform thereto; and that each and
every person having control of such building or buildings,
who shall open or attempt to open such building or buildings
REVISED CITY ORDINANCES. 169
to the use of the public assemblies, shall be fined in any sum
not exceeding one hundred ($roo) dollars.
SEc. 21. That the plans and specifications of all the build-
ing improvements in this ordinance provided for, shall first
be filed in the office of the City Engineer, to be examined by
him, or some person to be appinted by the City Council; and
if said plans and specifications be found to comply with the
requirements of this ordinance, then, that said City Engin-
eer, or other person appointed by the City Council as afore-
said, shall certify to the correctness of said plans and specifi-
cations, which certificate shall be signed by the Mayor, and
given to the party applying therefor.
SEC. 22. This ordinance shall not be' so construed as to
have reference to any dwellings or stores now erected, or in
course of erection.
CHAPTER XI,II.
AN ORDINANCE to regulate Ferries.
SEC. 1. Ferry boats must get license. SEC. 2. Acting without punished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That any person who shall establish and
maintain a ferry for the conveyance of freight or passengers
from any point within the limits of the City of Dubuque to
the opposite hank of the Mississippi river, or shall use any
boat or boats of any kind or description for ferry purposes,
within said limits,without being duly authorized by a license
from the City Council, shall be subject to a fine of not less
than thirty dollars, with costs of prosecution, for each trip
made by such ferry boat.
SEc. 2. That any person who shall act as agent for the
owner of any boat or barge of any description used for ferry
-purposes, in violation of the preceding section, or who shall
receive for the purpose of transportation from any point within
the limits of the City of Dubuque to the opposite bank of the
170 REVISED CITY ORDINANCES.
Mississippi river, upon any boat or barge not duly licensed to
run as a ferry boat, in or from the said city, any freight of
any description whatever, shall be subject to a fine of not less
than ten dollars fer each offence, with costs of prosecution.
CHAPTER XI,III.
AN ORDINANCE to prevent Nuisances.
SEC. 1. Slaughtering in city. SEC. 6. Nuisance to be removed at ex-
2. Carcass of animals. pense of.
3. Cellars, vaults and drains 7. Offal, filth or manure.
4. Soap factory and butcher shops. 8. Privy vaults must be twelve feet
5. Power of Mayor. deep.
9. Less than twelve feet a nuisance.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That no person shall slaughter any cattle,
sheep, calves or swine, or erect, construct, alter or use any
building for the purpose of slaughtering therein, within that
part of the City contained within the limits of the City of
Dubuque. No person shall occupy or use for slaughtering or
for purposes connected therewith, any building not now used
for such purpose within the present limits of the city, with-
out permission of the City Council. Whenever any building
now used, or which hereafter may be used for such purposes,
shall be deemed by them a nuisance, the City Council may
order the removal or disuse of the same, and may restrict the
location of buildings for such use to prescribed limits, or
totally prohibit the same within the city. Any person who
shall violate any provision of this section, or who shall
refuse to remove or discontinue the use of any building for
the purpose of slaughtering, when so ordered by the City
Council, due notice of such order having been given, shall be
subject to a fine of not less than five dollars, or more than
fifty dollars for each offence.
SEc. 2. No person shall cast or leave exposed in any street,
alley, lot, common, or water -course within the city, the car-
cass of any animal, or any putrid or unsound meat, fish or
other substance, or make, use, keep, or permit, in his, her or
REVISED CITY ORDINANCES. 171
their dwelling house, shop, store, factory, out -house, cellar,
yard, lot, or any other place within the city, any noisome or
offensive liquid, or substance prejudicial to the health of the
citizens, or an annoyance to the neighborhood, or throw any
filth, manure, offal, or other offensive matter, into any street,
alley, lot or watercourse in the city, and any person who
shall violate any provision of this section, or who shall re-
fuse or neglect to remove, on being duly notified by the City
Marshal, any offensive substance made, used, or kept by such
person, shall be subject to a fine of not less than one dollar
for each offence, and for every day that such nuisance shall
remain after such notice.
SEc. 3. If any person shall suffer or permit any cellar,
vault, private drain, pool, privy, sewer or rounds, upon any
premises owned or occupied by him, to become nauseous,.
foul, offensive, or injurious to the public health, he shall be
subject to a fine of not less than one dollar, or more than
twenty dollars for each offence, and to a like fine for every
day such nuisance shall continue after notice to remove or
abate the same.
SEC. 4. Any owner or occupant of any soap factory, can-
dle factory, butcher's shop, meat packing house, livery stable
or barn, who shall suffer the same to become nauseous, foul,
or offensive, shall be fined not less than one dollar, or more
than twenty dollars for each offence.
SEc. 5. The Mayor or City Marshal shall have full autho-
rity to enter into and examine, at any time between sunrise
and sunset of each day, any building or part;:thereof or any
lot or ground, which they may know or believe to be foul,
offensive or prejudicial to the public! health, and they may
direct the cleansing of the same and the removal of all nuis-
ances in and about the premises by the owner or occupant
thereof; and any person who shall resist or obstruct such offi-
cer in his duty, or shall neglect or refuse to remove any such
172 REMISED CITY ORDINANCES.
nuisance, when so directed, shall be subject to a fine of not
less than five, nor more than twenty dollars for each offence.
SEc. 6. If at any time it shall become necessary, in con-
sequence of the neglect or refusal of any person, to remove or
abate any nuisance, that the same shall be removed or abated
at the expense of the city, the cost of such removal or abate-
ment shall be chargeable to the person who shall cause such
nuisance, or permit the same upon his premises, and shall be
collected by suit or otherwise, with as little delay as possible.
SEc. 7. That if any person shall permit or allow any offal,
filth, manure, or offensive matter of any kind, to accumulate
or remain on that portion of any street or alley abutting on
the front or rear of the premises owned or occupied by him,
and shall not remove the same within five hours after being
notified by the Marshal so to do, he shall be subject to a fine
of not less than one nor more than twenty-five dollars.
SEc. 8. That no privy vault shall be erected hereafter
within the limits of the city unless the vault to the same be
twelve feet deep.
SEC. g. Any privy vault erected without a vault of the
depth aforesaid, shall be deemed a nuisance, which may be
summarily removed by the City Marshal, and any person
erecting, keeping or maintaining the same shall pay a penal-
ty of five dollars for each day's maintenance of the salve.
CHAPTER XLIV.
AN ORDINANCE to enforce the observance of the Sabbath.
SEC.1. Sabbath observance. SEC. 3. No exhibition of shows.
2. Not to play billiards.
Be it Ordained by the Cty Council of the City of Dubuque:
SECTION I. That any person who shall offend against the
firstsection of an act of the State of Iowa, entitled "An act
for the observance of the Sabbath," passed January rgth,
REVISED CITY ORDINANCES. 173
.1855, shall be subject to a fine of not less than five dollars for
each offence.
S>~c. 2. That any person or persons, who shall permit in
or upon any premises occupied by him, her or them, the use
of any pin alley, or the playing of any game of billiards,
cards, dice, bagatelle, or other game of skill or chance, on
the Sabbath, and any person who shall participate therein,
shall be subject to a fine of not less than 'five, nor more than
twenty dollars.
SEC. 3. That no license issued under any ordinance of the
city shall authorize any show, exbibition, or other public
amusement on the Sabbath, and any person who shall either
as proprietor, keeper or agent be engaged in any such show
or exhibition, or who shall take part in any such amusement
on that day, shall be subject to a fine of not less than five nor
more than twenty dollars for each offence.
CHAPTER XLV.
AN ORDINANCE to restrain Gaming.
SEC. 1. Gaming punished. SEC. 2. Keeping room punished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That any person who shall play for money or
other valuable thing, at any game with cards, dice, checks,
or at billiards, or any other article, or instrument, thing or
things, whatsoever, which can or may be used for the pur-
pose of playing or betting upon, or winning or losing -
money or any other thing or article of value, and any person
who shall bet on any game others may be playing, shall,
upon conviction thereof, be fined not less than five, nor more
than fifty dollars for each offence, with costs of prosecution.
SEc. 2. That any person or persons who shall keep a
house or room for the purpose of gaining therein, or who
174 REVISED CITY ORDINANCES.
shall suffer or permit other persons to frequent or remain in
any house or room kept, owned, occupied or controlled by
him for the purpose of gaming therein, shall, upon convic-
tion thereof, be fined not less than ten, nor more than fifty
dollars for each offence, with costs of prosecution.
CHAPTER XLVI.
AN ORDINANCE to secure the health of the city —Appoin-
ting a Board of Health.
SEC. 1. Board of Health constituted un- SEC. 7.
der chapter 151, laws of the 6.
Eighteeth General Assembly. A.
2. To exercise a general supervision. 10.
S. To provide a hospital. 11.
4. Physician to report. 12.
5. Marshal to obey Board. Li.
6. City hospital. 11.
Health officer.
Duty of Health officers.
Neglect of duty punished
Inspection of boats.
Boats forbidden to land.
Ferry boats.
Rafts, skiffs or yawls.
Use of Hospital.
Be it O,dained by the City Council of the City of Dubuque :
SECTION I. That the Mayor. and Council of the city of
Dubuque be, and the same are hereby constituted, a Board of
Health, in accordance with the provisions of Chapter 151,
Acts of the Eighteenth General Assembly of the State of
Iowa, and the provisions of said act, so far as the same are
applicable, are hereby adopted and approved for the govern-
ment of said Board.
That all ordinances and parts of ordinances, inconsistent
with this ordinance and said Act of the General Assembly,
so far as the same is applicable, be and the salve are hereby
repealed, except chapter forty of the Revised Ordinances, en-
titled, "An Ordinance to prevent Nuisances;" also an act
amendatory thereof, passed May 6th, 1869; "An Ordinance
to prevent Nuisances," passed November 9th, rg76; and such
other ordinances as relate to nuisances and the prevention
thereof, as may be in force in said city.
SFc. 2. Said Board of Health shall exercise a general
supervision over the City of Dubuque, with full power to
take all Steps and use all means to promote the cleanliness
REVISED CITY ORDINANCES. 175
and salubrity thereof ; to abate nuisances of every description
on both public and private property; to adopt such measures
as they may deem proper to prevent the introduction or
spreading of 'malignant, contagious or infectious diseases ;
and to remove or otherwise dispose of any person attacked by
any such disease ; and any person who shall neglect or refuse
to obey anyplawful order of said Board, shall be liable to a
fine of not less than five nor more than one hundred dollars.
SEc. 3. Whenever any contagious disease shall break out
or be found to infest the city, it shall be the duty of said
Board to provide a hospital or place for the reception of all
persons infected with such disease, and remove all such per-
sons to such hospital without delay as can be removed, and
also to provide, at the expense of.the city, all necessary com-
forts and medical aid for the inmates of the hospital, and for
this purpose the said Board may command the services of the
County Physician, and also employ such other medical aid
as they may deem necessary, and also employ such nurses,
cooks and other help as may be necessary for the proper po-
lice of such hospital, but if such person refuse to be removed,
or if his or her condition be such that in the opinion of the
Board removal would be attended with danger, said Board
shall take such measures as they may deem advisable to pre-
vent the spread of the contagion or infection, and to cause
the diseased person to receive proper and humane treatment.
But in all cases where the infected person refuses to go, or
cannot be taken to the hospital, such Board shall cause suit-
able notices, with the name or character of the disease print-
ed or written in large letters thereon, to be posted up in the
most conspicuous place on or near the place of abode of such
infected person, and require the occupants thereof to main-
tain such notices there until said Board may discontinue the
same ; and any person who shall tear down or destroy such
notices shall be fined in any sum not less than ten nor more
than one hundred dollars.
176 REVISED CITY ORDINANCES.
SEC. ¢. That each and every physician who may be called -
upon to attend any case of small pox, cholera, or other con-
tagious disease, or shall at any time hereafter, attend any
such case, shall within twenty-four hours after first seeing any
such case, report the same to the Mayor of the city, pr some
member of the Board of Health, stating the house or loca-
tion where such case exists, in order that precautionary
measures may be taken to protect the community against the
spread of any such disease ; and any physician attending
upon any such case, within the city limits, who shall negleet
or refuse to report the same as herein provided, shall be sub-
ject to a fine of not less than ten nor more than one hundred
dollars.
SEC. g. It shall be the Iuty of the -Marshal, his deputy,
and the Street Commissioner, to obey and perform implicitly
every order, regulation and direction of said. Board in all
matters pertaining to the duties of said Board, and in any
matter relating to the health of the city.
Ste: 6. That the Mayor and health officers are hereby
authorized and empowered to select and rent a piece of ground
on the bank of the Mississippi river, at a point not to exceed
three miles below said city, for the purpose of erecting there-
on a city hospital, for the uses and purposes hereinafter men-
tioned.
SEc. 7. That a health officer of said city, to be selected
and appointed by said Council, or a committee thereof, shall
be stationed'at said hospital to be erected as aforesaid, durin g
the pleasure of the City Council, whose duty it shall be to
hail or signal any and every steamboat bound upward on said
river, and to board the same, and examine the sanitary con-
dition of the passengers, officers and crew of such boat, and
ascertain whether there is any case of cholera, small pox, or
yellow fever, or premonitory sytnptoms.of cholera, small pox
or yellow fever on board said boat.
REVISED CITY ORDINANCES.
177
SEC. 8. It shall be duty of said health officer to make the
examination aforesaid, and in case he shall find cholera,
small pox or yellow fever, or symptoms of cholera, small pox
or yellow fever, on board such boat, to warn the officers
thereof not to make a landing at the City of Dubuque;
and in case he shall find no such cholera, or symptoms thereof,
on such boat,to give the captain or other officer commanding
the same a certificate, to that effect.
SEc. 9. That any health officer selected and appointed as
aforesaid, who shall neglect his duty and permit any boat to
pass without inspection and examination as aforesaid, when
in his power to make such examination, or who shall know-
ingly make any false report, and give a certificate that there
is no cholera or symptoms thereof on board such boat, when
in truth and in fact such cholera or symptoms do exist on
such boat, shall be fined not less than one hundred dollars for
every such neglect of duty or misfeasance in office, to be
collected by suit in any court having jurisdiction thereof.
SEC. io. That any boat that shall land at the City of Du-
buque on an upward bound voyage, without having submitted
to the inspection and examination of such health officer as
aforesaid, or that shall land at said city after having been
examined, without a certificate of said health officer that
there was not at the time of such examination any cholera or
symptoms thereof on board such boat, shall be fined in the
snm of two, thousand dollars for every such offence, to be
collected by process of attachment.
SEC. rr. That any steamboat on a downward voyage on
such river, which shall land at the City of Dubuque, having
on board any case or cases of cholera, shall be fined for each
offence the like sum of two thousand dollars, to be collected
as provided in the tenth section hereof.
SEC. 12 That any ferry boat which shall land at said City
of Dubuque, from the opposite side of said river, having on
178
REVISED CITY ORDINANCES.
board any case of cholera, shall be fined for every such offence
the sum of five hundred dollars, to be collected' as provided
for in section ten hereof.
Sue. 13. That any person or persons who shall bring into
the City of Dubuque, by a barge, raft, skiff, yawl or any other
mode of conveyance, by land or water, any person having
the cholera, knowing at the time that said person so brought
into said city is infected with cholera, shall be fined in the
sum of one hundred dollars, and be imprisoned for thirty
days, or until such fine shall be paid.
SEC.- 14. That the hospital to be erected as aforesaid, shall
be for the reception of any and all cholera patients found
aboard of any boat examined as aforesaid, and it shall be the
duty of such health officer to attend ' the same, to furnish
medicines and the attendance of a physician for such patients,
and his services shall be paid for at a rate to be fixed by the
City Council.
CHAPTER XLVII.
AN ORDINANCE to guard against the running away of
horses or teams, and to provide for the hitching of the
same.
SEC. 1. Horses should be bitched. SEC. 2. Horses running away punished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That it shall be unlawful for any person or
persons, to allow a horse or horses, with a carriage or other
vehicle attached thereto, to stand on Main street, unless the
same shall be attended by some person competent to prevent
the same from running away,unless;the same shall be properly
hitched.
SEC. 2. That any person whose team or horse shall run
away, in violation of this ordinance, shall be liable to a fine
of not more than firty dollars, in the discretion of the court,
REVISED CITY ORDINANCES. 179
and to pay any person injured or aggrieved by such runaway,
damages not exceeding one hundred dollars, under this ordi-
nance.
CHAPTER XLVIII.
AN ORDINANCE to provide for summoning juries.
SEC. 1. Summoning juries. SEC. 2. Compensation or.
Be it O'ddined by the City Council of the City of Dubuque:
SECTION 1. That if any person not specially exempt from
such service by law, shall neglect or refuse to serve upon any
jury, either for the assessment of damages occasioned by the
opening, altering, widening or annulling of any street, alley,
-.or highway, or in any suit or cause whatever, wherein the
City of Dubuque is a party, when summoned by the Marshal
or other officer legally authorized, without rendering a valid
and sufficient excuse to said Marshal or other officer, at the
time of being so summoned, or shall fail to appear at the
time and place specified, he shall, upon conviction thereof
before any court having jurisdiction, be subject to a fine of
not less than five, or more than twenty dollars, with costs.
Sue. 2. That any person who shall serve as a juror in any
cause arising under the ordinances of the city, when sum-
moned by order of the City Council, shall receive, as a com-
pensation therefor, such sum as the City Council, upon a re-
turn of the time of such service by the proper officer, shall
deem just and reasonable, and shall allow for the same.
CHAPTER XLIX.
AN ORDINANCE to provide for the making of Deeds and
Releases by the City of Dubuque.
SEC. 1. City Council to make Deed. SEC. 2. Providing for Contract.
Be it Ordained by the City Council cf the City of Dubuque:
SECTrON i. That whenever it shall be the duty of the
180 REVISED CITY ORDINANCES.
City Council to snake and execute any deed or release for the
conveyance of any real estate belonging to said city, such
deed or release shall be made in the name of the City of Du-
buque as party of the first part, and shall be executed by the
Mayor of said city,or in his absence by the president pro tem.
in his official capacity,and the Recorder shall attest the same
by his signature and affix thereto the corporate seal of said
city, and such deed or release may thereupon be acknow-
ledged by the Mayor or president pro tem. executing the
same, which deed or release so acknowledged and executed
shall be valid and effectual to convey all rights and release
all claims thereby purporting to be conveyed or released.
SEc. 2. That all contracts made by any committee of the
City Council duly appointed,and by resolution of such Coun-
cil duly authorized to make such contracts, shall, when
signed by such committee or a majority thereof, be valid
against the city: Provided, That the contract be first present-
ed to said Council and by them approved.
CHAPTER L.
AN ORDINANCE to license, tax and regulate the keeping
of Dogs.
SEC. 1. Owners mist have License. SEC. 3. Mayor's Proclamation.
2. Dogs a Nuisance. 4. Running at Large.
Be it OPdained by the City Council of the City of Dubuque :
SECTION I. That any person owning or harboring any
dog or bitch shall procure a license therefor, which shall be
issued by the City Recorder, for the term of one year, on pre-
sentation of the Treasurer's receipt for the sum of two dollars
for each dog and five dollars for each bitch owned or har-
bored by the person making application for such license.
Any person who shall allow any dog or bitch habitually to
remain, and be lodged or fed within his or her house, barn,
REVISED CITY ORDINANCES. 181
store or enclosure, shall be considered as harboring the same
within the meaning of this ordinance.
SEc. 2. If any person shall refuse or neglect to obtain a
license as provided in the preceding section, any dog or bitch
owned or harbored by such person shall be considered a pub-
lic nuisance, and it shall be lawful for any person to kill the
same. And it shall be the duty of the City Marshal forthwith
to cause such dog or bitch to be killed, and any person who
shall hinder or resist the Marshal, or any person under his
direction, in the duties hereby imposed upon him, shall for-
feit and pay, upon conviction thereof, a fine of not less than
five dollars, or be imprisoned not exceeding thirty days.
SEc. 3. Any dog or bitch found running at large at any
time, without a collar or other distinguishing mark by which
the owner may be known, shall be deemed a nuisance and
subject to the provisions of section two of this ordinance for
unlicensed dogs.
CHAPTER LI.
AN ORDINANCE to restrain Cows, Horses, and other Ani-
mals from running at large.
SEC. 1. Where ordinance in force. SEc. 3. Marshal entitled to fees for keep-
2. Animals sold at auction. ing.
4. Marshal to enforce ordinance,&c.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That on and after July Ist, 1886, all horses,
mules, asses, cattle, swine, goats, and geese, are prohibited
from running at large in any street, alley, public square, or
landing, or unenclosed place within the city limits; it shall
be the duty of the City Marshal to procure or establish a
pound at some convenient place in the city, and to there de-
tain and secure all such animals or fowls which shall be found
so running at large; and any person who shall in any manlier
obstruct or resist the Marshal or those assisting him in the
enforcement of the ordinance, or who shall break, injure, or
182
REVISED CITY ORDINANCES.
open such pound, or attempt to release any animal or fowl
confined therein, shall, on conviction, be fined in a sum not
less than five, tior more than fifty dollars:
Provided, That the provisions of this section, so far as they
relate to inilch cows and geese, shall not apply to the follow-
ing portions of the city, to -wit: All of the Third and Fifth
Wards situated east of the tracks of the Chicago, Milwaukee
& St. Paul Railway; all that portion of the Fourth Ward
south of Julien Avenue which is situated west of Broad Street;
all that portion of the Fourth Ward north of Julien Avenue
which is situated west of Alta Vista Street; all of the First
Ward situated south of Dodge Street and west of Broad Street;
all that portion of the Fifth Ward east of Couler Avenue
which is situated north of Eagle Point Avenue and Kniest
Street; and all of the Fifth Ward west of Couler Avenue and
Clay Street which is situated north of Seminary Street.
SEC. 2. That all swine and geese taken up and confined
in said pound, and not redeemed by the owner thereof within
twenty-four hours thereafter, shall be sold at public auction
to the highest bidder for cash, public notice of such sale hav-
ing been first given by written notice thereof and posted at
the front door of the City Hall, and in two other places with-
in the city for two days before said sale, and all other ani-
mals herein prohibited from running at large and taken up
and confined in said pound, if not redeemed within five days
after such taking up, shall be sold at public auction to the
highest bidder, public notice of the time and place of said
sale being first given by publishing the same for five (5) con-
secutive days, with proper descriptions of such aniinals, in
the official paper of the city. The proceeds of such sale shall
be paid into the City Treasury, after deducting therefrom the
costs of keeping' and sale. If the owner or owners of any
animal impounded shall, before sale, prove 'ownership and
pay charges of taking, keeping and ads ettisidg, the animals
shall be released ; if such ownership shall be proved -within
REVISED CITY ORDINANCES.
183
one month after sale, the Marshal shall certify to the record-
er the amount received for such animal or animals and paid
into the Treasury, and on presentation of such certificate
the Recorder shall draw an order on the Treasury for the
amount in favor of such owner.
SEC. 3. The City Marshal shall be entitled to demand fees
for animals impounded, as follows: For each pig or hog, 25
cents; for each goose, to cents; for each other animal herein.
named, $r; for posting notices tor sale, 25 cents; and for cost
of keeping, as follows: Per day for pig or hog, to cents; per
day for each goose, 5 cents; per day for each other animal
herein named, 5o cents.
SEc. 4. The City Marshal is expressly charged with, and
shall be held responsible for, the enforcement of this ordi-
nance. He shall have control and direction of the person
acting as poundmaster, and whenever in his discretion neces-
sary he may discharge him and appoint another in his place.
He may also, if necessary to the proper enforcement of the
provisions of this ordinance, temporarily employ one or more
additional persons to aid hiin in the discharge of the duties
hereby imposed on him. Such person or persons shall be
over twenty-one years of age, and of good character and ha-
bits. The poundmaster arid other assistants hereby author-
ized to be employed by the Marshal shall, while in the dis-
charge of their duties under this ordinance, have the power
and authority of a policeman of the city, and may arrest with
or without warrant any person who may obstruct, resist, or
in any manner interfere with them in the discharge of their
duties. The Marshal may at any time detail one or more
of the regular police to assist him in the enforcement of this
ordinance.
Adopted June th, A. D. 188ti.
184
REVISED C1TY ORDINANCES.
CHAPTER LII.
AN ORDINANCE authorizing S. Chamberlain and others
to construct, maintain and operate water works, and sup-
ply water to the city and citizens of Dubuque; defining
their powers and privileges, and prescribing their duties.
SRC. 3. Repair the str r company.
3. Supply the city.
4. May take the water from level.
5. To extend as city require.
Ste. 6. Reservoir.
7. When city may purchase.
K. Works exempt.
9. When to take effect.
10. Interfering with property pun-
ished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That S. Chamberlain, J. W. Parker, H. W.
Clark, N. W. Kimball, and R. J. Gibbs, their successors, 'as-
sociates and assigns, as individuals or as a body corporate,
under such name as they may hereafter adopt, be and are
hereby authorized to construct, maintain and operate water
works in the City of Dubuque, with proper structures, ma-
chinery, reservoirs, embankments, aqueducts, pipes and con-
duits to supply the said city and its citizens with pure and
wholesome water; to acquire and hold, as by law authorized,
any real estate, easements and water rights, either within or
without the city, necessary to that end and purpose, and to
use streets, alleys, avenues and public grounds of the city,
as it is now or may hereafter be laid out and enlarged, ex-
clusively for the term of fifty year from the date of this or-
dinance, for the purpose of laying.therein pipes and conduits
necessary to carry water throughout the city: Provided, That
such pipes and conduits shall be placed below the surface,
and so laid as not to interfere with or abridge the rights or
privileges of the Key City Gas Company, or the Dubuque
Street Railway Company, or to interfere with the present or
future drainage of said city, and they may establish rules and
regulations for and concerning the use of the water from their
works, and for and concerning the conduct of such persons as
may use the water, so far as respects its preservation and use,
and restraining the waste thereof, subject to review and ap-
proval of the City Council.
REVISED CITY ORDINANCES. 185
SEC. 2. That before commencing work upon any part of
any street, alley, avenue, or any public grounds, they shall
give the Street Commissioner of the city at least three days
notice thereof, and during the progress of the work shall not
unnecessarily obstruct any street, alley, avenue or public
grounds, and shall complete each part of the work therein as
soon as practicable, and restore the same to as good and like
condition as before the work was commenced; and upon a
failure so to do, or should the same subsequently become out
.of good condition because of imperfect repairs, then and in
that case the city may cause the proper repairs to be made,
and may retain the costs thereof out of any moneys then due
or afterwards becoming due to said parties, and they shall he
liable for any injury to persons or property caused by the
negligence, mismanagement or fault of themselves or any of
their employes; and should the city be sued therefor, they or
some managing agent in their employ shall he notified of
such suit, and thereupon it shall be their duty to defend or
settle the same, and should judgment go against the city in
any such suit the city shall recover the amount thereof, with
all costs, from the said parties, and the record of the judg-
ment against the city shall be conclusive evidence in the
cause to entitle the city to recover against them.
SEC. 3. They shall supply to the city upon the several
streets and avenues in which pipes and conduits may be laid
at such points as may be designated by the City Council, such
quantity of water as may be required by the city for fire
purposes, and to that end they shall at their own cost and
expense erect and attach as many hydrants and fire plugs (not
less than seventy-five in number) as the City Council may
direct, and shall keep and maintain the same in good repair,
and protect them in winter so as to keep them from freezing,
each hydrant being so constructed that two distinct attach-
ments of hose can be made to it at the same time, the city to
pay for the use of the water from said hydrants as follows:
186
REVISED CITY ORDINANCES.
For the first zoo, $75 each per annum; for all over ioo and
less than 200, $5o per annum. When 200 are in use the
charge shall be $6o each per annum for all, which shall con-
tinue to be the charge until 30o shall be in use, when the
charge shall be $5o each per annum for all then in use. Said
parties shall furnish free of charge such quantity of water as
said city may require for fountains of both Jackson and Wash-
ington squares in said city, whenever said city shall erect
such fountains, and pay them for the cost of the additional
pipe required to conduct the water to the same; and they
shall furnish to the citizens of the city upon the several streets
and avenues in which pipes and water courses may be laid,
and in such localities off the same as the citizens may conduct
the water to, such quantiry of pure and wholesome water as
they may desire, and may charge and collect for the same
any price or sum that may be agreed upon, which shall not
be more than the price set forth in the following schedule:
Banks, per annum $Io to $15 00
Bakeries, per annum - - 10 to 15 00
Barber Shops per annum, one chair - - 8 00
Barber Shops per annum, each additional chair 3 oo
Bath houses per annum, per tub - - - $ro to 15 00
Blacksmiths, each fire, per annum, - 3 00
Building purposes, per one thousand brick 10
Building purposes, stone per perch - 10
Plastering, per one hundred yards - 40
Breweries, Distilleries, Foundries, &c.: Daily less
than one thousand gallons, per one hundred gallons o5
Daily from one thousand to five thousand gallons,
per one hundred gallons - - - - - 04
Daily over five thousand and under ten thousand,
per one hundred gallons - - - - - 03 •
Daily over ten thousand, per one hundred gallons 02
Hotels and boarding houses: For each sleeping
room - - - - - - 141 to I 50
500
- $Io to 20 00
- 15 t0 20 00
Stables, livery, per stall up to six, per annum - - 3 oo
Stables, livery, each additional stall per annum
Stables, private, per stall - - - - -
Steam engine, per horse power [or as assessed]
REVISED CITY ORDINANCES. 1.87
Dwelling houses, not exceeding six rooms, per annum 8 00
Dwelling houses, each additional room, per annum - 1 00
Offices, each, per annum - -
Printing offices, engine extra -
Saloons, groceries and eating houses -
2 50
3 00
$3 to 5 oo
Stores, dry goods, hardware, boots and shoes, books,
etc., twenty feet front
Dry goods, hardware, boots and shoes, etc., twenty to
. thirty feet front - - - - - - . - 10 00
Sprinkling lot, up to fifty feet front, per tap - - 2 to 5 00
Sprinkling lot from fifty to one hundred feet front,
per tap - - - 4 to 6 0o
Fountains, private - - - 5 to 25 00
8 00
S$c. 4. That said parties may take the water for the sup-
ply of the.city and its inhabitants from the mouth of the level
situate in Bachelor Hollow, or on Mineral lot No. 203, in
Dubuque County, Iowa, and shall commence the construction
of the works herein provided for within six months from
the passage of this ordinance, and shall, within one year and
six months from, the time the same is commenced, have at
least six miles of water pipe Iaid down and connected with
said level and in operation; and at the expiration of two
years and six months, at least ten miles of pipe so laid and
connected, and in full operation; and should they, because
of any want of care or diligence on their part, fail either in
the commencement or prosecution of the work as in this sec-
tion provided, or having laid down the pipes as above re-
quired, shall in like manner fail to furnish to the city and its
citizens pure and wholesome water in such quantity as they
may desire and at the rates in this ordinance provided for,
then and in either case the rights and privileges herein
188 REVISED CITY ORDINANCES.
granted shall be forfeited, and shall revert to the city; and
should the city or citizens at any time, through the wilful-
ness and carelessness of said parties, their successors or as-
signs, be deprived of the necessary water for thirty-six conse-
cutive hours, the said parties shall be liable to a forfeiture of
their rights under this charter, or at the election of the city
they shall forfeit all claim for payment for stipulated price
for all hydrants supplying water to the city for the period of
one year. Provided, That whether a substantial breach of
any of the provisions of this ordinance shall have been com-
mitted, shall de determined by a judicial declaration by a
court of competent jurisdiction before a forfeiture of their
rights under this ordinance shall take place, or their claim
for payment of the stipulated price for hydrants forfeited.
' SEC. 5. That after the pipes and the mains shall have
been laid as in section four provided, said parties shall ex-
tend the same along any street, alley or avenue in the city,
whenever the City Council shall order the same, and furnish
to the city and its citizens along the line of such street,
alley or avenue in the city, whenever the City Council
shall order the same, such quantity of water as may be re-
quired by them: Provided, That the City Council shall order
at least an average of one hydrant for every one thousand feet
of pipe, so extended to be attached for the use of the city,
and to be paid for by it as'before in this ordinance provided,
and said city or its citizens also guarantee to such parties the
use of such quantity of water along the line of such street,
avenue or alley, as at the rates above stipulated will produce
a suin of money sufficient to pay interest at the rate of seven
per cent. on the cost of the pipe required to be so extended.
Suc. 6. That said parties shall so construct their reservoir
at the mouth of the level, that the drainage of the neighbor-
ing ravines will not flow into the same; and if at any time
during the continuance of this charter, the water of said level
shall be unwholesome, or the quantity thereof insufficient to
REVISED CITY ORDINANCES. 189
supply the demands of the city, then said parties shall be re-
quired to furnish a sufficient supply from the main channel
of the Mississippi river north of Seventh street in said city,
and to construct and use for that purpose engines and pumps
of a capacity sufficient to force the water through the pipes
to any part of the city; and whenever said parties fail to fur-
nish the quantity of water sufficient to supply the demands of
the city and its citizens, or fail to comply with every require-
ment of this ordinance, then the Council may,by resolution,
forfeit the rights hereby granted.
SEC. 7. That at any time after twenty years, upon giving
six months' notice, the city shall have the right to purchase
from said parties all the buildings, machinery, pipes, and
other property„with all their rights and privileges (but not
including any franchise herein granted, or that inay be here-
after granted to said parties, which shall not be included in
the estimated value, but in the purchase shall revert to the
city), at such price as inay be agreed upon by the City Coun-
cil and said parties. In case of a disagreement, the price
shall be ascertained by five disinterested persons, non-resi-
dents of the city, two of whom shall be chosen by the City
Council, and two by said parties, and the fifth by the four
thus chosen. Said ascertained price shall be subject to the
acceptance or rejection of the City Council, and said parties
shall not be allowed to sell to any person, company, or corpo-
ration, without first giving the City Council the refusal to
purchase at the same rates offered by others: Provided, That
no purchase shall be made by the City Council until the
terms agreed upon or settled by arbitration as aforesaid shall
be ratified by a majority of the legal voters of the city at a
special election to be held for that purpose.
Suc. 8. That the works and property connected there-
with, erected in pursuance of the :privilege herein granted,
shall be exempt from city taxation until the year 1873.
190 REVISED CITY ORDINANCES.
SEC. 9. This ordinance shall he in force from and after
its publication in the Daily Times and National Deinokrat,
newspapers published in the City of Dubuque: Provided,That
the privileges herein granted shall not inure to the parties
aforementioned, their successors or assigns, unless within
thirty days from the passage hereof, notice of the acceptance
of the grant made by this ordinance is filed with the Mayor
of the city. When such notice is filed it shall be the duty of
the Mayor to make a proclamation of such acceptance, which
shall be regarded . as the consummation of a contract with
said parties under the terms of this ordinance for a supply of
water to the city and its citizens, under the terms and condi-
tions herein provided.
Passed December 5, 1870.
SEc. io. That it shall be unlawful for any person, except
such as the city may designate, to interfere with the valves,
caps, hydrants, or other apparatus of the Dubuque Water
Company; and that any person convicted of a violation of '
this ordinance shall be fined in a stun not less than one, nor
more than one hundred dollars.
PROCLAMATION.
To All 1VIzom it May Concern:
WHEREAS, S. Chamberlain, Henry W. Clark, J. W. Par-
ker, R. J. Gibbs, and N. W. Kimball, have, on this i6th day
of December, A. D. 187o, filed with me a notice, stating that
they accept the privileges granted to them by the City Coun-
cil of this city by an ordinance entitled "An Ordinance au-
thorizing S. Chamberlain and others to construct, maintain
and operate water works; and supply water to the citizens of
Dubuque; defining their powers and prescribing their duties,"
passed by the Council on the 5th day of December, A. D.187o,
therefore in pursuance of section 9 of said ordinance, I do
hereby give public notice of such acceptance, and of the clos-
ing of the contract between the city and said parties contem-
plated by said ordinance.
REVISED CITY ORDINANCES.
191
In, testimony whereof I hereto set my hand and cause the
seal of said city to be hereto affixed, this 16th day of Decem-
ber, A. D. 187o.
W. J. KNIGHT, MAYOR,
Attest:
[SEAL.] C. G. HARGUS, RECORDER.
CHAPTER I,III.
AN ORDINANCE to establish and dedicate a Public Square.
SEC. 1. Boundaries of Square. SEC. 3. Under care of Marshal.
4. Injuring property punished.
2. A public resort.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That all that certain tract or parcel of ground
in the city of Dubuque, bounded as follows, to -wit : On the
east by Iowa street, on the south by Fifteenth street, on the
west by Main street, and on the north by lot No. 745, as
shown upon the official plat of the town of Dubuque by the
United States, be, and the same is hereby reserved, dedicated
and established as a public square, to be known as Jackson
Square, for the use and benefit of the said city of Dubuque
and inhabitants thereof forever.
SEc. 2. That the said square shall be reserved and appro-
priated solely as a place of public resort and recreation.
SEc. 3. That all public squares Shall be under the special
care of the City Marshal, whose duty it shall be to see that
the same are properly protected from injury, and to carry out
and execute the orders and resolutions of the City Council in
reference thereto.
SEC. 4. That it shall be unlawful for any person to use
any publie square for any purposes other than those to which
it is herein dedicated, or to remove or injure the fence or any
part thereof, or to cut, injure, or deface in any way any tree,
shrub or plant, or any railing, or other work of ornament or
192
REVISED CITY ORDINANCES.
use, or to dig up the surface of the ground, or to turn within
said square any animal to feed or remain there ; to disfigure
said square or any part thereof in any manner. Any person
guilty of violating any provisions of this section, shall, upon
conviction, be fined in any stun not less than two dollars, nor
more than twenty dollars for each and every offence.
CHAPTER I,IV.
AN ORDINANCE to provide for the designation of certain
public ground in the City of Dubuque as Grant Park.
Be it Ordained by the City Council cf the City of Dubuque:
SECTION I. That the public ground situated immediately
north of Fifteenth Street, and between Locust and Bluff
Streets, in the City of Dubuque, is hereby named, and shall
be hereafter known and designated as "Grant Park."
Adopted August 3rd. 1885.
CHAPTER LV.
AN ORDINANCE to provide for the protection of Harbor
Improvement and all Bridges in the city.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That if any person shall ride or drive any
horse, mule, orany animals whatever, across the bridges
erected on. Seventh Street or other bridges in the city, at a
faster gait than a walk, he shall be fined in any sum not less
than one dollar, or more than five dollars for each and every
offence, to be recovered before any court having jurisdiction,
with costs.
REVISED CITY ORDINANCES.
193
CHAPTER LVI.
AN ORDINANCE regulating prosecutions under and provi-
ding for the enforcement of the Ordinances of the City of
Dubuque.
SEC. 1.
3.
24.
5.
8.
7.
8.
Prosecutions.
Who commenced by.
To be in a su mary manner.
Punishment..
Marshal to attend Court.
Court to report.
Fees.
Reports to Auditor.
SEC. 9.
10.
11.
12.
14.
15.
Auditor to examine.
Court to enter judgment.
Mayor may remit fines.
('ity Prison."
Mayor to make rules.
Credit $1.50 per day on fines.
insulting Prisoners.
Be it O"•dained by the Cali Council of the City of Dubuque :
SEc'rloN I. That all prosecutions for violations of any
city ordinance shall be had before any court having jurisdic-
tion in the name of the State of Iowa, for the use of the City
of Dubuque, and all moneys collected thereby shall he paid
into the treasury in the manner hereinafter stated.
SEc. 2. That all prosecutions for the violation of any
ordinance, when not otherwise provided, shall be commenced
by the City Attorney or the City Marshal, but no information
shall be filed by the direction of the Marshal in any case in
which the City Attorney shall advise against a prosecution
under the ordinance; and the management and the disposition
of all prosecutions or cases commenced, shall be under the
control of the City Attorney. Whenever judgment is ren-
dered in favor of the city, and such judgment is fully satis-
fied, the City Attorney shall be authorized to enter satisfaction
on the docket of the court.
SEc. 3. In all prosecutions for the violation of any city
ordinance, the trial shall be in a summary manner, but the
accused shall have the right to demand a trial by jury; and
when a jury is demanded the court before which the prose-
cution is had shall forthwith issue a venire to the Marshal, or
other officer in attendance on such court, commanding him
to summon a jury for such trial, of six citizens free from bias
toward either party; and such jury shall be empannelled and
194 REVISED CITY ORDINANCES.
the trial conducted in the manner prescribed by law for other
criminal cases tried before such court.
Szc. 4. That any person who shall wilfully and malic-
iously offend against any provision of any ordinance for the
violation of which a penalty is not otherwise provided, shall
be subject to a fine of not less than one, or more than one
hundred dollars for each offence, and the court before which
the conviction is had may in such case, and in all cases where
a fine is prescribed by ordinance, further adjudge that the of-
fender be confined in the City Jail till such fine and costs be
paid, or, if the offender be a finale person over the age of six-
teen years, that he be imprisoned at hard labor till such fine
and costs be paid, and in all cases where the penalty pre-
scribed is or may be imprisonment, the court may, if the of-
fender be a male person over the age of sixteen years, further
adjudge that such person be kept at hard labor during the
term of imprisonment.
Stc. 5. That the City Marshal, or his deputy, shall be in
attendance on the court before which any prosecution may be
had for the violation of any City Ordinance, shall make and
preserve a full statement of the names of all persons prosecu-
ted, and the judgment of the court rendered in each case, to-
gether with the names of the jurors who may serve, and of
the witnesses subpoenaed and in attendance, and the time of
service of each, and shall return such statement to the CiLy
Auditor on the last Saturday of each month.
SEc. 6. The court before which any prosecution for the
violation of any City Ordinance may be had, shall, on the
last Saturday of each month, report to the City Auditor the
naives of all persons prosecuted before such court, for such
violation of the ordinances, the judgment rendered by the
court in each case, together with the names of the jurors who
may serve, the names of the witnesses subpoenaed and in at-
tendance, the officer making the arrest, and the officer serv-
REVISED CITY ORDINANCES. 195
ing subpoenas, the time of service of each, and the pay to
which the court, and each of such persons are entitled accor-
ding to the fee bill set forth in the next section; all fines and
fees collected by said court shall be paid into the City Treas-
ury and the receipt of the Treasurer therefor annexed to said
report.
SEC. 7. That the following fees shall be allowed and paid
by the city to the court:
For each information filed,
at
it
LC
LL
tt
Warrant issued, -
Day'strial (6 hours), •
Judgment rendered,
Recognizance,
Mittimus,
Order of discharge,
Venire for injury,
Adjournment,
JURY TRIAL.
For each juror -in each case,
WITNESSES.
For each witness (per day), exclusive of mileage,
OFFICERS.
For each arrest (exclusive of mileage),
Service of venire for jury, -
subpoena (exclusive of mileage),
inittimus,
" attendance on court,
it
IC
Li
$ 25
50
I 00
50
25
50
25
50
50
100
5o
5o
I o0
15
25
5o
Provided, That no officer of the city shall he entitled to or
receive any fees unless there be a fine imposed by the court
and such fine and the costs are paid in money by the person
fined.
SEc. 8. All reports of the court, and of the Marshal, shall
1g6 REVISED CITY ORDINANCES.
be made to and kept by the Auditor, and every mittimus
shall be returned to the Auditor by the Marshal, with his re-
turn endorsed thereon of his doing thereunder; and if any
fine or costs have been paid to him, he shall pay the same in-
. to the treasury and annex the receipt therefor to the mittimus
under which the same was paid. The Auditor shall make
and keep a complete record of all cases reported to him show-
ing all proceedings therein and the final disposition thereof.
SEc. 9. The Auditor shall examine the reports of the
court and of the Marshal, and compare them with each other,
and shall, on the first Monday of each month, report to the
Council the several items and gross amount of the fees to
which each of the officers, jurors, witnesses and the court
may be entitled, which several sums, unless found to be in-
correct, the Council shall order paid to the several persons
entitled thereto. If there be any discrepancy between the
reports of the court and the Marshal, or mistake in either, the
matter shall be determined by the Auditor and the mistake
or error corrected.
But such discrepancy or mistake shall not delay the report
of the Auditor or action thereon by the Council, as to items
about which there is no controversy, but the same shall be
reported by the Auditor and acted on by the Council without
delay.
SEC. ro. That immediately upon the conviction of any
person for the violation of any City Ordinance,the court shall
enter up its judgment and tax the costs in the case; and when
the prisoner is adjudged to pay a fine or costs he will then be
entitled to pay such fine or costs into court, but if such fine
or costs be not then paid, or if the penalty imposed be other
than fine or costs, the court shall forthwith issue a mittimus
to the Marshal, stating therein substantially the judgment of
the court and the amount of costs taxed, and thereafter all
fines or costs shall be paid to him, and he shall execute the
REVISED CITY ORDINANCES. 197
judgment of the court and make full returnon each iittimus
of his doings thereunder, and file the same with the Auditor
at the time of making his monthly report.
SEC. Ir. That the Mayor of the city may at any time re-
mit all or any portion of the punishment imposed for the vio-
lation of any ordinance, but such remission shall be in writ-
ing, and addressed to the Marshal, and he shall return the
same to the Auditor attached to the mittimus under which
he held the prisoner.
Sue. 12. That the basement at the east end of the Central
Market House in said city, is hereby declared to be the City
Prison of the City of Dubuqe, and shall be so known and des-
ignated. Said prison shall be in the keeping of such person as
the Council may appoint, but under the control and super-
vision of the City Marshal; and therein shall be confined all
persons committed thereto for violation of the laws of the
city, and all persons arrested by the police of the city charged
with offences against the laws of the city or State; and it is
hereby made the duty of the Marshal to see that such prison
is constantly kept in a cleanly and healthful condition; that
strict attention is paid to the personal cleanliness of all pris-
oners, as far as may be, and that each prisoner is furnished
daily with as much clean water as he shall have occasion for,
either for drink or for purpose of personal cleanliness, and
with such food in such quantity and at such times as may be
prescribed by the regulations for the government of said pri-
son.
SEc. 13. The Mayor of the city shall make such rules
and regulations as he may think proper for the government
and management of said prison; and shall from time to time
prescribe the kind of labor at which, and the place where,
within the city, prisoners sentenced to labor shall be em-
ployed. The Marshal, or other persons appointed by him,
shall superintend the performance of the labor prescribed,
•
198 REVISED CITY ORDINANCES.
and shall furnish at the expense of the city such tools and
materials as may be necessary forithe doing of the work pre-
scribed, and may use such means as are necessary to prevent
escape; and if such prisoner attempt to escape or refuse to
labor, he may use the means authorized by section 5134 of
the revision of 186o, of the laws of Iowa; but he shall not
compel any prisoner to labor more than eight hours in any
one day.
SEc. 14. Every person committed to said prison for the
non-payment of costs, or fine and costs, shall be credited on
such fine or costs the sum of one dollar and fifty cents. for
each day's imprisonment; but when sentenced to such prison
at hard labor for the non-payment of such fine or costs, and
he refuse to perform the labor required of him, he shall not
be entitled to such credit; and when a prisoner is sentenced
to hard labor for a definite time and refuses to perform the
labor required of him, the time during which he refuses to
labor shall not be considered as any part of the time for
which such prisoner was sentenced.
SEc. 15. It shall be the duty of the officer having a pris-
oner in charge to preserve him from insult and annoyance
and communication with others while at labor and going to
and returning from the same, and may use such means as are
necessary and proper therefor; and any person persisting in
insulting, annoying or communicating with such prisoner,
after being commanded by such officer to desist, shall be pun-
ished by a fine not exceeding ten dollars, or by imprisonment
not exceeding three days.
REVISED CITY ORDINANCES.
199
CHAPTER I.VII.
AN ORDINANCE to provide for the registration of births,
deaths, burials, and contagious diseases.
SEC. 1. Births reported.
2. Deaths reported.
3. Permit.
4. Sexton.
SEC. 5. Transportation.
6. Contagious diseases.
7. Recorder to report.
8. Violation punished.
B6 it Ordained by the City Council of the City of Dubuque:
SECTION I. That every physician, midwife, nurse, house-
holder, or other person, within whose care any child may be
born within the jurisdiction of , this city, shall report the fact
of said birth to the City Recorder, within ten days of the oc-
currence of the same, ' in the manner and form prescribed in
blank No. r.
SEC. 2. Every physician, or other person, under whose
care any death shall occur within the jurisdiction of this city,
shall,within twelve hours of the occurrence of said death,cer-
tify to the same in writing and report to the City Recorder,
in the manner prescribed in blank No. 2.
SEc. 3. Every undertaker, or other person, furnishing any
coffin or receptacle for any corpse, 'within the jurisdiction of
this city, shall first obtain a permit from the City Recorder,
in the manner and form prescribed in blank No. 3.
No burial permit shall be issued by the Recorder until
after the proper death certificate shall have been deposited
with him; and before issuing a burial permit on a death cer-
tificate signed by any other than a physician, except certifi-
cates of death of the newly -born signed by midwives, and
those signed by the Coroner, said certificates shall be referred
to the Physician of the Board of Health, who shall, upon in-
destigation, direct the Recorder in relation thereto.
SEc. 4. Every sexton, or custodian of a cemetery, before
receiving for burial any corpse, shall first receive from the
undertaker or other person bringing said corpse for burial, the
permit already issued to said undertaker or other person from
200 REVISED CITY ORDINANCES.
the City Recorder, and shall return the same to him properly
endorsed with his signature, within ten days, after the man-
ner and form prescribed in blank No. 3.
Should the undertaker or other person in charge of a corpse
by accident or mistake have failed to procure the ,necessary
permit from the City Recorder, the sexton or custodian of
the cemetery may receive the body for interment: Provided,
Said sexton or custodian procures the permit required, and
return the same and report the facts in writing to the City
Recorder, within two days.
SEc. 5. Every Railroad, Steamboat, Ferry, Transporta-
tion, or other Company, and every. other person, before re-
moving beyond the jurisdiction of this city the corpse of any
person who may have died, or may have been buried, within
the jurisdiction of this city, shall first obtain from the City
Recorder a permit, in the manner and form prescribed in
blank No. 3.
SEc. 6. Every physician, Midwife, nurse, householder, or
other person, within whose care any case may occur of cho-
lera, chicken -pox, croup, diptheria, erysipelas, glanders, hy-
drophobia, measles, puerperal, scarlet, spotted, typhoid, ty-
phus, or yellow fever, shall report the same, within twelve
hours of acquiring a knowledge thereof, to the City Recorder,
in the Manner and form prescribed in blank No. 4; and upon
the recovery of such cases shall report said recovery to the
City Recorder, in the manner and form prescribed in blank
No. 5.
SEc. 7. That the said City Recorder shall, in the months
of March and September, report to the City Council a state-
ment of the number of births and deaths recorded during the
previous half year, and such other information and suggest-
ions in relation thereto as he may deem useful.
SEc. 8. That any person or persons convicted of a violation.
of this ordinance shall be fined in a sum not less than five, or
more than one hundred dollars for each offence.
•
REVISED CITY ORDINANCES. 201
CHAPTER I,VIII.
AN ORDINANCE to licence, tax and regulate transient
merchants.
SEC.1. Transient merchants to procure SEC. 3. Money refunded it tax paid.
license. 4. Recorder to issue license when
2. Manner in which came shall be Mayor presents statement.
procured. 5. All ordinances in conflict repealed.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That no traveling or transient merchant, or
other temporary dealer in goods, wares or merchandise,
whether a resident of the City of Dubuque or elsewhere shall,
by himself, or auctioneer or other agent, sell or offer for sale
in any temporary place of business avithin the limits of the
City of Dubuque, without being authorized so to do, by a
license to him issued by said city' for that purpose, unless the
goods, wares or merchandise so offered for sale, have been
previously assessed for taxation by said city. And every
person, whether owner, auctioneer or agent of said goods,
wares or merchandise, who shall sell or offer the same for
sale in said city, without such license being first procured
from said city for that purpose, shall, upon conviction thereof,
be fined the sum of not less than five (5) nor more than one,
hnndred (ioo) dollars, in the discretion of the court before
which the conviction may be had.
SEC. 2. Applications for such license shall be made in
writing to the Mayor of said city, stating the length of time
such license is required, and the location where it is proposed
to conduct the business, accompanied by an inventory or
statement of the goods, wares or merchandise which the
applicant desires to sell, showing the different kinds thereof,
and the total number of•evh'kind; and upon such applica-
tion being filed with him said Mayor shall appoint some
competent person to value such goods, wares or merchandise,
who shall estimate the same at their actual cash value, and
make return of such valuation under oath, to said Mayor,
who may, if he shall deem it proper so to do, authorize a
202 REVISED CITY ORDINANCES.
license to be issued to such applicant, upon his paying to the
Treasurer of said city such sum of money as said Mayor may
direct, not less than five per cent. of the value of such goods,
wares or merchandise as thus determined. Except that for
all such goods and merchandise sold or offered for sale in said
city during the month of December, in each year, such pay-
ment to the Treasurer, before the issuance of said license,
shall be ten per cent. of the value of such goods and mer-
chandise determined as aforesaid, and no license issued on
the basis of five per cent. valuation, shall protect any such
person from selling or offering for sale such goods during said
month of December; but such person shall pay the additional
five per cent. therefor, to be determined as aforesaid.
SEC. 3. To every person who may procure such license,
and for the period of one year next thereafter shall continue in
said city a like business as that for which such license was
granted, shall be refunded the amount by him paid for such
license, after deducting therefrom the same percentage on the
valuation of his property as shall have been levied by said
city for taxes on the property of other merchants for the year
in which such license was procured.
SEC. 4. The license herein provided for shall be issued by
the Recorder, upon the presentation by the Mayor to the Re-
corder of a statement showing the business to be carried on
by the applicant, the amount of such valuation in each case,
as herein provided for, and the time for which such business
is to be carried on; and the license aforesaid shall state ctn its
face the additional sum to be paid for carrying on such busi-
ness during the month of December, as herein provided for.
SEC. 5. All ordinances and parts of ordinances inconsis-
tent with the provisions of this ordinance are hereby repealed,
and this ordinance shall take effect, and be in force, from and
after one publication thereof in the official papers of the city.
Section 1 passed December 10, 1883.
REVISED CITY ORDINANCES. 203
CHAPTER LIX.
•
AN ORDINANCE to provide for submitting the question of
the sale of real estate to the voters of the city.
Be it Ordained by the City Council cf the City of Dubuque:
SUCTION I. That at the annual city election for city offi-
cers, to take place on the first Monday of April; 1876, there
shall be submitted to the voters of the City of Dubuque, .the
question whether the said City of Dubuque, by its proper offi-
cers, shall sell and convey to H. W. Sanford the following
described land and premises, to -wit: 413-I,000 of an acre,
situated in mineral lot 313, as described in a deed from said
Sanford to the City of Dubuque, dated January 8, 1857.
SEC. 2. The ballots shall be prepared as follows: "In
favor of selling the following parcel of land, to -wit: 413-
I,000 of an acre situate in mineral lot 313." "Against sel-
ling 413-1,000 of an acre of land situate in mineral lot 313."
Returns of the vote on said question shall be made at the
same time and manner as the returns are for city officers, and
a record of said election shall be entered on the records of the
city, and the result declared by the Council.
SEc. 3. If the vote shall be in favor of sale, then the pro-
per officers of the city shall execute the proper conveyance.
This ordinance shall be in force from and after its passage
and one publication in the official papers of the city.
Passed March 2, 1876.
CHAPTER LX.
AN ORDINANCE to provide for submitting to a vote, tlic
question of the sale of certain real estate.
Be it Ordained by the City Council of the Cite of Dubuque:
SECTION 1. That a special election shall be held in the
City of Dubuque on IVlonday, the 28th day of Pebruary, A.
204
REVISED CITY ORDINANCES.
D. 1881, at which election there shall be submitted to the
qualified voters of said city, the question whether the city of
Dubuque shall sell and convey to the Chicago, Milwaukee &
St. Paul Railway Company, the following real estate, to -wit :
lot 747, part of east 56 feet of lot 304, mineral lot io6; lots i
to 5o inclusive in the sub -division of mineral lot 107; lots 6, 7,
io and 11, block 4, Railroad Addition; lots 2, 3, 4, 5, 6, 7, 8,
9, 10, II, 12, 13, 14, 15, 16 and 17, block 15; lots 15, 16, 17,
18, 19, 20, 21 and 22, block 20; lots 13, 14, 15, 16, 17, 18, 19,
20, 21 and 22, block 28; lots r and 2, block 29, in the Du-
buque Harbor Improvement Company's Addition, and all in
said city.
SEC. 2. Said special election shall be held in the First
Ward at the Montana House; in the Second Ward at the
Court House; in the Third Ward at the City Hall; in the
Fourth Ward at Thos. McCoy's store; in the Fifth Ward at
Meuser's Brewery.
The polls shall open at 9 o'clock A. M., of said February
28th, 1881, and close at 7 o'clock P. M. of said day. The
Council shall appoint two judges and two clerks of election
in each of the wards aforesaid, who shall be allowed the sum
of $5.00 each, to be paid from the City Treasury.
SEc. 3. The ballots used at said special election, shall be
as follows :
Shall the City of Dubuque sell to the Chicago, Milwaukee
& St. Paul Railway Co., the following real estate,to-wit : lot
747, part of east 56 feet of lot 304, mineral lot io6; lots i to
5o inclusive in the sub -division of mineral lot io6; lots 6, 7,
io and 11, block 4, Railroad Addition; lots 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 14, 15, 16 and 17, block 15; lots 15, 16, 17,
18, 19, 20, 21 and 22, block 20; lots 13, 14, 15, 16, 17, 18, 19,
20, 21 and 22, Klock 28; lots i and 2, block 29, in Dubuque
Harbor Improvement Company's Additton.
YES.
NO.
REVISED CITY ORDINANCES. 205
SEC. 4. The Mayor shall issue his proclamation setting
forth the time and place of said special election, and the ob-
ject thereof, which proclamation shall be published in the
official papers of the city for five days before said special
election.
Src. 5. If the vote shall be in favor of the sale of the real
estate aforesaid; the proper officers of the City of Dubuque,
shall for good and sufficient consideration and in the discre-
tion of said city, execute the proper conveyance therefor.
Passed February 21, 1881.
CHAPTER LXI.
AN ORDINANCE providing for the settlement of the in-
debtedness of the City of Dubuque.
SEc. 1. Committees.
2. To compromise.
3. New bonds.
4. Fifty per cent. taxes.
SEC. 5. Trustees to give bond.
0. Contract.
7. Council to appoint successors.
8. $200,000 sufficient.
Whereas, The City of Dubuque is largely indebted on
bonds issued to the Dubuque & Pacific Railroad Company,
the Dubuque Western Railroad Company, W. W. Corcoran,
and divers other persons, on bonds, and for debts heretofore
contracted, to an amount much beyond what said city can
possibly pay: And,
Whereas, The said city has been unable to pay the interest
on said debts,and the same is constantly accumulating: And,
Whereas, The said city is desirous of effecting a compro-
mise or settlement with her creditors, and so reduce the
amount due, and the rate of interest on the same, as will en-
able the city to pay the interest and principal promptly, as
shall be agreed upon, and to meet her engagements hereafter
promptly: Therefore,
206 REVISED CITY ORDINANCES.
Be it Ordained by the City Council of the City of Dubuque:
SEcrION I. That the Mayor and Finance Committee shall
be a committee of this Council, and said committee hereby
constituted shall have full power to compromise and settle
with the creditors of the city, as will be best for the interest
of all concerned, 'and within the times hereafter provided in
this ordinance.
Sic. 2. After allowing upon any indebtedness of the city,
as a credit, the value as shall be agreed upon by said com-
mittee and the creditors of all collaterals or other securities
held by the creditors respectively, the said committee are
hereby authorized and empowered to settle and compromise
with all creditors of the city, by delivering to them the bonds
or other evidences of indebtedness of said city, bearing such
rate of interest not exceeding eight per cent. as shall be
agreed upon, and payable at such tiines as shall be agreed
upon, not exceeding ten years, and not exceeding the sum of
twenty-five per cent. of the amount due, after deducting the
value of the securities aforesaid. The old bonds or evidences
of indebtedness shall not be cancelled nor satisfied by the re-
ceipt of new bonds or evidences of indebtedness, but the same
shall be valid debts against the city, subject to be satisfied
only by the payment of the new bonds or other evidences of
indebtedness.
SEC. 3. When any creditor of the city shall receive the
new bonds or other evidences of indebtedness as above pro-
vided, such creditor shall deposit with Leroy D. Randall,
who is to be a trustee for both parties, the old bonds or evi-
dences of indebtedness to be held by him until the new bonds
or evidence of indebtedness given for the same are fully paid
and satisfied, or until there shall be a failure to pay the same.
In case of a failure to pay said new bonds or evidence of in-
debtedness, as the same shall become due, the holder of the
same shall have the right to deliver such new bonds or evi-
REVISED CITY ORDINANCES. 207
dences of indebtedness to said trustee, and receive from him
the old bonds or evidences of indebtedness which were depo-
sited with the trustee at the time the new bonds or evidences
of indebtedness were given after the trustee shall have en-
dorsed thereon all sums paid on the new bonds or evidences
of indebtedness, and the new bonds or evidences of indebted-
ness shall be returned to the City Council, and shall be can-
celed.
SEC. 4. Be it further ordained, That there is hereby set
apart fifty per cent. of the whole amount of taxes to be levied
at the annual levy of taxes for each year, for the purpose of
paying the interest and so much of the principal first coming
due as the same will pay of the new bonds or evidences of in-
debtedness to be issued under this act,and for other purposes.
The amount of taxes so set apart over and above the amount
necessary to pay the interest on all of the new bonds or evi-
dences of indebtedness issued under this act, shall be paid
upon the principal of the sum first coining due, and if there
shall not•be enough to pay the same fully, it shall be paid
lira rata upon the said new bonds or evidences of indebted-
ness first coining due as aforesaid.
SEC. 5. The said trustee shall give bonds with sureties to
be approved by the City Council, and in such sums as the
City Council may prescribe.
SEC. 6. This ordinance shall be taken and construed to be
a solemn agreement or contract between the City of Dubuque
and such of its creditors as shall assent thereto, within two
years from the passage of this ordinance, and the Mayor, Re-
corder, and other city officers, are hereby authorized to exe-
cute all bonds and other evidences of indebtedness required
by this ordinance, and place the same in the hands of the
committee aforesaid, to be used by them in accordance with
the provisions of this ordinance.
SEc. 7. In case the said trustee should die, resign, refuse
"2G8 REVISED CITY ORDINANCES. • -
.to quali_fy.as required k.y. the.•provisions- of this ordinance, or •
• become •disqualified by the. removal from the City of. Dubuque,
-or. froin :any: other: cause, then, and in that event, the City
•Council'of:th-e City of Dubuque shall appoint his successor,
who shall be governed by the provisions of this ordinance.
SEc. 8..- And he it further ordained, That the sum of two
hundred thousand dollars ($200,000) being deemed sufficient
to accomplish the object of this ordinance, no other bonded
indebtedness,- aside from the issue -hereby authorized, shall
be created nor incurred by the said city, so long as the bonds
thus authorized are outstanding.
Passed July 7, 1864,
CHAPTER I,XII.
AN ORDINANCE changing names of streets, widths of
,sidewalks, vacating certain streets, granting privileges, etc.
•
'Sac. 1. Pearl•Street sidewalk. - Sac. :1.- Width of sidewalk on Eagle Point
2. Part of Walnut Street changed to Avenue.
Arlington Street. • 16: Width of sidewalk on WludsorAv-
3 and 4. Granting privileges to W. W. euue.
Woodworth. .- 11. Part -of Hell Street - acated.
5. Lorimier changed to Julien Ave. '12. Width o1' sidewalk on Third St.
6. Vacating part of Tower Street. 13. Rights orebutters on Third Street.
7. Width of sideways on Burch St . .14.. Vacating part of Eagle Point road.
• , 8. Width of 'sidewalk on part ' or 15 and 16. Vacating alley in block 8,
Third Street. Dubuque Harbor Cos Addition.
Be it-O"dained by the Cxty Council of the G:ity,of Dubuque
SECTION T. That the sidewalks- on the easterly side of
of Pearl Street,•fioni- the point where'the north line of r2th
street, extending westerly, intersects the easterly side of Pearl
•
'street,- northerly to Grove street, ` arid' the sidewalk on both
sides of. Grovestreet`from-its intersection with Pearl street to
its northern terminus, be' and are- hereby established of the
width of 'eight feet. '
-Passed Septeiutiei•'5th; 187:i.
SEc.' z. ''That . Certain street in said city which commences
at Grove street, running west to Prairie street, now and here-
tofore known arid designated'as Walnut street, shall -hereafter
REVISED CITY ORDINANCES.. 209.
be known and designated as Arlington streeti•and.its name
shall be and is changed .accordingly.
Passed July 3d, 1873.
SEC. 3. That William W. Woodworth, his heirs and
assigns, are hereby authorized to build and perpetually main_
tain, an arch over the alley between.Main. and Iowa streets,;
separating city lots five (5) and one hundred and : ninety-six
(196), for a distance of sixty (6o) feet .north. from ;the: - north,
line of Second street; the said arch not --to be less than eleven
(1r) feet in height from,the grade of the alley. to the .under
side of the crown of the arch.
SEC. 4. That so much of the alley between'Main • 'and
Iowa streets as is included in a strip sixteen (i6) inches ;in
width along the west side of said alley, running north of its
intersection with Second street sixty (6o) feet, be.; and ,.the
same is hereby vacated in favor of said Woodworth, his heirs
and assigns, for the purpose aforesaid. On condition that
said Woodworth construct said arch within sixty days froin
the passage of this ordinance, and that *he, his heirs or
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.
Passed August 7th, 1873.
SEc. 5. That a certain street in said city which com-
mences at Bluff street, and running west to the city limits,
now known and designated as Lorimier avenue, by virtue of
the provisions of chapter 58 of the revised ordinances of 1869,
shall hereafter be known and designated as Julien avenue,
and its name shall be, and is, changed accordingly.
Passed October 2d, 1873.
SEC. 6. Whereas, It appears that Ingram, Kennedy & Day
are the owners of all lots., in blocks one and eight of the Du-
buque Harbor Improvement Company's addition to Dubilgtie
that abut on that portion of Tower street lying between said
blocks one and eight aforesaid, and they. have petitioned the
210 REVISED CITY ORDINANCES.
said City Council to vacate that portion of Tower street named
aforesaid, and the City Engineer having filed his plat show-
ing the lots and lands over which said street is located and
the owners thereof, and there being no objection made to the
vacation of that portion of flower street aforesaid by interested
parties. It is therefore ordained by the said City Council,
that so much of Tower street as lies between the north line
of Commercial street and the south line of Eighth street, and
between blocks one and eight of the Dubuque Harbor Im-
provement Company's addition to Dubuque, Iowa, be and
the same is hereby declared vacated. •
Passed March 2, 1876.
SEC. 7. That the sidewalk on both sides of Burch street
in the City of Dubuque, be established six (6) feet wide,
Passed March 5th, 1877.
SEc. 8. That the sidewalks on Third street, from Summit
street to Alpine street, are hereby established to the width of
eight feet.
Passed May 7th,1877.
SUc. 9. That the sidewalks on both sides of Eagle Point
avenue, from Couler Creek to Windsor avenue,be established
ten feet wide.
Passed June 4th, 1877.
SEc. to. That the sidewalks on Windsor avenue, from
Eagle Point avenue to south line of Stafford's addition, are
hereby established to the width of ten feet.
Passed November 5th, 1877.
SEc. II. That so much of Bell street as lies between
blocks eight (8) and nine (9) of the Dubuque Harbor Improve-
ment Company's addition to Dubuque, Iowa, be and the
same is hereby declared vacated.
Passed September 2,1878.
REVISED CITY ORDINANCES. 211
street, from Hill street to Alpine street, be and is hereby es-
tablished at the width of twenty feet.
SEC. 13. That the abutting property owners on said
south side of Third street are hereby authorized to use the
inside twelve feet of said sidewalk as per their conveyance to
the City of Dubuque of twelve feet, for the purpose of grass
plots and shade trees, upon the south side of said street.
Passed April 29, 1879.
SEC. 14. That so much of Eagle Point road, so called, as
lies between Orange and Jackson streets, in the City of Du-
buque, be and is hereby vacated.
•
Suc. 15. That all of the alley in block eight, in the Du-
buque Harbor Company's Addition to Dubuque, from the
south line of Jones to the north line of Dodge streets in said
addition, be and the same is hereby vacated, and said alley
is hereby abandoned for all public purposes.
SEC. 16. That section 7 of an ordinance to provide for
opening, altering or annulling streets, alleys and highways
in the City of Dubuque, passed January 24th, 1861, is hereby
repealed as applicable to this ordinance.
CHAPTER LXIII.
AN ORDINANCE to provide for Lighting the City of Du-
buque with Gas, and amendment thereto.
SEc. 1. Company.
2. Conditions.
3. Notice of Acceptance filed.
.AMENDMENT OF APRIL2, 1884.
SEC. 1. Rights continued.
2. Company bound to furnish gas at
price. •
3. City may grantothers right to lay
gas pipes.
SEC. 4. Extending time.
5. Fixing price.
SEC. 4. Change of surface of street.
5. Keep excavation guarded.
6. Other Ordinances.
Be it Ordctined by t/ie City Council of the City of Dubuque:
SEc. 12. That the sidewalk on the south side of Third SEc. r. That Benajah Barker and Harvey B. Spelman,
212 REVISED CITY ORDINANCES.
their successors, associates and assigns, as individuals, or as
a body corporate, under such naive 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 ordi-
nance, the streets, lanes, .alleys and public grounds of said
city, including 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 asso-
ciates, successors and assigns, shall give the Street Commis-
sioner of said city one day's notice previous to the opening of
any street, lane, alley or public ground, for the purposes afore-
said, 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 there-
after to maintain their works, and extend their leading pipes
through 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 ($2.50) per thousand cubic feet, and for gas for
private use not to exceed three dollars and fifty cents ($3.50)
per thousand cubic feet. All lamps, meters and fittings to be
REVISED CITY ORDINANCES. 213
furnished at the expense of the city for public lamps: Provi-
ded, That if said City Council shall at any period prior to
April 1st, 1855, give said Barker and Spelman, their associ-
ates, successors or assigns,a written guarantee that they will,
within twelve months thereafter, furnish a consumption of
gas equal to twelve hundred nightly brrrners,on a.distance 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 within
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
perforin 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 lath, 1853. •
SEC. q.. That the .ordinances passed April 13th, 1853, giv-
ing to Benajah Parker and Harvey B. Spelman, their suc-
cessors, associates and assigns as individuals, or as a body
corporate under whatever naive they rnight adopt, the rights
and privileges of lighting said City of Dubuque with gas
for the term of twenty years from the date of said ordinances,
be and is herel3y extended and continued for the further per-
iod of ten (1o) years, to the successors and assigns of the
grantees in said ordinances named with the following modifi-
cations and changes.
SEc. 5. That the price of gas furnished to the city for
lighting public lamps or for other public uses, also the price
214 REVISED CITY ORDINANCES.
of gas 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 Nov. 5th, 1817.
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 1st, 1884, on certain conditions, and to
amend an ordinance entitled "An Ordinance to provide for
lighting the City of Dubuque with gas," which passed Sept.
13th, 1853, and amended and extended Nov. 5th, 1877.
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 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
Sept. r3th, 1853, and amended and extended Nov. 5th, 1877,
be and the salve 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
purposes 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 al-
leys in which the gas pipes of said company may be laid or
hereafter extended, at prices not to exceed the following
rates :
REVISED CITY ORDINANCES.
21'5
First. For all gas used by the city, in the City Hall,
Fire Engine House, and other city buildings for the
five years commencing July 1st, 1884, per thousand
cubic feet - - - - - - $2.00 ,
For gas for five years, commencing July 1st, 1889 1.5o
Second. For each street lamp per annuin, incuding
cleaning, keeping in repair and furnishing burners
as needed, until the number in use shall reach 25o 25. oo
When the number shall reach 25o, and until it
shall reach 300 - - - - - - - 23. 00
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 1st, 1884, per thousand
cubic feet - - - - - - 2 5o
For gas for the five years commencing July 1st,
1889, per thousand cubic feet - - - -
2.25
SEC. 3. Nothing in this ordinance shall be 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
corporations.
Sue. 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.
SEc. 5. That said Key City Gas Company, shall, while
excavating or otherwise obsructing any street, alley or public
place in said city for the renewal, extension or repair of any
of its pipes, or for any other purpose, keep such excavation
or obstruction properly guarded and lighted to prevent acci-
216 REVISED CITY ORDINANCES.
dent 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 imperfect 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 company; 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 excava-.
tion in any street, alley or public 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 decree 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 this ordinance entitled, "An
ordinance to provide for lighting the City of Dubuque with
gas," passed September 13th, 1853, and amended and extend-
ed Nov. 5th, 1877, so far as the same may conflict with any of
the provisions of this ordinance, are hereby repealed.
CHAPTER LXIV.
AN ORDINANCE for the regulation of the Dubuque and
Dunleith Ferry.
SEC. 1. Council to order when to leave. SEC. 4. Company to provide Skiffs.
2. Charges. 5. Violation punished.
3. Copies of ordinance to be posted. 6. See Note.
WHEREAS, By a contract made and entered into on the loth
clay of November, in the year 1856, by and between the City.
of Dubuque,of the first part,and Charles Gregoire and others,
REVISED CITY ORDINANCES.
217
of the second part, the said Charles Gregoire and others are
licensed and allowed to keep and maintain a ferry, to run
from said City of Dubuque to the Illinois shore at Dunleith.
And in the said contract the right to fix the rates of ferriage
at said ferry is retained by the said City of Dubuque: There-
fore,
Be it Ordained by the City Council if the City of Dubuque:
SECTION I. That the said boat or boats shall leave thereg-
ular landing, which shall be at such places as may be- or-.
dered by the City Council, for conveyance of passengers and
freight to Dunleith, as often as once in every thirty minutes,
from sunrise till one hour after sunset of each day from the
first day of April, until the first day of November, in each
year: Provzd'ed,That they shall not be required to leave more
than once within the hour from twelve to one o'clock of each
day. On and after the first day of November of each year,
until the first day of April of the ensuing year, the said boat
or boats shall leave the said landing for the purpose aforesaid
once in every hour from sunrise until one hour after sunset
of each day. Said boat or boats shall leave as herein provi-
ded, unless prevented by ice, by accident, or the dangers of
navigation.
SEC. 2. For carrying passengers and freight from Dubuque
to Dunleith on the boats of said ferry, the charges shall be as
follows:
Each foot passenger,
Man and horse,
Each led horse, -
Wagon, loaded, two
Wagon, unloaded,
Dray, loaded, one horse and
Dray, unloaded,
10 cents.
20
15
horses and driver, 5o
driver,
30
40
25
Buggy or wagon, one horse and driver, 3o
Buggy, two horses and driver, - 5o
tc
I
218 REVISED CITY ORDINANCES.
Hack, two horses and driver, -
Gig or sulky, one horse and driver,
Hack or stage, four horses and driver, ioo
Each additional horse in teams, - to
Mule and ox team, same as horse.
Cattle, over 20 head, per head, 8
Cattle, 20 head or less, per head, to
Sheep or hogs, per head, - 5
Each barrel of flour, not in vehicle, 5
Freight, under 500 lbs., per too lbs., 5
Freight, 500 lbs. or more, per too lbs., 4
- 6o cents.
3o
SEC. 3. The owners of said ferry shall cause copies of this
ordinance to be posted in not less than three conspicuous
places on each of said steamboats used for the conveyance of
passengers and freight as aforesaid, to remain whenever said
boats may be in use; and shall also cause a list of the rates of
ferriage as herein established, painted in letters and figures
not less than one inch in length on a sign, to be placed in a
conspicuous position, at or near the entrance to the wharf
boat of said ferry.
SEc. 4. That at such times as it may be impracticable for
steam ferry boats to cross between Dubuque and Dunleith on
account of ice, but the river may be crossed with boats or
skiffs, the proprietors of said ferry shall provide a sufficient
number of good boats or skiffs,with able and competent men,
to manage the same, to convey across the river or such part
thereof as may be navigable, without unnecessary delay, all
passengers who may desire to cross at any hour of the day
between sunrise and sunset, and for conveyance of each pas-
senger with baggage not exceeding seventy-five pounds in
weight, the charge shall not exceed twenty-five- cents.
SEc. 5. For each and every violation of this ordinance,
• the proprietors of said ferry shall be subject to a fine of not
REVISED CITY ORDINANCES. 219
less than five nor more than twenty dollars,' with cost of
prosecution.
NOTE. The above is the only ordinance in re1ation to the Dubuque and Dunleith
Ferry. In 1875 Hansen & Linehan succeeded to the right or the old Ferry Co., under
the following contract, dated March 6th, 1875. Approved by City Council April 1st,
1875, see page 268, Record Eleven. Recorded in Contract Book No. 1, pages 116 and
117.
The City of Dubuque of the first part and Nicholas Han-
sen and Bart E. Linehan of the second part agree as fol-
lows :
Said city hereby grants to said Linehan & Hansen, their
heirs and assigns, the exclusive right to ferry persons and
property for the period of twenty years from the date hereof,
from what is known as First Street Levee in said city, across
the Mississippi River to Dunleith, Illinois, and authorizes
them to charge and receive such rates of toll as may be rea-
sonable, but subject at all times to regulation by the City
Council of said city, and said city agrees that during said
term of twenty years it will not authorize or empower any
other person,' company or corporation to run, keep, maintain
or use a ferry from the Iowa shore, between the south line of
Seventh street, in said city, and the southern boundary of
said city to the Illinois side of the Mississippi River, but will
at all times, at the proper costs and expense of said Hansen
& Linehan, their heirs or assigns, institute all proper pro-
ceedings and use all lawful means as it reasonably can, to
maintain and protect said grantees in the proper exercise of
the right hereby granted, but the city is in no event liable
for want of power to grant the tight, or make that right ex-
clusive, and it is not to he exclusive of or in any manner to
effect or interfere with the right of the city to construct,
maintain or use,or to authorize any other person, company 01
corporation to construct,maintain or use bridges across said
river between the points above specified, and to charge and
receive tolls for. the use of the same. And the said Hansen &
220 REVISED CITY ORDINANCES.
Linehan agree with said city that within a reasonable time,
not exceeding sixty clays from the date hereof, they will put
on and have in good running order between said Levee and
said Dunleith a steam ferry boat of adequate size and speed,
suitably equipped to meet the convenience of the public as a
ferry between the points aforesaid, and during said term will
maintain and operate such a ferry, and that its operations as
to the number of trips and the speed with which they may
be made, shall meet the convenience of the public having
occasion to use the same, and that in operating said ferry
they will at all times comply with all reasonable regulations
that may be prescribed by the City Council of said city, but
they reserve the right to abandon the privilege hereby grant-
ed and discontinue said ferry upon giving the City Council of
said city thirty days previous notice in writing of their in-
tention so to do, but shall during said thirty days keep said
ferry in operation.
If the said Hansen & Linehan,their heirs or assigns,should
at any tiine during said term, fail to comply with the terms
of this contract, the City Council of said city may, on giving
them ten days notice and a full opportunity of being heard
in opposition thereto, forfeit the rights acquired by them un-
der this contract. It is further agreed that no license or tax
other than the ordinary property tax shall be levied on said
Hansen & Linehan, their heirs or assigns,on account of their
running said ferry so long as they live up to the spirit of the
contract above set forth.
Dubuque, March 6th, 1875.
A. H. PEASLEE.
JOHN WUNDERLICH.
PATRICK LAGAN.
HANSE;N & LINEHAN.
REVISED CITY ORDINANCES. 221
CHAPTER LXV.
AN ORDINANCE authorizing the establishment and opera-
tion of the Eagle Point Ferry.
SEC. 1. Ferry established.
2. Keep boats to accommodate
travel.
SEC. 3. Use prudence.
4. Oouncil make rules.
Be it Ordained by the City Council of the City of _Dubuque:
SECTION I. That free license, full authority and right be
and is hereby granted to John Ruegamer, John Trexler, J.P.
Schroeder, John Kilen, Frank Schroeder, and Geo. Fengler,
and their assigns, to establish, and for a period of twenty-five
(25) years from the passage of this ordinance maintain and
operate a ferry, to be known as the "Eagle Point Ferry,"
from a point on the Mississippi near Eagle Point in said city,
where Division street in said city meets said river, across said
Mississippi river to the easterly shore of said river, in the
State of Wisconsin, under the provisions of this ordinance.
SEC. 2. That within one year from the passage of this
ordinance said grantees and assigns shall procure and keep at
said ferry one or more boats of sufficient capacity to accomo-
date the public travel and business at all seasonable tunes,
continue to run said boat or boats across said Mississippi
river from the place where Division street in said city meets
said river, near Eagle Point, to the easterly shore of said
river in the State of Wisconsin, and on being paid therefor
herein provided for, receive and transport over said river all
persons desiring to cross, and all freight offered for transpor-
tation.
SEC. 3. That in keeping and running said ferry said
grantees and assigns shall use all proper care and prudence
to insure the safety and convenience of the traveling public.
SEC. q.. That the City Council of Dubuque shall have the
right to snake such rules and regulations for said ferry as it
may think necessary, and fix from time to time the rates of
222
REVISED CITY ORDINANCES.
ferriage from the Iowa side, but shall not fix the rates lower
than the Dubuque and Dunleith ferry.
Passed August 13, 1883,
CHAPTER LXVI.
AN ORDINANCE authorizing and regulating the Dubuque
Lumbermen and Manufacturers' Railroad in the' City of
Dubuque.
SEC. 1. Right of way. SEC. , i . Council to make regulations.
2. One track. 8 May assign.
3. Other companies to use. 9. Completed in three months.
4. Compensation for use' 10. Company to notify city in sixty
5. City may remove rails. days.
6. Company to repair, IL Not to prevent other companies
Be it O"dained 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's and
Manufacturers' Railroad Company to construct and for the
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 & Du-
buque Bridge Company's track on Fourth street, thence nor-
therly along and up Jackson street as far as Eighth street,
and from said Fourth street along the old levee up to Wash-
ington 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
business of such persons doing business along the line of the
same as may desire it. 'i
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 center line, and as near as may be to the present level of
the streets over or along which it may pass, and that at all
REVISED CITY ORDINANCES. _223
the points along the route, where the track shall be above or
below such level, it shall be the duty 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
inconvenienced 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 au-
thorized to be built on equal terms without undue preference
to any.
SEc.4. That the said Dubuque Lumbermen and Manufact-
urers' 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, un-
less such car so run upon or off their said track is at the time
wholly unloaded; but shall not at any time charge or receive
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.
SEC. 5. The City of Dubuque reserves the right to take
up and remove the rails of said road whenever it shall be ne-
cessary 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 unne-
cessary 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, side-
224 REVISED CITY ORDINANCES.
walks, gutters, etc.; by the construction and repair of their
track along and over the streets as herein provided for; and
further to protect 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 Manufact-
urers' Railroad Company shall, at any time, violate any ma-
terial provision contained in this ordinance, or any material
regulation made by said City Council, such violation shall
work a complete forfeiture of all the rights, privileges, and
powers hereby conferred upon said company.
SEc. 8. That the Dubuque Lumbermen and Manufactu-
rers' Railroad Company be and is hereby authorized to as-
sign, transfer and set over unto any other person, company
or corporation all the rights, privileges, powers and benefits
herein granted to, and conferred upon, said company, but
the person, company or corporation receiving such assign-
ment or transfer shall be subject to 'the provisions of this ord-
inance in the same manner as the Dubuque Lumbermen and -
Manufacturers' Railroad 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. ro. In case said Dubuque Lumbermen and Manufact-
urers' Railroad Company accepts the rights, privileges and
powers conferred by this ordinance, they shall, within sixty
days after its adoption by the City Council,so notify_ the May-
or of said city in writing, and from and after such notice this
ordinance, and all the terms and conditions therein contained,
REVISED CITY ORDINANCES. 225
shill have the force and effect of a contract between said coni-
pally and the City of Dubuque.
SEC. r r. 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 Manu'fact
urers'. 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 Manu-
facturers' Railroad Company, or their assigns, whatever dam-
ages said company or their assigns shall sustain by reason of
such appropriation, 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 I0,1869.
CHAPTER LXVII.
-AN ORDINANCE authorizing and regulating Street Rail-
ways in the City of Dubuque.
Siac. 1. Railway Company. SEC. 7. Council to regulate.
2. When to commence. S. Not to obstruct streets.
3. Streets. 9. Must accommodate the public,
4. Fare. 10. Must repair streets.
1. City may remove rails. 11. Other companies to cross track.
6. Single. or double track.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the Dubuque Street Railway Company,
their successors and assigns, be, and are hereby granted the
exclusive right and privilege to construct, operate and main-
tain over the streets of the City of Dubuque, street railways
for carrying passengers and freight, for the term of twenty
years from the-rst day of October, 1867.
226 REVISED CITY ORDINANCES.
SEC. 2. The said company, their successors and assigns)
shall commence' the construction of one or more of said roads
within six months from this date, and shall have at least two
miles of track, including side tracks, completed and in opera-
tion within one year.
SEC: 3. The said company may construct, operate and
maintain tracks upon such street or streets as they may deem
expedient, laying their' track as near the center of the streets
as may be practicable, and shall keep the space between the
rails in repair, and shall keep the same in proper order as to
cleanliness.
SEC. q.. The said parties, their successors and assigns,
may regulate and establish from time to time such rates of
fare for the transportation of persons and things over their
road as they may see proper: Provided, That the charge
for carrying a person from one extreme to another shall not
exceed ten cents.
SEC. 5. The City of Dubuque reserves the right to take up
and remove the rails of said road whenever it shall be neces-
sary, for the repair and improvement of the streets, or for
laying water or gas pipes, or sewers, or for other public pur-
poses, on the streets on which such rails may be laid; . and
such repairs and improvements shall be made by the city, and
without unnecessary delay; and the track of said road shall
be taken up and relaid by the Railway Company, at their
(said company's) cost and expense.
SEC. 6. Authority is hereby conferred to lay single or
double track, or both, on said streets of Dubuque, except that
but one track shall be laid upon Main street, together with
such turnouts, side tracks and switches as may be deemed
necessary by said railway Company.
SEc. 7. The City Council hereby reserves the right to
make all necessary and usual police regulations concerning
REVISED CITY ORDINANCES. 227
the operation and management of said street roads during the
continuance of the rights and privileges hereby granted.
Sre. 8. Thetracksof such roads as inay be constructed,
shall be put down in such manner as to obstruct the streets as
little as may be, and the cars of said company shall take
precedence over other vehicles, persons or things; and if any
person shall unnecessarily obstruct or impede the running of
cars on such track, he shall be fined five dollars for each
offence, by any proper court or justice of the peace having
jurisdiction in the case.
SEC. 9. It shall be the duty of such railway company to
furnish and run a sufficient number of cars to accommodate
the traveling public. All cars shall carry signal lights after
dark. The rights and privileges hereby granted shall cease
and determine as to all streets and parts of streets not occu-
pied with tracks within five years from this date; and a fail-
-to construct and put in operation at least two miles of
road within one year from this date, shall operate as a forfeit-
ure of the rights and privileges hereby granted.
SEc. ro. It shall be the duty of said railway company to
repair any and all damage done to the streets, curbs, side-
walks, gutters, etc., by the construction and repairing of the
tracks along the streets as herein provided for; and further,
to protect the City of Dubuque against all claims for damages
arising from the construction or management of the tracks
provided for herein.
SEC. ir. Nothing herein contained shall be so construed
as to deprive the City of Dubuque of the right to authorize
[the] other railway companies from crossing the tracks laid
down under the authority of this ordinance.
Paesed October 4th, 1867.
228- REVISED CITY ORDINANCES.
CHAPTER LXVIII.
AN ORDINANCE granting certain additional rights and
privileges to the Dubuque Street Railway Company.
SEC. 1.
2.
4.
a.
Additional rights.
Gauge of tracks, etc.
Conditions.
Duties of Company.
Company to improve streets be-
tween rails.
SEc. 6. Rights to cease in 4 years.
7. Rights subject to other ordinances
6. Extension of rights when.
9. Acceptance.
Be it Ordained by the City Council c f'the City of Dubuque:
SECTION x. That in addition to the rights and privileges
already granted and now possessed by the Dubuque Street
Railway Company under the provisions of an ordinance en-
titled "An Ordinance authorizing and regulating Street Rail-
ways in the City of Dubuque,". adopted Oct. 4th, x867, the.
following additional rights and privileges are hereby granted
to said Street Railway, to -wit:
•
First. To change its present line of track on.- Main street
from the intersection of Jones street with Main street 'to the
intersection of Main and Thirteenth street; also on Clay
street from the intersection of Clay and Thirteenth street to
the intersection of Clay and Eighteenth street; also on
Eighteenth street from the intersection of Eighteenth and
Couler avenue; also on Cooler avenue from the intersection
of Eighteenth and Couler avenue to Sanford street, from a
single to a double track.
Second. To construct, maintain and operate, in connec-
tion with its lines already in operation, a line of single track
railway, with the necessary side tracks and turn -outs, coin-
mencing at the intersection of Main and First, or Main and
Second streets, at the option of the Company, and running
thence east on First or Second street to Iowa street, thence .
north on Iowa street to Third street, thence east on Third to
to Clay street, thence north on Clay street to Thirteenth
street; also commencing at the intersection of Main and
Thirteenth streets, thence northerly on Main street to Fif-
teenth street, thence east on Fifteenth street to Clay street,
REVISED CITY ORDINANCES. 229
also commencing at the intersection of Couler Avenue and
•Nineteenth street and running thence east on Nineteenth
-street to Jackson street, thence north on Jackson street to Lake
street, thence easterly on Lake street to High street, thence
northeast on High street to Eagle Point, and it is hereby
provided that in the event that Lake street shall hereafter
extend westerly to C'ouier Avenue, the line of said railway to
Eagle Point shall be so changed as to commence at the inter-
section of Couler Avenue and Lake street, thence east on
Lake street to High street, in line of the route on the por-
tions of Nineteenth and Jackson streets, as above specified ;
it is further provided that no cars shall be run on that portion
of Clay street, between Twelfth and Thirteenth streets, during
Market hours without the consent of the Council.
SEc. 2. The gauge of the tracks of said Dubuque Street
Railway Company shall be and is hereby fixed at four feet
eight and one-half inches (4 ft. 8 in.) between the highest
portion of the rails; and in changing -its railway on Main
street from a single to a double track,and in constructing the
additional lines of railway authorized in the preceding section
of this ordinance,said company shall make use only of a"tram
rail," the width of which from outside to outside shall not be
less than five inches, and the height along the wagon edge,
and from the tram to the highest part of the rail, shall not be
more than seven -eighths of an inch; 'a section of the kind of
rail proposed to be used, shall be first submitted to the Coun-
cil and approved by the Council; said company shall within
two years from the passage of this ordinance, replace the rails
now in use on Thirteenth, Clay and Eighteenth streets, and
Couler avenue from Eighteenth street to Sanford street, with
rails of the kind above described: Provzded, That in the con-
struction of the line of railway herein authorized from Couler
avenue to Eagle Point, said company may use rails taken
from its line of railway now in operation, and replaced by
said new and approved rail.
230
REVISED CITY ORDINANCES.
Sze. 3. The privilege herein granted to said railway com-
pany, of laying a double track on Main street, is upon the
further express condition that said company shall pay to the
City of Dubuque one-half the expense of lowering the surface
of Main street from First to Eighth street between the curb-
stanes, in such manner and to such an extent as the City
Council shall determine, and estimates of the City Engineer,
whose report to the Council on the subject shall be final and
conclusive. The said one-half the expense of reducing the
surface of said streets ascertained shall be deemed a debt
against said street railway company, payable within thirty
days after the final report and estimate of the City Engineer
to the City Council of the expense of said work; the provisions
of this section shall have no force unless the work of cutting
down the surface of Main street shall be commenced by the
City of Dubuque within one year from the date of the taking
effect of this ordinance.
SEc. 4. In the construction of the additional lines of rail-
way, provided for in the first section of this ordinance and in
changing the line on Main street from a single to a double
track, the tracks shall be placed as near the center of the
streets as practicable, and shall conform as closely as possible
to the surface of the street, and shall be constructed and
uraintained in such manner as not to obstruct or interfere
with the ordinary travel on said street. It shall be the duty
of the street railway company in constructing said additional
lines of railway and said double track, to remacadamize the
portion of said streets between the rails and between the
tracks, said work to be done under the supervision and to the
approval of the City Engineer; said company shall keep the
portion of the street between the rails, where a double track
is laid, in perfect repair and condition; the officer acting as
Street Commissioner of the City of Dubuque shall be judge of
the necessity for the repair at any time of said portion of any
street, and shall have authority to make :such repairs at the
REVISED CITY ORDINANCES. 231
expense of the railway company,whenever said company- shall
neglect to make the same, after being notified by said Street
Commissioner to do so. Nothing in this section shall be con-
strued to operate to relieve said street railway company from
any responsibility for damages caused by the bad condition
of its tracks, or to render the City of Dubuque liable therefor.
SEc. 5. In the event the City of Dubuque shall at any
time change the mode of paving any street occupied by the
tracks of the Dubuque Street Railway Company, from maca-
damizing to any other method of improvement,it shall be the
duty of said railway company to improve the portions of the
streets between the rails and between the tracks, at its own
expense,so as to conform to the change made by the city,and
in case it shall fail to do so, the City of Dubuque may cause
.the same to be done at the expense of the railway company:
Provided, The provisions of this section shall not ,apply to
any change in the mode of paving within ten years from the
taking effect of this ordinance.
SEc. 6. The rights and privileges hereby granted shall
cease and determine as to all 'streets and parts of streets not
occupied with single or double tracks, as herein authorized,
within four years from the date of the passage hereof: Provi-
a'ed, That said company shall be delayed by order or injunc-
tion of any court, or judge thereof, in the construction of any
portion of lines of railway, or double track thereof, the time
of such shall be given to said company for the completion of
the Portion of the lines on any street or part of any street,
over and above the time designated in this section, for the
construction and putting in operation of the same.
The provision for additional time is on the express condition
that in case any such injunction or order shall be issued upon
the application of any party other than the City of Dubuque,
said company shall immediately notify the Mayor and City
Attorney of such order or injunction, and thereupon the Ma-
232 REVISED CITY"ORDINANCES.
yor or City Council may instruct the City Attorney to resist
such order or injunction and to obtain a dissolution of the
same or to assist the attorney of the Railway Company, and
in so doing said company shall pay all expenses that may ac-
crue by reason of such suit or suits.
SEC. 7. The additional rights and privileges granted by
this ordinance shall be subject to all the conditions and pro-
visions contained in the ordinance referred to in the first sec-
tion hereof and to which this ordinance is supplemental; and
nothing herein contained shall be construed to change, im-
pair or waive any of the provisions or requirements of said
ordinance, nor revive or extend any of the rights or privileges
therein granted and not now in force, except as herein ex-
pressly provided.
Szc. 8. That if at the expiration of its present charter
from the City of Dubuque, as amended by this ordinance, on
the first day of October, 1887, said Dubuque Street Railway
Company shall have constructed and put in operation within
the time limited in the sixth section of this ordinance, all
the additional lines of street railway provided for in the first
section of this ordinance, except from Johnson Avenue to
Eagle Point, and shall have laid and put in operation the
double track on Main street, in accordance with the provis-
ions hereof, and shall in all respects have complied with and
carried out in good faith all the provisions, conditions and
obligations of this ordinance and of the original ordinance
passed Oct. 4th, 1867, then said company shall be entitled
to an extension of all rights and privileges now in force,
granted by said original ordinance and hereby amended for
a further termof twenty (20) years from the first (rst) day of
October, 1887.
SEC. g. That said Dubuque Street Railway Company
shall be required within thirty days from the passage hereof,
to file with the Mayor an unconditional acceptance in writ -
REVISED CITY ORDINANCES. 233
ing of the provisions of this ordinance; that on the filing of
said acceptance this ordinance shall be published- :in the of-
ficial papers of the city and shall take effect from and after
the date of its publication in the Dubuque Daily Herald. In
case said Street Railway Company fail to file said acceptance
within thirty days, then this ordinance shall cease to have
any further effect.
Adopted July 9t11, 188:3.
Received the letter of acceptance July rith, 1883.
J. W. HALPIN,
Recorder.
CHAPTER LXIX.
AN ORDINANCE to regulate the conduct and language of
persons in and about the Dubuque Street Railway Cars and
Buildings.
SEC. 1. Conductors special officers. SEC. 3. Cars not to be obstructed.
2. Disorderly conduct punished.
Be it Ordained by the City Cowieil of the City of Dubuque:
SgCrioN r. That all drivers, conductors, or employes of
Dubuque Horse Railroad Company, are hereby made special
police officers, without any salary to be paid by the city, and
are authorized and elnpowered to arrest and prosecute before
any justice of the peace, any and all persons who shall be
found in or around the cars or buildings used or occupied by
said railway company, and such employe so empowered,
shall preserve order in and about the cars, and any and all
persons behaving in an indecent or disorderly manner, or
using obscene or indecent language, shall be liable to arrest,
and to the penalties hereinafter described.
Sue. 2. Any and all persons who shall conduct themselves
in an indecent or disorderly manner, or using obscene or in-
decent language, in or about the cars or premises of said com-
pany, shall forfeit and pay a sum not less than five, nor more
234 REVISED CITY ORDINANCES.
than fifty dollars for each and every offence, when found guilty
by any justice of the peace, or in any court having jurisdic-
iolt within the city:
SEC. 3. Any person who shall unnecessarily obstruct, or
delay the operation of any street railway car, shall be fined in
any sum not less than five, nor More than fifty dollars, when
found guilty by any justice of the peace, or court of jurisdic-
tion within this city.
CHAPTER LXX.
AN ORDINANCE granting unto William Ryan; his heirs
and assigns, the right to slaughter hogs and horned cattle,
and to carry on the general meat packing business, on land
in the Dubuque Harbor Company's addition to this city. •
Sac. 1. Jtight to erect packing house.
Be it OPdained by the G'ity Council of the City of Dubuque:
SECTION i. Whereas, William Ryan, of Galena, Jo Dav-
iess County, Illinois, proposes to erect a large meat packing
house, on certain land lying east of Iowa street, and between
Dodge and Jones streets, in the Dubuque Harbor Company's
addition to this city, which he proposes to purchase: And,
wlzereas, he is desirous of having secured to him, his heirs
and assigns, forever, the right to slaughter hogs and horned
cattle, and to carry on the meat packing and curing business
in all its branches, on said premises, without which he is un-
willing to make such purchase and to incur the expense ne-
cessary to prepare said premises for said business: And,
whereas, it is to the interest of the city to encourage such
undertakings,and we are willing,and it is our intention,here-
by to secure to said Ryan, his heirs and assigns, the right afore-
said, as fully and effectually as we can do so; therefore, in or-
der to give effect to such intention on our part, and as an in-
ducement to said Ryan to make said purchase, and to carry
out said proposed undertaking, we, the City Council of the
REVISED CITY ORDINANCES. 235
City of Dubuque, do hereby grant to said Ryan,his heirs and
assigns forever, full power and authority to slaughter hogs
and horned cattle, and to carry on the meat packing and cur-
ing business in all its branches, in any land lying east of
Iowa street, and between Dodge. and Jones streets, in the
aforementioned addition to this city, which he has already
bought or may hereafter purchase: Provided, That in the
carrying on of said business he shall not allow filth to accu-
mulate on said premises so as to thereby create a nuisance.
CHAPTER LXXI.
AN ORDINANCE granting to the Dubuque Butchers'Asso-
ciation the right to erect a general slaughter house, and
imposing certain obligations in relation thereto.
Sac. 1. The Association.
�. Rights and conditions.
3. Business carried ou.
4. Facilities for slaughtering.
SEC. a.
Price to be charged.
Council may impose other restric-
tions.
Be it Ordained try the City Council of the City of Dubuque:
SECTION I. • Whereas, The Dubuque Butchers'Association,
an Incorporation under the Laws of the State of Iowa, propose
to erect and maintain on lots 429 and 43o, East Dubuque, in
the City of Dubuque, a large and improved slaughter house,
and necessary yards, stables, etc., with facilities adequate to
do all the slaughtering of animals required for consumption
in said city; and,
Whereas,' The said Association has submitted to the City
Council plans and specifications, showing the general plan;
construction and material of the buildings proposed to be
erected as aforesaid, and 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 all the
slaughtering required in said city may be done, provided the
236 REVISED CITY ORDINANCES.
same can be operated without becoming a nuisance or dele-
terious to the public health and comfort; therefore,
The City Council of the City of Dubuque hereby gives and
grants to said Dubuque Butchers' Association and its success-
ors 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 the 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 comtort or health, and should said building,
premises 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 anytime,
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 specifi-
cations 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 Association to
carry on said business in the buildings aforesaid, provided
said buildings: when so completed and used do not fully an-
swer the purpose,and said business is not carried on in every
particular according to the letter and spirit of the ordinance.
Sac. 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,
REVISED CITY ORDINANCES. 237
whether they belong to said Association or not, and after the
completion 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 here-
inbefore set forth, and any person violating the provisions of
this section shall, upon conviction, be fined not less. than fro
nor more than $20, with costs of prosecution.
SEc. 5. The price to be charged for the use of said prem-
ises for slaughtering may be determined by said Association
for any person using said premises for the purpose of slaugh-
tering, biit the CityjCouncil 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 there-
of 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 Association in the carrying on of said
business on said premises so far as sewerage, cleanliness, etc.,
and general police regulations 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 thereof.
Passed March 5th, 1888.
CHAPTER I,XXII.
AN ORDINANCE granting to the Dubuque & Minnesota
Railway Company the Right of Way through the City of
Dubuque.
SEC. 1. Must grade streets and alleys. Sao. 3. To grade crossings.
2. Culverts.
4. To comply with police regulations
Be it Ordained by Ike City Council cf the City of Dubuque:
That in consideration of the performance of the conditions
238 REVISED CITY ORDINANCES.
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
where the north line of 6th street intersects the center line
of Washington street, at Station o,25i, feet; thence N.
5° 35, E.
Station 1 X 74 9-10 curve to left (intersection angle I0°14')
to Station 5 X 16, thence N. 4° So' W.
Station 12 X 68 curve to left (intersection angle 24° 52') 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 N. 29°
45' W., following the center of Pine street to a point between
Sixteenth street and Seventeenth street.
Station 35 X 38 curve to right (intersection angle 54° 16')
to Station 44 X7, 8 thence N. 25° 10' E.,across Couler Creek
and running through the center of Peosta street.
Station 73 X 48, 5, curve to the left (intersection angle 7°
3o') to
Station 75 X 36, thence N. 17° 10' E.
Station 79 X 12, curve to the right (intersection angle 8°
04') to
Station 83 X 15, 3 thence N. 25° 15' E.
Station 90 X 13, 4 curve to the left (intersection angle 6°
24') to
Station 93 X 33, 4 thence N. r9° E.
Station 95 X 58, 3 curve to the right (intersection angle 6°
02') to
Station 98 X 59, 9 thence N. 25° 02' E.
Station too X 58, 9, curve to the right (intersection angle
12° 2o') to
Station 104 X 7o thence N. 36° 5o' E.
Station 1o6 X 19, 2 curve to the left (intersection angle 9°
16') to
Station 109 X 28, o8 thence N. 27° 45' E.
•
1
REVISED CITY ORDINANCES. 239
Station 116 X 52, 5, curve to the left, (intersection angle
50)
to
Station 119 X 0, 2.5, thence N. 22° 4o' E.
Station 131 X 18, 7, curve to the left, (intersection angle
16° 55') to
Station 136 X 82, 6, thence N. 5° 45` E.
Station 143 X 47, curve to the left, (intersection angle 35°
3r') to
Station 149 X 39, thence N: 3o° 05' W.
Station 152 X 89, curve to the left, (intersection angle 10°
5o'). to
Station 154 X 69, thence N. 4o° 35' W.
Station 164 X 63, curve to the left (intersection angle 5°
02') to
-Station 169 X 495, thence N.-45° 55' W.
Station 171 X 7o, curve to the left (intersection angle
oI') to
Station 173 X 7o, thence N. 49° 15' W.
Station 178 X o5, curve to the left (intersection angle
28') to
Station 179 X 94, thence N. 58°45' W.,crossing the north-
ern boundary of the City of Dubuque at ' Station 181 X 16,
5, and forever thereafter maintain and use the same for the
passage of locomotives, cars and trains of cars, upon the fol-
lowing conditions, to beperformed by said company, viz:
1st. Said company, whenever -required by the city author-
ities, shall, at its own 'proper costs, so • grade any -street or
alley through or over which their track may be laid, , (soiith
of Eagle Point on; the south line of mineral lot 305ft) so as to
afford an easy passage for carriages and other vehicles on
either side of said. track and shall, keep said . track properly
ballasted, and the space . between the rails rand. to the .end of
the ties so graded that carriages and other. vehicles..may easi-
ly pass over the same.
4°
9°
240 REVISED CITYnORDINANCES.
znd. That on each side of each street or alley, at the place
where said track crosses the same, said company shall con-
struct and maintain suitable culverts and drains that will ad-
mit the free passage of all water that may flow down such
street or alley.
3rd. 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 costs, 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 wag-
ons and other vehicles.
4th. 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 31st, 1870.
CHAPTER LXXIII.
AN ORDINANCE granting to the Dubuque, Bellevue &
Mississippi Railway Company, and to the Dubuque & Min-
nesota Railway Company the right of way through the
City of Dubuque.
SEo. 1. Must grade on each side of track. Sc.E4. City police regulations.
2. Culverts and drains. 5. Company notice of acceptance.
3. Must grade street and alley.
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
REVISED CITY ORDINANCES. 241
hereby granted to the Dubuque, Bellevue and Mississippi
Railway Company, their successors and assigns, and to the
Dubuque & 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 cen-
ter line of Eleventh street in said city, thence along the cen-
ter Iine of Pine street in an easterly direction to the west line
of the old canal, thence southerly along the west line of the
old canal to 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 & Du-
buque 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 thereafter maintain and use the same for the pas-
sage of locomotives, cars, and trains of cars, upon the follow-
ing conditions to be performed by said companies, viz:
1st. companies, whenever required by the city au-
thorities, shall fill and raise to high water hark the streets,
alleys and highways, along or over which either of them may
lay such track, and so grade the salve 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.
znd. 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 suit-
able culverts and drains, that will admit the free passage of
all_ water that may flow down such street or alley.
242 REVISED CITY ORDINANCES.
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 perinit an easy passage of teams and wagons
under said track.
3rd. 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 or plank the space between.
the rails the entire width of such street_or alley, in such man-
ner as will afford an easy passage fol. wagons and other vehi-
cles.
4th. ! . 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.
5th.. 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 Tunes at the expense of said companies.
Passed February 2. 1871.
CHAPTER I,XXIV.
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.
SEC. 1. Rights and privileges.
2. The streets and alleys.
3. :City•hascontrol:of company iu
certain things.
SEc. 4. Shall maintain culverts.
5. Crossings kept in good repair by
company,
6. Police regulations.
Wlaereass The Chicago,. Milwaukee & St. Paul Rail,
way Company as,the successors of the Chicago;, Clinton, Du=
buque and Minnesota Railway and other railway companies,
REVISED CITY ORDINANCES. 243
requires greater trackage and increased facilities for transact-
ing 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 Oitu of Dubuque:
SECTION i. That all the rights. and privileges heretofore
granted by this city under an ordinance adopted Feb. 2, 187r,
entitled "An Ordinance granting to the Dubuque, Bellevue
& Mississippi Railway Company and to the Dubuque & Min-
nesota 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
succeeded either or all of the companies named in said ordi-
nances in the ownership of their respective railroads,are here-
by fully ratified, confirmed and re assured to said Chicago,
Milwaukee & St. Paul Railway Company, which is hereby
reNognized as the successor in ownership, and as being enti-
tled to all the rights and privileges heretofore granted by this
city to any of said companies.
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 or
more railway 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 railway track was granted by said ordinance adopted
February 2, 1871, to the said Dubuque, Bellevue & Mississip-
pi Railway Company and the Dubuque & Minnesota Railway
Company, and by said ordinance adopted October 31,187o, 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
244
REVISED CITY ORDINANCES.
use a part of Front street lying east of said lot 747, upon
which to construct a depot and proper approaches thereto,
resting partly upon said last named lot and said From street,
as may be located by said company, that part of Front street
,upon which said depot may be built as aforesaid being as fol-
lows, 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 (2r)
feet of the center line and parallel with the present main line
of the Chicago, Milwaukee & St. Paul Railway, and more
particularly designated by reference 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, 27o by 5o,"
and showing the proposed location of said depot. The said
Chicago, Milwaukee & St. Paul Railway Company to have
and use all the above granted rights and privileges to itself,
its assigns and successors for the purposes 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 o
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 t he
space between the rails and to the ends of the ties so graded
that all vz'.iicles m &y easily piss thereover, and shall plank
the space between the rails on the streets aforesaid when re-
quired by said city so to do.
SEC. 4. That on both sides of each street or alley, at the
'place where any track inay cross the same, said company
shall construct and maintain suitable culvert drains to admit
the free passage of all water that inay flow down such street
or alley.
REVISED CITY ORDINANCES. 245
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 I,XXV.
AN ORDINANCE vacating the sidewalk on the east side of
White street from Fourth to Sixth street and dedicating
the premises included therein to general highway purposes,
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 street, 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 side-
walk; and, Whereas, to snake 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 com-
pany desires to be assured in the right of itself and the public _
generally so to use said sidewalk; therefore,
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That that portion of White street along the
246 REVISED CITY ORDINANCES.
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 maintain
its buildings as aforesaid designated and set apart for general,
highway purposes, and said company and its assigns are
hereby empowered, and by acting on the permission hereby
given shall be 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, under 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 same, and to pass to or from the same,
and all ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Snc. 2. The Chicago, Milwaukee & St. Paul Railway
Company, i''s successors and assigns, in consideration of the
vacation of said sidewalk, hereby obligates itself, whenever
required by said city,to construct and maintain at its own ex-
pense, suitable drains, sewers and culverts for public drain-
age, over and across the sidewalk aforesaid and premises
adjacent thereto; and also along Sixth street abutting upon
said premises 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, 1A$1.
REVISED CITY ORDINANCES.
247
CHAPTER I,XXVI.
AN ORDINANCi 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 le; ee.
SEC. 1. Bridge company. SEC. 2. Must keep streets in repair.
Be it U.'daiied by the City Council of the City of Dribuque:
SECTION i. That the right of way be and is hereby grant-
ed to the Dunleith & 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 ly-
ing 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 north-
erly along the west side of Iowa street to Second street;
thence to west side of inner levee; thence along west side of
inner levee to north side of Sixth street; thence northerly
along 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 abnt the westerly end of. said bridge at the outer le-
vee 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 run-
ning of trains,the speed of the same, and all other proper po-
lice regulations: Provided, That the rights herein granted to
the said Dunleith & Dubuque Bridge Company shall cease
and determine as to all streets, alleys or other property not
actually occupied by the tracks of said company or selected
by said company for track or tracks,to be forthwithtonstruct-
ed within three years from the date of this ordinance,
248 REVISED CITYi1ORDINANCES.
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,
CHAPTER LXXVII.
AN ORDINANCE authorizing and to provide for aiding the
construction of a wagon and foot bridge over the Missis-
sippi River, between the City of Dubuque, in the State of
Iowa, and the Town of East Dubuque, in the State of Illinois.
Sac. 1. Permission granted for wagon bridge. SEC.
2. Bridge where built.
3. Construct appproach.
4. City give $2.5,000.
5. Exempt from taxation.
0. City $x toll.
7. City may own bridge,
A. Mayor one of directors.
9. Comp'y furnish statements.
10. Mutual contract.
11. City superintend construc-
tion.
12. Use not diverted. .,
13. Construction commenced.
14. Acceptance.
Be it Ordained by the City Council of the City of 1Jubuque:
SECTION i. That authority and permission be and is here-
by granted to the Dubuque Pontoon Bridge Company to con-
struct and maintain from the Iowa shore of the Mississippi
River, at or near the foot of Pine street, in the City of Du-
buque, Iowa, across the 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. That said bridge shall be built below and as near
the present railway bridge of the Dunleith & Dubuque
Bridge Company as shall be practicable, without interference
with said railway bridge, the exact location of the same with-
in the City of Dubuque to be subject to the approval of the
City Council of said city. The said bridge shall be construct-
ed in an entirely safe and substantial manner, with stone piers,
REVISED CITY ORDINANCES. 249
and iron or steel superstructure, and a draw of such dimen-
sions and character as shall be approved by the Secretary of
War. The draw may be dispensed with,provided the super-
structure of said bridge across the span below and in line with
the present railway bridge of the Dunleith & Dubuque
Bridge Company next west of the central draw pier of said
railway bridge, shall be constructed of a height sufficient to
permit the free passage under the same at all stages of water
of steamboats and other watercrafts 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 sep-
arate walk for foot passengers. Before the commencement 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, the Dubuque
Pontoon Bridge Company shall be authorized to construct a
suitable approach to the same, over or across the outer levee,
but said approach shall be constructed in such a manner and
on such a plan as shall cause the least possible obstruction in
the use of said levee by the public, as a highway or landing,
and shall not interfere with the right of way along 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 be
submitted to and 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
250 REVISED CITY ORDINANCES.
said city, to be used solely in the construction of. said bridge,
the sum of twenty-five thousand dollars ($25,000), 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 approvtd by an engi-
neer experienced in the construction of such bridges, selected
by the City Council for that purpose, that the work of con-
structing said bridge is fully oue-half completed, and the re-
maining one-half of said sum when said bridge shall be ful-
ly 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 necessary .to enable said bridge
company to complete. and pay. for the construction of said
bridge, including the amount to be contributed by the city,
have been fully secured.
SEC. 5. The City of Dubuque further agrees that until
the revenues derived from operating said bridge by the Du-
buque Pontoon Bridge Company shall be sufficient to pay a
net annual dividend or interest of eight (8) per cent. on the
money actually invested in the construction of said bridge
and its approaches, less the $25;00o 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 smile from city taxation, the
City of Dubuque .shall have the right to fix the rate of charg-
es 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 exemption
it is hereby expressly stipulated that if at any time the City
REVISED CITY ORDINANCES. 251
of Dubuque shall. 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 and control,and to operate
the same by paying yearly, at the end of each year, to said Du-
buque Pontoon Bridge Company, the net annual interest of eight
(8) per cent. on the actual cost of constructing said bridge and
its approaches, less than twenty-five thousand dollars contri-
buted by said city. In such case the City of Dubuque shall
itself keep said bridge in 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 inay pay back to the city the said twenty-
five thousand dollars by it contributed toward constructing
the :bridge., without interest, and thereafter may have, hold
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. In further consideration of the aid and exemption
herein before stipulated on the part of the City of Dubuque,
it is provided and agreed by said' Dubuque Pontoon Bridge
Company that the Mayor of said city shall be ex-o fcio a
member of the board of directors of said bridge company,
with the sane powers and authority as the other directors
thereof.
SEc. 9. It is. expressly provided, and conditioned, that
whenever required by resolution of the City Council said
bridge company shall furnish said Council with statements in
writings 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 from operating
the same. The Mayor, Auditor and. Assessor- of said.city, or
either or any of saidofficers, shall have the authority and
right at any time to examine the books and records.of said
company for the purpose of comparing•orverifying-suchsstate-
meia.ts, or of ascertaining the .actual cost of the bridge and
252 REVISED CITY ORDINANCES.
the receipts from the expense of operating the same for the
purpose of ascertaining the rights of the city under sections
five and seven of this ordinance; no payments or indebted-
ness for interest on money borrowed by said company shall
be considered or taken into account.
SEC. io. That it is expressly understood that this ordi=
nance when accepted by said Dubuque Pontoon Bridge Com-
pany, shall be 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. Tr. The City of Dubuque reserves the right to su-
perintend 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 one (i) of this ordinance, nor
diverted from such use without the consent and approval of
the City Council of the City of Dubuque expressed by ordi-
nance.: And in case of a violation of this condition, or if said.
bridge shall pass into the possession and ownership or under
the control of any other company or persons, without the con-
sent 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
($25,000) stipulated in section four (4) to be paid to the Du-
buque 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
REVISED CITY ORDINANCES. 253
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 completed, then
this ordinance shall become absolutely null and void, time
being expressly made a condition hereof. And unless the
work of constructing said bridge shall be fully one-half com-
pleted as contemplated in the provisions of section four (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 four
and five, 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 ordi-
nance, 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 specified, it shall thereupon he published in the Du-
buque Daily Telegraph, and take effect and be in force from
and after such publication.
Passed August 2nd, 1886.
To the Honorable Mayor and City Council of the City of Du-
buque:
GENTLEMEN:
Pursuant to the terms of section i4 of an ordinance adopted
by your honorable body August 2nd, 1886, entitled "An Or-
dinance authorizing and to provide for aiding the construction
of a wagon and foot bridge over the Mississippi river; between
the City of Dubuque, in the State of Iowa , and the town of
East Dubugne,in the State of Illinois," I, Bernard J. O'Neil,
President of the Dubuque Pontoon Bridge Company, and ful-
ly authorized and empowered by said company to accept the
terms and conditions of said ordinance, do hereby notify your
254 REVISEDCITY ORDINANCES.
honorable body of such acceptance thereof. In witness
whereof, I have hereunto set' my hand this 4th day of August,
A. D. 1886.
THE DUBUOUE PONTOON BRIDGE COMPANY,
BY BERNARD J. O'NEII,,
Attest: John McDonald, Secretary. President.
CHAPTER LXXVIII.
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.
SEC. 1. Company to lay truck. Sac. 4. Track to be laid to grade.
2. Where to lay: 5. Notice of acceptance.
3. To grade alley.
Befit 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 and operate a single railway
track from a convenient point on the Bridge Company's track,
north of First street and south of Second street, to the alley
on 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 & Missis-
sippi Railway Company and to the Dubuque .& Minnesota
Railway Company the right of way through the City of Du-
buque," passed February end, 1871, be, and the same is
hereby so far modified, that the said Dubuque, Bellevue &
Mississippi Railway Company, and said Dubuque & Minne-
sota 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 authorized,on the other side of the same.
SEc. 3. -That whenever required by the City Council of
REVISED CITY ORDINANCES. 255
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
maintain suitable culverts and drains,so that the free passage
of water shall not be interfered with by the track hereby per •
]pitted, shall at street crossings plank between the rails, 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 re-
lation to the running of trains on said track within the limits
of this city.
SEc. 4. 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 be-
cause of such change.
SEC. 5. That this ordinance shall be in force from _and
after notice in writing of the acceptance thereof by said Illi-
nois Central Railroad Company, given to .the Mayor of this
city, and the publication of this ordinance in the official pa-
pers of the city, at the expense of said company.
Passed December 2nd, 1874.
256 REVISED CITY ORDINANCES.
CHAPTER LXXIX.
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 City of Dubuque.
SEC. 1. .Rights extended. SEC. 3. City may revoke privileges.
2. Eighth street crossing. 4. Ordinance in Three.
Re it Ordained by the City Council of the City of Dubuque :
SEcT1ox 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 privi-
leges and under the same conditions, limitations and restric-
tions as are given and imposed by the ordinance authorizing
and regulating the Dubuque Lumbermen & Manufacturers'
Railroad Company, adopted July loth, 1879.
SEC. 2. Provided, That in the construction of said track
across Eighth street, the same be so constructed as not to in-
terfere 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 pri-
vileges hereby granted at any time after five (5) 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.
REVISED CITY ORDINANCES. 267
CHAPTER LXXX.
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:
SEcT1ON 1. That permission be and is hereby granted to
the Illinois Central Railway 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.
Sue. 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 pas-
sage 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 far as the
obstruction 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 inay revoke the
rights hereby granted.
Passed July 3, 1882.
CHAPTER LXXXI.
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 succes-
258:
REVISED CITY ORDINANCES.
ors 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 _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 he twenty-eight (28) feet distant
from the center line of said new track; thence southerly and
parallel to said Bridge Company's track, maintaining said
distance from ceiiter to center therefrom, 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 successors
or assigns, on block nutnber two (2) in the Dubuque Harbor
Company's additon 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 Company's ad-
dition, 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 War-
ren 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 Dubuque and said Il-
linois 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
REVISED CITY ORDINANCES. 259
of this ordinance, shall be taken to contract, and agree as
follows: 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 resolution of the City Council of this city, heretofore
passed on the subject, it will fill to grade the west one hun-
dred feet of blocks two, three and nine, and the east half of
blocks one and ten, in the Dubuque Harbor Company's ad-
dition; that it will fill Iowa street to its full width between
First and Jones street, and construct and maintain a substan-
tial plank sidewalk four 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 between the rails of all its
tracks on Iowa street where it joins First street and on First
street, and in a similar manner between 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 aforesaid 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 this 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
260 REVISED CITY ORDINANCES.
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
maintain the same in good order and condition; that it will
carry all sewers and drains crossed by any of said tracks un-
der 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 property 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 abutting property; that all of said work shall be
done to the satisfaction of the City Council of this city, and
the planking hereinbefore provided •for shall be done so that
vehicles can easily 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 af-
ter such request is made, and for a reasonable compensation,
in no event to exceed the sum of six thousand dollars, and
after proper legal authority is assured to it by the city author-
izing it so to do, do whatever filling may be necessary to pre-
pare a bed on which one snch 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 not at any point to
-be more than fourteen feet east from the center line of the
• I+
REVISED CITY ORDINANCES. 261
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
aforesaid 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 es-
tablished .by the City Council, and shall be raised or lowered
by 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, 18843.
CHAPTER LXXXII.
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 cf the City of Dubuque:
SECTION r. That permission be, and the same is hereby
granted, to Caleb H. Booth and Henry L. ,Stout, their suc-
cessors, 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.
262
REVISED CITY ORDINANCES.
SEC. 2.. The said franchise is given upon the express con-
dition, that the track so permitted to be laid and operated
shall be put in at a grade tobe approved by the City Council,
and in such a planner 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 farther condition that the City
of Dubuque shall have the right to impose any reasonable po-
lice regulations yin connection with the use and operation of
said track, and also to require said Booth & Stout, their as-
signs or legal representatives, 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 water ways 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. q.. 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 shall cease and determine.
Passed January 8, 1888.
REVISED CITY ORDINANCES. 263
r.
CHAPTER LXXXIII.
AN ORDINANCE granting to the Dubuque & Northwest-
ern Railway Company, its successors and assigns, the right
of way across and along certain streets, alleys and public
places in the City of Dubuque, for the purpose of construct-
ing and operating its railway thereon.
Be it OF•dained by The Oity Council of the City of Dubuque:
SECTION r. That the right of way be, and is hereby granted,
the Dubuque & Northwestern Railway Company, its success-
ors 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 fol-
lowing limits, to -wit: all streets, alleys and public places ne-
cessary 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
twenty-nine (29), and continuing as nearly parallel as may be
practicable to the present track of the Chicago, Milwaukee &
St. Paul 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 (23) street, and across Twenty-third
(23), Twenty-fourth (24), and Twenty-fifth (25) streets, and
across the Peru road; also the right of way to use and occupy
with its tracks the easterly thirty-five (35) feet of lots number
two hundred and twelve (212) to two hundred and sixteen
(216) inclusive, in the East Dubuque addition to the City of
Dubuque; also the right of way to occupy with two (2) tracks
a strip of ground twenty-eight (28) feet wide and commencing
at a point on the alley next south of Sixth (6th) street exten-
264 REVISED CITY ORDINANCES.
sion, adjoining and immediately east of the right of way
granted to the Illinois Central Railroad Company by ordi-
nance on the 8th day of January, 1883, and extending thence
southerly, adjoining and parallel with said right of way of
the Illinois Central Railroad Cornpany to Third (3rd) street;
also the right to occupy with a single track a strip of ground
fourteen (14) feet wide, lying east of and adjoining and paral-
lel with Illinois Central Railroad Company's right of way
from Third (3rd) street to First (ist) street, in the City ofDu-
buque.
SEC. 2. That the rights and privileges contained in sec-
tion one (i) are granted on the following express conditions,
to -wit:
First. That unless the Dubuque & Northwestern Railway
Company shall have at least five (5) miles of its road fully
completed, so that trains may run thereon, on or before the
1st 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 (28) foot strip of ground herein mentioned
and on the fourteen (14) foot strip between Third (3rd) and
First (1st) streets, on or before the 1st day of July, 1888; and
the second track filled and rails laid on or before the 1st day
of Jury, 1889, all grants and privileges to the said twenty-
eight (28) foot strip of ground and the fourteen (14) foot strip
between Third (3rd) and First (1st) streets to be forfeited.
Third. That the filling for the single track between First
(1st) and Third (3rd) streets, shall extend as far easterly be-
yond 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 Sec-
ond (2d) street shall be extended easterly beyond said track
REVISED CITY ORDINANCES. 265
and graded and protected with hard material upon the sur-
face to the same slope it now has, and left in as good condi-
tion as it was before the work was commenced.
Fourth. The grant herein contained of right of way be-
tween First (1st) and Third (3d) streets shall be subject to all
the provisions and restrictions contained in sections 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 amend-
ment 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 (14) foot strip upon the terms of reasonable charge
for like service as provided in the laws aforesaid; and suld
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 con-
clusive 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, ascer-
tain and compensate abutting property owners 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 16, 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 keep the space between the rails
and at the end of the ties so graded that carriages and other
266 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 287
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 ds-
tablish' 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
Railway 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 & North-
western 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. b. All ordinances heretofore passed by the City of
Dubuque in conflict with this ordinance are hereby repealed.
Passed June I th,1BSf .
C IAPT}R LXXXIV.
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 I. That authority is and the same is hereby
granted to the Chicago; Burlington & Northern Railroad
Company, its successors and assigns, to use so much of the
highways and public grounds, in the City of Dubuque, as
may be necessary on which to construct, operaL-e, 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
(28).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
Railway Company, on the 8th day of June, A. D. 1885, and
extending thence southerly adjoining and parallel with the
right of way of said Dubuque & Northwestern Railway Com-
pany, to and across Third street; also over a strip of ground
twenty-eight (28) feet wide, - commencing on the south side
of Third street, at a point adjoining and immediately east of
the right of way, fourteen (rq.) feet wide, granted to the Du-
buque & Northwestern Railway Company, by the ordinance
aforesaid, and extending thence southerly adjoining and
parallel with the said right of way to First street.
b. Also for a single track from a connection with the
tracks last above described at First street, thencesoutherly
across said street to and along Iowa street, immediately east
of and fourteen (14) feet from the center line of the Dunleith
& Dubuque Bridge Company's track as now constructed
•
268 REVISED CITY ORDINANCES.
•
thereon to and across Jones street, thence by the most prac-
ticable 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 a northerly direction on Warren street, and
across Jones street to First street extension.
c. Also the right of way, for a single track from a connec-
tion with the track first described in the foregoing paragraph,
on Iowa street at the most practicable northerly point there-
on 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 a.icl 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 sarne
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
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-
REVISED CITY ORDINANCES. 269
tion with the tracks first described in paragraph a,at or near
the alley next south of Sixth street in a northerly direction
across streets and alleys necessary to be crossed to a connec-
tion with the Duuleith & Dubuque Bridge Company's track.
g. Also the right of way from connections with the tracks
autlrbrized in paragraph a of this section,at convenient points
to and through the lots and lands owned by said Railroad Com-
pany in Booth's addition, and across all streets and alleys ex-
tending through the sarne north and south of Third street ex-
tension, and also from a connection with said tracks easterly
along Third street extension to the outer levee at. the Missis-
sippi river,and across all streets intersecting said Third street
extension: Provided, however, That said Railway Company
shall keep open and maintain in good condition for travel, a
roadway at least twenty-five feet wide across its grounds, from
the outer levee in the vicinity of Third street extension west-
erly to .the inner levee, so called, at or near the Third street
bridge, until some other equally convenient roadway shall,in
the judgment of the City Council,accornrnodate 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 con-
venient point thereon north and south upon and along the
outer levee, so called, from Commercial street to the Ice
Harbor.
h. Also the the right of way for a single track from a
connection with the tracks first described in paragraph a
hereof, at or near the alley next south of Sixth street exten-
sion, thence in a northerly direction across said alley, Sixth
street extension, Washington and Wall streets, and all alleys
lying between said streets to Seventh street, thence along
Seventh street to Commercial street, thence along Commer-
cial street and across all streets intersecting the same to the
Mississippi river:
270 REVISED CITY ORDINANCES.
I. Also the right of way for a single track from a connec-
tion with the tracks first described in paragraph a hereof, at
or near the alley next south of Sixth street in a northerly di-
rection by the most practicable rcute across all streets, alleys
and public grounds east of Elm and bake streets to the
Eagle Point Ferry landing. Provided, That said Railroad
Company shall, before constructing the tracks herein author-
ized, upon any street or alley,ascertain and compensate abut-
ting property owners for any injury that may bescaused to
such property 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
railroad 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 Dubuque, and described as follows: beginning at the
northeast corner of lot 528, thence easterly along the south
line of Second street extended thirty-eight (38) feet, four (q)
inches, thence southwesterly to the southeast corner of lot
528, thence northerly along the east line of said lot to the
-place of beginning. 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 corner 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
one (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 Com-
•
REVISED CITY ORDINANCES. 271
pany 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 ap-
prove.
SEC. q.. The tracks herein authorized to be constructed,
upon South Main street, Seventh streett 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 oc-
cupied 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 cross -
ings, to plank one-half the space between said company's
tracks and such other tracks, whenever required so to do by
the City Council, and shall comply with all police regula-
tions.
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 change of grade at the expense of
said railroad company.
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 oc-
cupy 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 occupied whenever the City of Dubuque shall grant the
272 REVISED CITY ORDINANCES.
same .to any railway company extending its lines into the
City of Dubuque, and upon repayment to said Chicago, Bur-
lington & 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
Chicago, 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
operating railroads in the City of Dubuque,without the con-
sent of the City Council expressed by ordinance. This pro-
vision 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 Chi-
cago, Burlington & Norihern Railroad Company.
SEc. g. It is further expressly provided that the rights of
way hereby granted to said Chicago, Burlington & Northern
Railroad Company to lay its tracks on Seventh and Commer-
cial streets, outer Levee, Warren, Water, Iowa, Main and
West Main streets shall not he exclusive to said company,
but all tracks constructed and operated upon said streets by
said company shall be subject to the right of all railway com-
panies now or hereafter operating railroads within the City
of Dubuque, to have their cars transferred over said tracks
without delay or hindrance, at reasonable rates, provided
that no railway 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 therefore shall be fixed and determined by the City
Council, which shall finally regulate the same.
REVISED CITY ORDINANCES. 273
SEC. io. The rights and franchises herein granted are
subject to the following conditions and limitations: Said
Chicago, 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 passenger 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 busing :s the line of said company into the
City of Dubuque. The tracks on Main and West Main
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 forfeit all right to occupy and use
the same.
SEc. Ir. 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
inay be made a party, and in any manner arising out of the
grant to said Railway Company of the rights and franchises
herein contained, said Chicago, Burlington & Northern Rail-
road Company shall, upon being notified of the pendency of
any such action, snake 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 accept-
ance of its terms and conditions by the President of said Rail-
274 REVISED CITY ORDINANCES.
road Company, "in writing, within sixty days from the date of
said publication.
Adopted February lOth, A. D.:1886.
RECORDER'S OFFIck, CIV HALL,
DUBUQUE, IowA, March 17th, 1886.
To the Common Council of the City of Dubuque:
Pursuant to the terms of section twelve (12) of an ordinance
adopted by your honorable body February Toth, 1886, enti-
tled,
"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,"
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 tenns 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
i8th day of February, A. D. 1886.
THE CHICAGO, BURLINGTON & NORTHERN R. R. Co.
By A. E. Touzalin, President.
REVISED CITY ORDINANCES. 275
CHAPTER 14XXXV.
AN ORDINANCE to regulate the running of railroad trains
and engines, and to prevent unlawful interference with the
cars, switches and other property of railroad companies in
the City of Dubuque...
Sec. 1. Speed not to exceed six miles an
hour.
2. Dell to be rung constantly.
3. Not to obstruct crossings.
4. Violation of this ordinance pun-
ished.
SEc. 5. Interference with punished.
6. Getting on or off while in motion
punished.
7. Mayor may appoint employes as
special policemen.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That no railroad train, or engine with or
without cars attached, shall he run within the limits of the
city at a greater speed than six miles an hour.
SEc. 2. That the engineer of every engine, while running
within the city limits, shall cause the bell to be rung con-
stantly while such engine is in motion.
SEC. 3. That no railway company, nor any officer or em-
ploye thereof, shall allow any engine, car or train to stand on
the crossing of any street within the city, in such manner as
to obstruct the passage of teams, or persons passing on foot,
over such railway track, longer than five minutes at any one
time.
SEc. 4. That any engineer of other person ii"1 charge of an
engine, who shall violate the first or second sections of this ordi-
nance, and any officer, conductor, engineer, agent, or employe
of any railroad company, who shall violate the third section of
this ordinance, shall, upon conviction thereof, be fined not
less than five, nor more than fifty dollars; and any railroad
company whose officers, agents or employes shall violate the
provisions of this ordinance, shall forfeit and pay for each of-
fence a penalty of twenty-five dollars, to be recovered in any
court having jurisdiction thereof.
SEC. 5. That 'any person not authorized so to do, who
f
276 REVISED CITY ORDINANCES.
shall meddle with or in any manner interfere with any rail-
road switch, car or other property, of any railroad company
in said city, shall be subject to a fine of not less than five nor
more than fifty dollars.
SEc. 6. That any person not an employe of sucli com-
pany, or an officer of the law, who shall at any place in said
city, other than the established depots, get on or off any en-
gine, or car of any railroad company, in said city, whilst
such engine or car is in motion, or at any place in said city
get on any engine or car of any railroad company without
the consent, expressed or implied, of the person in charge of
snch engine or car, shall be subject to a fine of not less than
one nor more than twenty dollars.
SEC. 7. The Mayor of said city may appoint as special
policeman for said city (without pay) any watchman em-
ployed by any railroad company in said city; and such watch-
man, after being first duly sworn in by the Mayor, shall have
full power and authority, with or without a warrnnt, to arrest
and bring before the proper tribunal any person found violat-
ing any provision of this ordinance.
CHAPTER LXXXVI.
AN ORDINANCE to'regulate and provide for the dress to
be worn by the members of the police force in the City of
Dubuque.
Be it Ordained by the City Council of the City of Dubuque:
That the dress to be worn by the members of the police
force of the City of Dubuque, shall be as follows, viz:
SECTioN i. The full dress for all members of the Dubuque
City Police, for winter wear, shall be of navy blue cloth, pure
indigo dyed, and all wool.
REVISED CITY ORDINANCES. 277
DRESS COAT.
SEC. 2. Marshal —Shall be a double breasted fr°bck, but-
toning close up under the chin; the waist to extend to the
top of the hip, and the skirt to extend from two-thirds to
three-quarters of the distance from the articulation of the hip
joint to the bend of the knee; two rows of gold gilt police
buttons on the breast, seven in each row, placed in equal dis-
tance, the distance between each row to be five and one-half
inches at the top and three and one-half inches at the bottom;
rolling collar of blue black silk velvet, to rise no higher than
to permit the chin to turn freely over it; cuffs three and _one-
half inches deep, and to button with three small gold gilt po-
lice buttons at the under seam; one pocket on each inside
breast, and one pocket in each skirt behind; and one at the
hip ranging with the lowest breast button, and one at the
end of each pocket, making four buttons on the back and
skirt; the body to be well wadded, and the body and skirts
to be lined with black Italian cloth; and the sleeves with
light colored silesia.
SEC. 3. For Captains and Deputy -Marshal, the same as
for the Marshal.
SEc. q.. Patrolmen and all other members of the force,
the same as for the Captains, except it shall be single breast-
ed, with one row of buttons on the breast, placed at equal
distances; the collar will, be of the same material as the coat,
the sleeves will be made without cuffs, and no buttons will
be worn on the seam.
PANTALOONS.
SEC. S. The pantaloons shall be made for all members of
the force alike, and plain, with one hip pocket in addition to
the ordinary pockets.
VEST.
SEC. 6. The vest shall be made alike for all members of
the force; single breasted, buttoning high in the neck, with
278
REVISED CITY ORDINANCES.
standing collar, and eight small buttons placed at equal dis-
tances.
NECK TIE.
SEc. 7. All members of the force shall wear black silk
ties.
CAPS.
SEC. 8. Saute as used by Chicago City Police, Philadel-
phia pattern, for all members except Marshal, Deputy and
Captain, which shall be distinguished from the others by
bands of gilt lace five -sixteenth of an inch wide at the base.
OVERCOAT.
SEC. 9. For Marshal —Shall be double breasted, but-
toning close up under the chin,. with turn -over collar of
blue black silk velvet, *the waist shall extend to one inch be-
low the top of the hip, and the skirt to three inches below
the bend of the knee, and all edges shall be swell and stitched one-fourth of an inch from the edge ; there shall be
two rows of gold gilt police buttons on the breast, five in each
row, placed at equal distances, the distance between each row
to be six inches at the top and four inches at the bottom ;
four buttons.on the back and skirts, the two upper ones to
range with the two lowest buttons on the breast, and the two
lower ones at the end on each pocket, and two small gold gilt
police buttons on the under seam of each cuff; there shall
be a buckskin -lined pistol -pocket on inside left breast, an
ordinary pocket on inside right breast, and one pocket be-
hind in each skirt ; the body of the overcoat shall be well
wadded, and the body and skirt lined with a light -weight
dark -colored kersytnere or its equivalent, and the sleeves
lined with heavy light-colored silesia.
SEC. to. For patrolmen and all other members of the
force, the same as for the Marshal, except the collar shall be
of same material as the coat, and there will be no buttons
worn on the under seam of the cuffs.
REVISED CITY ORDINANCES.
279
SEC. II. The full dress for all members of the Dubuque
City Police, for summer wear, shall be navy-blue blousing,
pure indigo -dyed, and all wool.
COAT.
Sic. 12. For the Marshal, Deputy Marhal and Captains,
shall be a single-breasted sack, buttoning close up under the
chin, with turn -over collar of blue -black silk velvet, and one
pocket on the inside left breast. The sack shall extend one-
half of the distance from the articulation of the hip joint to
the bend of the knee, and shall have four gilt buttons on the
breast, placed at equal distances, and three small gold gilt
p kfce buttons on the under seam of each cuff. The body of
the sack shall be lined with black Italian cloth:_ and the
sleeves with light-colord silesia; shall be made without wad -
'ding.
Suc. 13. For the patrolmen and all other members of the
force, the same as for the Marshal, except the collar will be
of the same material as the coat and there will be no buttons
worn on the under seam of the cuffs.
PANTALOONS, AND VESTS.
SEC. Id.. For all members of the force alike, and to corre-
spond in style and pattern with those prescribed for winte
wear, except the Marshal and Captains may wear a vest of
white linen.
NECK TIE.
SEc. 15. For all members of the force the same as pre-
scribed for winter wear.
INSIGNIA AND MANUAL.
SEC. 16. The star, buttons, and book of rules and regula-
tions, club and belt, will be furnished by the city, at the of-
fice of the Marshal, to all members of the force, free of cost,
to remain the property of the city, and to be returned to the
office of the Marshal at once, whenever any metnber shall se-
280 REVISED CITY ORDINANCES.
•
ver his connection with the force, in as good condition, natu-
ral wear and tear excepted, as when received; and all mem-
bers of the force will he required to pay for the loss or dam-
age to same, which may arise from their own wilfulness or
neglect.
THE WEARING OF UNIFORM, INSIGNIA AND EQUIPIVIENTS.
SEc. 17. All members of the force will wear the prescribed
uniform at all tunes when on diity,or when appearing in pub-
lic, unless especially authorized by the Marshal to appear in
citizen's dress, and when on duty the coat shall always be
buttoned.
SEc. 18. The prescribed belt, club and star will always be
worn when on duty, but at no other time; and the star will
always be carried about the person when off duty.
SEc. 19. The star will be worn outside on the left breast,
and the belt outside also, with the club in the frog.
SEc. 2o. No member of the force will be required to wear
the club and belt while in the performance of office duty.
SEc. 21. All members of the force will be required to
keep their person and uniforms in a strictly neat condition,
and their uniforms and equipments in perfect order and repair.
- SEc. 22. The time for changing from winter to summer
dress, and vice versa, will be designated by the Marshal.
SEC. 23. All members of the force will be required to
have their clothing made by the tailor selected by the com-
mittee on police, the price of which having first been made a
subject of competition will be designated by the committee,
and of cloth selected, also .`he material for all suits selected
by the same.
SEC. 24. All members shall be required to pay for their
uniforms.•
REVISED CITY ORDINANCES. 281
CHAPTER LXXXVII.
AN ORDINANCE to prohibit blasting within the city
- limits.
REc. 1. Prohibited without permission. SFC. 2. Penalty.
Be it OecIainecl by the City Council of the City of Dubuque:
SECTION r. That it shall be unlawful for any person to blast
rock within the corporation limits of the City of Dubuque,
withgiit first having obtained permission of the committee of
the City Council on streets so to do; and after such permis-
sion is granted the work shall be done under any restrictions
imposed by the street committee, and it shall be the duty of
said committee, and they are hereby authorized, if in their
opinion 'the further continuance of such blasting would be
dangerous to life or property, to notify such person or persons
to.discontinue such work.
• SEc. 2. Any person blasting rock within such limits, or
continuing to blast rock after being notified by the commit-
tee on streets to discontinue the same, shall be punished by a
fine of not more than one hundred dollars in each case.
CHAPTER I,.XXXVIII.
AN ORDINANCE to regulate the manner that conductors
to eave spouts shall be constructed on buildings.
SEC. 1. How to be constructed. SEc. A. Violation of punished.
2.'Marshal to give notice.
Be it Ordained by the Oily Council of the City of Dubuque:
SECTION I. That all conductors of water from the eave
spouts that.discharge into the alleys or streets, on buildings
now constructed or to be hereafter constructed, shall extend
to within one foot of the ground, with an elbow at the lower
end, and a stone or hard brick of sufficient size placed so that
the water discharged through said conductor will be received
on said stone or brick.
282 REVISED CITY ORDINANCES.
SEC. 2. The Marshal shall.give notice to the owners of all
buildings now built when known, to the o upants when the
owners are unknown, construct their saicondnctors so as
to conform to section one of this ordinance; and if . not made
to conform with the requirements of section one, within ten
days after being so notified, said owner or occupants shall,
for each day they so neglect to conform, be liable to a fine of
one dollar and costs of prosecution.
SEC. 3. On all buildings to be hereafter erected, the con-
ductors from said eave spouts shall be constructed as required
by this ordinance, and for any failure to so comply the own-
er shall be liable to a fine of ten dollars, and one dollar fine in
addition for each day he so neglects to comply with the re-
quirements of this ordinance, and the costs of prosecution.
CHAPTER I,XXXIX.
AN ORDINANCE granting the right to generate and dis-
tribute steam by means of pipes under ground.
SEC. 1. Right granted to Dubuque Steam
Supply Co.
2. To repair damages.
SEC. 3. Company liable for damages.
4. Council to regulate.
5. Rights not exclusive.
6 and 7 Junction boxes.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That the right and privilege be, and the same
is hereby granted, to the Dubuque Stearn Supply Company,
of the City of Dubuque, their successors and assigns, to lay
underground, maintain and keep in repairs in any of the
streets or alleys in said city, pipes or conduits for the trans-
mission or conveyance of steam from a central point or loca-
tion in said city, to such other points or places therein as may
be deemed desirable by said company.
SEC. 2. It shall be the duty of said Dubuque Stearn Sup-
ply Company to repair any and all damages that may be `done
to any of said streets or alleys, or to the curbs, gutters or
REVISED CITY ORDINANCES. 283
sidewalks, therein, in laying, repairing or using said pipes or
conduits for the distribution of steam, and not to permit or
suffer any part of said streets or alleys to be or remain in a
bad or dangerous condition on account of anything done by
said company in the subsequent use, repair or re-laying of
• said -pipes or conduits.
Sec. 3. That said company shall be liable for all dama-
ges consequent upon the constructing and operating of said
works to any person suffering the sane.
SEC. 4. That said company shall be subject in the oper-
ating of said enterprise in every respect, to all regulations
and restrictions that the City Council may by ordinance es-
tablish from time to time.
SEC. 5. The rights and privileges by this ordinance given
to said company shall not be exclusive.
SEc. 6. Whenever hereafter the Steam Supply Company
shall find it necessary to open any junction box on Main
street between First and Eighth street, they shall repair the
same by bringing such junction box flush with the surface of
the street, and by•covering the same with an iron cover prop-
erly corrugated or roughened upon its surface, so as to pre-
vent the slipping thereon, and sufficiently strong to support
the heaviest loads ordinarily drawn upon said street. And it
shall be the duty of said company to constantly replace the
macadam when it becomes worn at the edges of any such
cover.
SEC. 7. The work and material used in making such
changes and alterations shall be under the supervision and
subject to the approval of the City Engineer.
Sections 1 to 5 passed June 2nd, 1879, and sections 6 and 7 passed October 14, 1884,
284
REVISED CITY ORDINANCES.
CHAPTER XC.
AN ORDINANCE to regulate the sale and _ inspection of
Kerosene Oil, etc.
SEC. 1. 011 to be inspected. SEA'. 8. Penalty for fraud.
2. Inspector appointed. !I. Selling inferior oil punished.
3. Duty of Inspector. 111. Obstructing Inspector punished.
4. To mark approved or condemned. 11. Enforcement of fines.
5. To keep record. 12. Wholesale dealers to report sales
5. Compensation. monthly to Inspector.
1. When to inspect. 13. Refusing to report punished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. It shall be unlawful for any person or persons
to sell, keep for sale, or offer for sale, any oil, kerosene, pe-
troleum, burning fluid, or other fluid intended for the pur-
pose of illumination. Except such oillhor fluids aforesaid, as
are brought to said city for shipment and shipped therefrom,
and not sold therein for consumption, or to *tilers in and
sellers thereof doing business in said city, without first hav-
ing the same inspected as to quality and measured as to quan-
tity.
SEC. 2. The City Council of the City of Dubuque shall,
at its first regular meeting in the month of April in each and
every year, or as soon thereafter as convenient, appoint a
suitable and competent citizen to act as inspector and meas-
urer of the oils and illuminating fluids mentioned in the first
section hereof, who shall give good and sufficient bond for
the faithful peforrnance of his duty as such inspector and
measurer to the State of Iowa, in such sum and with such
sureties as may be fixed and approved by said Council, with
the right of action thereon to any person who may be ag-
grieved by the misconduct or neglect of such inspector or
measurer.
SEC. 3. Said inspector or measurer shall inspect and
measure all oils and illuminating fluids, named in the first
section hereof, with reasonable dispatch, by applying the
proper fire test thereto, in quantities not less than one pint,
as indicated and determined by some accurate instrument
REVISED CITY ORDINANCES.
285
and apparatus approved and used for testing the quantity and
quality of such illuminating oils and fluids, which instrument
or apparatus the inspector shall provide at his own expense
and cost.
Sic. 4. If the oils and fluids so tested will not ignite or
explode at a temperature less than one hundred and fifty de-
grees Fahrenheit, to be ascertained as aforesaid, said inspect-
or shall, mark plainly and indelibly over his official signature,
with the date thereof on each cask, barrel, tank or packages
so tested, "Approved, fire test being one hundred and fifty
degrees," or more as the saine'tnay prove, with the number
of gallons therein contained. If the same does not prove to
be one hundred and fifty degrees, as aforestated, said inspec-
tor shall hark on each cask, barrel, tank, or package so test-
ed, "Condemned for illuminating purposes, fire test being
—degrees," as the same may prove less than one hundred
and fifty degrees Fahrenheit.
SEC. 5. Said inspector shall keep a record of all inspec-
tions and measures made, as hereinbefore designated, and en-
ter the salve within twenty-four hours thereafter in a book
kept for that purpose, which shall at all times be accessible
for examination within business hours by any person, and
upon the termination of his office, said inspector and meas-
urer shall turn the same over to the clerk or recorder of said
city.•
-
SEc. 6. For the performance of the foregoing duties said
inspector and measurer shall receive a compensation of five
cents for each cask, barrel, tank or packages so tested, the
owner or holder of the oil to be inspected and measured, as
ordained and provided for herein, shall pay for the inspection
and measuring of the same immediately upon the inspection
and measuring thereof.
7. Said inspector and measurer shall not be required
to inspect or pleasure any of the oils or illuminating fluids
286 REVISED CITY ORDINANCES.
mentioned in the first section of this ordinance until the same
has been received and unloaded in said city, or offered for
sale in said city.
SEc. 8. Any inspector who shall falsely brand or mark
any casks, barrel, tank or package, or be guilty of any fraud,
deceit, misconduct, or culpable negligence in the discharge
of any of his official duties as in this ordinance provided; or
who shall directly or indirectly deal in any such oils or fluids
while holding the office of inspector and measurer, shall be
guilty of a misdemeanor, and upon conviction thereof, shall
be punished by a fine not exceeding one hundred dollars, in-
cluding costs of prosecution, or imprisonment not exceeding
thirty days; and shall be liable to the party injured individ-
• ually, and upon his bond for all damages occasioned thereby.
SEc. 9. Any manufacturer or refiner of, or any dealer in
any such oils or fluids as named' in the first section hereof,
who shall sell or offer for sale to any person, for illuminating
purposes, without the same shall have been so inspected, or
shall sell or offer for sale any such oils or fluids as aforesaid,
which is below the test of one hundred ail fifty degrees Fah-
renheit; as provided in section four of this ordinance, or who
shall use any cask, barrel, tank or package with the inspec-
tion brand or mark thereon, the oil or fluid therein contained
not having been so inspected, or who shall counterfeit any
such inspector's brand or mark, shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall be pun-
ished by a fine not exceeding one hundred dollars, including
costs of prosecution, or imprisonment not exceeding thirty
days.
Sue. ro. Said inspector shall have the right at all times
to inspect and reinspect any and all the oils named in the
first section hereof, whenever in his judgment the public
safety and the faithful execution of this ordinance requires,
but shall make but one charge for said inspection and meas-
REVISED CITY ORDINANCES. 287
uring; and any person or persons refusing to said inspector
so inspect said oils, or obstruct, or attempt to obstruct him in
the execution of his said duties, upon conviction thereof shall
'be punished by a fine not exceeding one hundred dollars, in-
cluding costs, or thirty days' imprisonment.
SEc. I r. Upon the non-payment of any fine or penalty
by the defendant against whom the same is rendered, the
court having cognizance of the case shall imprison the de-
fendant or defendants until the said fine and penalty are paid.
SEc. 12. That every manufacturer or refiner of such oils
and fluids as are named in the first section of this ordinance,
or dealer in or 'seller of the same in wholesale quantities of
one barrel or cask, or over, shall once each month, from the
first to the tenth thereof, render to the inspector, provided for
in this ordinance, a -statement in writing and figures, and
verified by the oath of such manufacturer, refiner, seller or
dealer, showing the naives of the person or persons and the
quantity to whom sold, and the quantity in gallons, barrels
or casks sold by him in said city during the month preceding
such statement —except such oils or fluids as aforesaid, as are
brought to said city for shipment and shipped therefrom, and
not sold therein for consumption, or to dealers in or sellers
thereof doing business in said city.
S>;c. 13. Any manufacturer, refiner of, dealer in or seller
of such oils or fluids, who shall refuse to render the statement
provided for herein, and in manner and form, and at the time
herein specified, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not exceeding
twenty-five dollars or less than five dollars, with cost of pros-
ecution.
288 REVISED CITY ORDINANCES.
CHAPTER XCI.
AN ORDINANCE concerning drains and sewerage.
SEC. 1. Surface water not to be obstructed.
2. Power of City Council.
3. Council may confirm acts of com-
anissioners.
SEC. 4. Council may remove commis-
sioners.
5. To apply to land obstructed
previous to March 30th, 1876.
6. When to take effect. -
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. The owner or lessee of any 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 such lot or tract
of ground obstruct the flow of water through such water
courses, is hereby required to construct- through such lot or
lands such a drain or passage way for water as the Council
may designate, and if said owner or lessee shall fail to con-
struct such drain or passage way.within the time fixed by
the Council, the City shall construct such drains at the ex-
pense of the owners, and assess the cost thereof on the said
lots or tracts of ground, and such costs shall be levied in the
salve way as special assessments, and subject to the same pen-
alties and consequences for delinquency.
SEC. 2. Whenever a water course passes through the
property of any person or persons, and, in the opinion of the
City Council, it is necessary to enlarge and straighten the
salve, and condemn, and appropriate private property for that
purpose, the same course of proceeding shall be pursued to
condemn and appropriate the same as is authorized and re-
quired in condemning and appropriating private property for
streets and alleys. Whenever any damages are claimed by
the owner or owners of such property, who appear at the
proper time and place to claim the same, such damage shall
be assessed by three commissioners, who shall be disinterested
free -holders, to be appointed by the City Council. They shall
before entering upon their duty, be sworn to execute the
salve, according to the best of their ability. Before said
REVISED CITY ORDINANCES. 289
commissioners enter upon their duty, the City Council shall
cause notice to be given, which notice shall be signed by the
commissioners; and published for three weeks in the official
papers of the city, of the time and place of meetings for the
purpose of viewing the premises and making their assess-
ments, and in their discretion receive any legal evidence, and
' may adjourn from day to day. Either one of them shall
have power, in the presence of the others, to administer an
oath or oaths to any witness to be examined before them.
SEC. 3. When the appraisement shall be completed the
commissioners shall sign and return the same to the City
Council within thirty days of their appointment. The City
Council shall have power, in their discretion, to annul or
confirm the appraisement, and if annulled, all proceedings
shall be void; but if confirmed, an order of confirmation shall
be entered. Any person interested may appeal from the order
of confirmation to the Circuit or District Court of the County
by notice in writing to the Mayor,. at any time before the ex-
piration of twenty clays after the order of confirmation.
Upon the trial of the appeal, all questions involved in the
proceedings, including the amount of damages, shall be open
to- investigation. The cost of any proceedings incurred prior
'to the order of the City Council, confirming or annulling the
appraisement, shall in all cases be paid by the city.
SEc. 4. The City Council shall have power to remove the
commissioners, and from time to time appoint others in the
place of such as may be removed, refuse, neglect or be un-
able from any cause to serve.
SEC. 5. This ordinance shall apply to owners or lessees of
any lot or tract of ground described in the foregoing section,
who previous to the 3oth day of March, A. D. 1876, may
have obstructed any such drain or water course, as in this
ordinance mentioned, as well as to those who have obstructed
the same since that time.
290 REVISED CITY ORDINANCES.
SEc. 6. This ordinance shall be in force from and after
its passage and publication in the official papers of the city.
CHAPTER XCII.
AN ORDINANCE to prevent the fouling of sewers on
•
Fourteenth, Main and Eighth streets.
SEC. 1. Sewers closed. SEC. 3. when to be iilforce.
2. Not to deposit slop or garbage in
same.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That all private _drains leading into the sewer
on Fourteenth street, along Main to Seventeenth street, or
into the continuation of said sewer from Fourteenth street -
along Main to Seventeenth street, or into said sewer, as far
as it is constructed across or along Seventeenth street; or into
the sewer on Eighth street, and all openings into any of said
sewers, through which slop or garbage is or may be thrown,
and all openings required for drainage of surface water into
them, be closed, and the proper officers are hereby directed
to immediately carry this into effect.
SEC. 2. If any person make, or cause to be made, any
drain or any opening of any kind into any of said sewers, or
into any continuation of the same, for use for private pur-
poses, or use or attempt to use said sewers or continuation, or
any of them, to deposit slop, garbage, or any fluid or sub-
stance which creates, or %is likely to create, foulness or im-
purity in any part of any of them, he shall be punished by a
fine not to be less than five nor more than fifty dollars, or by
imprisonment not to exceed fifteen days, at the discretion of
the court.
SEc. 3. This ordinance shall be in force from and after
one publication thereof in the Times arid Herald, newspapers
of this city.
Passed September 6, 18i 8.
REVISED CITY ORDINANCES. 291
CHAPTER XCIII. -
AN ORDINANCE granting to A. A. Cooper and B. E. Line-
han, their successors, associates and assigns, the right to
construct and operate a line of sewers in the alleys between
Main and Locust streets, from First to Eighth street, and
regulating the same.
SEC. 1.
2.
3.
4.
Authorized to construct and SEC. 5. Charges for right to connect.
operate sewers. 6. In operation in one year.
Method of construction. 6. City may put in general system
Shall create no nuisance, of sewerage.
Connect with other sewers.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That A. A. Cooper and B. E. Linehan, and
their successors, associates and assigns, either as individuals
or as a corporate body, under such name as they may here-
after adopt, are hereby authorized to construct and operate a
line of sewers in the alleys between Main and Locust streets,
from Eighth to First street, in the City of Dubuque, and to
lay ;the necessary pipes therefor, and to operate the sauce
through First street sewer to the Ice Harbor below low-water
mark, for the purpose of house drainage along, said line of
sewers, provided said sewers shall be constructed under the
direction of and according to the plans prepared by the ('ity
Engineer.
SEc. 3. In the construction of said sewers the streets and
alleys shall not be unnecessarily obstructed, and not more
than one block between any two streets shall be excavated or
obstructed at any time during the progress of said work; but
before work shall be commenced upon any other portion of
said sewers each part thereof previously commenced shall be
completed,and the street or alley restored to as good condition
as before the excavation was made,and all the obstructions to
travel thereon removed in the manner directed by the Street
Commissioner. Upon failure so to do the City Council may
order the necessary repairs to be made at the expense of the
292 REVISED CITY ORDINANCES.
parties to whom the privileges herein ' named are granted.
All obstructions and excavations made in any street or alley
shall be properly barricaded and lighted, and in any action
for damages caused by such obstructions or excavation, or
the construction of man -holes, the parties herein named shall
appear and defend the same, and shall pay any judgment
rendered against the city thergin. All man -holes constructed
in said alley, by the grantees, on the line of said sewer, shall
be surrounded and protected at the top by close jointed stone
or iron flagging, laid even with the surface of the alley and
carefully covered by stone or iron covers, so as to present a
smooth and even surface with the flagging %round the man-
hole. No man -hole shall be constructed in any of the cross
streets intersecting said line of sewed:"' The. grantees shall be
liable for and defend in the manner hereintofore provided
against any claim for damages to any person or persons
caused by the maintenace of such man -holes.
•
SEc. 3. Said sewers when completed shall be so operated
that no nuisance shall be caused thereby, nor any obstruction
to the public in the use of said alleys and the streets crossed
by said sewers, nor any interference with any line of gas, wa-
ter or other pipes laid in the same; and in the repair and op-
eration of said sewers all obstructions and excavations made
in the alleys and streets aforesaid shall be removed or re- •
placed in the manner and under the obligations, conditions
and penalties provided for in section two hereof.
SEc. q.. T11e City of Dubuque may at any time connect
with said sewers any system of sewerage which it has adopt-
ed or may hereafter adopt and construct, without charge,
and may change or extend the terminus of said sewer from
the First street sewer named herein to any other point which
in the discretion of the City Council may he determined upon
hereafter. And the City of Dubuque may at any time take
possession of the sewers herein authorized, upon payment to
0
REVISED CITY ORDINANCES. 293
the persons herein named, their successors or assigns, for the
number of lineal feet of said sewers not previously paid for
by the owners of abutting property, at the rate per foot speci-
fied in section five of this ordinance.
SEc. 5. Said parties may charge for the right to connect
abutting property with said sewers, at any time during the
construction or upon the completion of said sewers, not to
exceed the sum of sixty-five cents per lineal foot, and the ad-
ditional sum of eight per cent. per annum on the rate per foot
herein named, to all persons connecting their property with
said sewers after the completion of the same, such additional
sum to be calculated from the time of completion to the time
of connecting with said sewers.
SEC. 6. The rights and privileges herein granted are upon
the condition that said sewers shall he completed and in ope-
ration within one year from the adoption of this ordinance.
SEC. 7. Nothing in this ordinance shall be construed to
create or impose any obligation upon the City of Dubuque,
in case said city may hereafter undertake the construction of
a general system of sewerage, to connect with, or to take or
adopt the line of sewers herein authorized, as a part .of said
general system, or to pay for the same, unless the City Coun-
cil shall deem it to be for the interest of the city so to do; nor
shall the City of Dubuque be liable for any damage to said
line of sewers or sewer pipes, caused by excavations for the
laying, repairing or replacing of any gas, water or steam
pipes, or the construction, by the City of Dubuque, of any
sewers, or the putting in of any sewer or pipe, along the line
of said alley between Main and Locust streets.
Passed November 9th, 1885.
294 REVISED CITY ORDINANCES.
CHAPTER XCIV.
AN ORDINANCE to provide for constructing and maintain-
ing a separate system of sewers for house drainage, in the
City of Dubuque, and to regulate the use of the same by
private individuals.
SEC. 1. Location of districts.
2. Council to order work done.
3. Engineer to prepare plans and spe-
cifications.
4. Give notice for bids.
5. Contract to lowest bidder.
0. Committee on Sewers to examine
work.
7. Council to levy tax.
8. Council to levy tax for laterals.
J_ Notice to be served on owner.
10. Engineer to keep record of sewers.
11. Ascertain expense upon each lot.
12 Tax when and how payable. •
13. Recorder make copy of resolution.
14. Auditor enter of book.
15. Treasurer give notice.
16. Treasurer shall sell.
SEC. 17. Treasurer shall cuntinue the sale
18. Treasurer how governed.
19.. Connections.
20. License to make connection.
21. Licencee to file bond.
'22. Connections.
23. Applications how made.
24. Permits ma&b a revoked.
25. Not connectlVith open gutter.
26. Rain water conductor.
27. Not obstruct flow.
28. Fine $10 to S100.
29. Substances not suffered to injure
sewer.
30. Council appoint inspector.
31. Council employ engineer.
Be it Ordained by the City Council of the City of Dubitque:
SECTION 1. That for the purpose of constructing what is
called the separate system of sewerage in the City of Du-
buque, said city is hereby divided into four sewerage dis-
tricts, as follows:
i. The First district shall cbinprise all that portion of the
City of Dubuque bounded on the east side by the Mississippi
river, on the south by the southern boundary of section
twenty-five(in township 89-2 east of the 5th p.m. )on the north,
and west by the followingiline, including all lots or parts of lots
abutting on the west or north side of said line: Commencing
at the intersection of the southern boundary of said section
twenty-five (25) and South Locust street, thence along said
South Locust street and Dodge street, thence along said
Dodge to Bluff street, thence along Bluff street to Sixteenth
street, thence along West Locust street to Seventeenth street
(r7th), thence along Seventeenth street east to the Mississippi
river, but not including any lots north of Seventeenth (r7th)
street east of Clay street.
•
REVISED CITY ORDINANCES. 295
2. The Second district shall comprise all that portion of
said city bounded as follows: Commencing at the intersec-
tion of Seventeenth and Clay streets, thence along Clay
street to Eighteenth street, thence along Eighteenth street to
Couler avenue, thence, along Couler avenue to Peru road, in-
cluding all the lots or parts of lots abutting on the north or
west side of any of said streets except lots heretofore included
in the First district, thence along Peru road to Jackson street,
thence along Jackson street to Twenty-third street, thence
along Twenty-third street to Elm street, thence along Elm
street to Sanford street, thence along Sanford street to Wind-
sor avenue, thence along Windsor avenue to Eagle Point av-
enue, thence along Eagle Point avenue to Stafford avenue,
thence along Stafford avenue to High Bluff street, thence
along High Bluff street to Fengler street, thence along Feng-
ler street to Division street, thence along Division street to
Reed street, thence along Reed street to Peosta s'treet, thence
along the line of Peosta street to Seventeenth street,
thence along Seventeenth street to its intersection with Clay
street.
3.. The Third district shall comprise all of that portion of
the City of Dubuque north of Reed street, and east of Divi-
• sion street.
4. The Fourth district shall comprise all that portion of
the City of Dubuque not included in the First, Second and
Third districts.
SEc. 2. That whenever it shall be deemed expedient to
construct a sewer according to said system in any public
streets, alleys, highways, or public landings, or any part
thereof, the Council shall, by resolution, order -the same to be
done, and- over and along such streets, alleys, highways or
public landings, provided, that no sewer shall be constructed
under this ordinance unless the salve is ordered to be done by
♦
296 REVISED CITY ORDINANCES. •
an aflnnative vote of a majority of all the members of the
City Council.
Sr3c. 3. The resolution ordering the construction of any
sewer specified in the foregoing sections shall also direct the.
City Engineer or some other competent person specially em-
ployed by the City Council- for that purpose to prepare the
proper plans and specifications for constructing the same; said
engineer or other persqly shall forthwith prepare and submit
to the committee of Council on sewers, such plans and speci-
fications, and if the same are approved by said committee
and the City, Council, they shall be filed in the office of the
City Recorder; said engineer shall also prepare estimates of
the cost of the proposed sewer and file the same with said
recorder for the inspection of the City Council.
SEc. 4. That as soon as said plans and specifications are
filed in the office of said recorder the said engineer shall
without further order from the City Council give public no-
tice by advertisement for at least five days in the official pa-
per of the city, that at the next regular session of the City
Council bids will be received by said Council for doing the
work according to such plans and specifications.
SEc. 5. At the meeting of the, Council at which bids are
to be received, such bids shall be opened and the contract
entered into with the lowest responsible bidder, and bonds
with surety for the faithful performance of such work shall
be required to be given -by the contractor, provided that any
and all bids for such work may be rejected by the Council if
by them thought to be exorbitant and new bids ordered, and
provided that said work shall be done under the instruction
and supervision of the City Engineer or other person em-
ployed to have special charge of the same.
SEc: 6. That as soon as practicable after the time speci-
fied in the contract, within which the improvement is to be
completed, the committee of the Council on Sewers, or any
REVISED CITY ORDINANCES 297
other committee that may be specially appointed, shall make
an examination of the work, and if the same be not com-
pleted or done in the manner provided in.the contract said
committee may direct the engineer itt charge to complete the
same in the manner provided in the contract, and the expense
of completing the same shall be deducted from whatever may
be coming to the contractor under his contract, or said com-
mittee may report the case to the City Council for their action;
if the said committee find the work completed in accordance
with the contract, •they shall so report to the City Council for
their action or acceptance of the same.
SEc. 7. In order to provide the means to pay the cost or
expense of constructing the main sewers and branches there-
of, including all sewers of more than six inches in diameter
in the several sewerage districts, the City Council shall levy
such taxes as may be necessary thereof (?) upon the taxable
property within the limits as herein defined of the said sev-
eral sewerage districts;_ said taxes shall be levied and collect-
ed at the same time and in the same manner. in all respects
as the ordinary annual taxes of the city are levied and col-
lected.
SEc. 8. In order to provide means to pay the cost or ex-
pense of constructing the lateral sewers, including all sewers
not exceeding six inches in diameter, the City Council shall
levy a special tax or assessment upon the property or lots ad-
jacent to said sewers; all property or lots situated or being
within a distance of one hundred and fifty feet from said lat-
eral sewers and not separated therefrom by any street, alley,
or public highway shall be deemed adjacent thereto.
SEc. 9. Before assessing the cost of constructing any lat-
eral sewer upon the adjacent property, the Marshal of the
City shall serve notice on the owners of said adjacent- proper-
ty, to appear before the City Council,and show cause, if any
exists, why such assessment should not be made ; said notice
298 REVISED CITY ORDINANCES.
must be served at least five days before the meeting of the
Council, at which the assessment is to be made, and only.
upon owners who have not asiced or petitioned the Council to
have the sewer constructed. Non-resident owners may be
notified by personal service out of the State or by publica-
tion of the notice at least twice in the official paper of the
city at least ten days before the meeting of the Council.
SEC. IC. It shall be the duty of the City Engineer to
,keep a complete record of all sewers constructed showing the
location and profile description of the same, accompanied
with a plat giving 'the.description frontage and area of all
lots, parts of lots or lands adjacent to such sewers, together
with the names of the owners, when known, the number of
square feet of land owned by each, and the amount of cost or
expense ascertained as hereinafter provided, properly charge-
able against each of said lots or parts thereof, on account
of the construction of said sewers, a duly certified copy of
which shall be submitted by the engineer to the City Coun-
cil immediately after the approval of the work by the com-
mittee of the Council on sewers or other committee appoint-
ed therefor ; he shall also keep in his office a record of the
correct locations of all man -holes, .sewer and drain junctions'
and all other appurtenances to such sewers for future reference.
SEc. ri. As soon as the work of constructing any lateral
sewer has been completed and accepted by the City Council,
said Council shall, by resolution, assess upon the lots, part. of
lots or land adjacent to said sewer, the cost or expense of con-
structing the same ; to ascertain the amount of cost to be as-
sessed upon each adjacent lot or part of a lot, the total cost of
constructing such lateral sewer from the center of any street
across which it is constructed to the center of the next street
crossed shall be apportioned and assessed on the adjacent lots,
or parts of lots, in proportion to the superficial area of each
thereof. Such resolution must designate the alley or street,
REVISED CITY ORDINANCES. 299
and set forth the number of the lot, and the amount of tax
levied upon each.
SEC. 12. Special taxes and assessments Levied upon adja-
cent property to pay the cost or expense of constructing sew-
ers shall be payable by the owner thereof personally, im-
mediately after the assessments are made, and shall be a lien
upon the property so assessed from the time of the assessment,
and such property may be sold to enforce the payment of the
taxes or assessments so levied in the same manner as at any
regular or adjourned sale or special sale called therefor, with
the same penalties, forfeitures and rights of redemption; and
certificates and deeds on such sales may be made in the same
manner, and with like effect, as in case of sales for non-pay-
ment of the ordinary annual taxes of the city, as provided by
law; or the City Council may cause the same to be sold at
special tax sale to be called therefor, after giving notice
thereof three consecutive weeks in the official paper of the
city, the last publication of which shall be at least ten days
before the sale.
SEc. 13. The City Recorder shall, without delay, after
the passage of the resolution of the City Council levying a
tax, make out and deliver to the City Auditor a duly certified
copy of such resolution and take his receipt therefor, which
he shall file and preserve in his office.
SEc. 14. The City Auditor, upon receiving a certified
copy of such resolution, shall forthwith enter upon the special
assessment book kept by the Treasurer the special tax so lev-
ied by the City Council, and shall charge the Treasurer ,
therewith.
SEC. 15. It shall be the duty of the Treasurer forthwith
after the levy to give notice by one publication in the official
paper of the city that such tax has been levied, describing
the street, alley, highway, or public landing, in which such
sewers have been constructed, and the lots on which the levy
•
300 REVISED CITY ORDINANCES.
has been made, and stating in such notice that such tax is
due and payable without any further notice or demand, and
if not paid within thirty days after the publication of said no
tice, they shall become delinquent, and shall draw interest
at the rate of ten per cent per annum as a penalty for non -
'payment.
SEC. 16. If such tax is not paid within thirty days from
the time of the notice aforesaid, then the City Treasurer, af-
ter giving notice thereof for three. consecutive weeks in one
of the newspapers published in the City of Ditbuque, the last
of which shall be at least ten days before the day of the sale,
shall, at a special tax sale called therefor, proceed to sell at
public sale, at ro o'clock A. M., the lots, parts of lots or
lands on which said special tax shall have been assessed and
levied, as provided for in this ordinance ; said sale shall be
made by the City Treasurer, at the City Hall, and shall be
conducted in the same manner provided in the ordinance in
case of sale made for the non-payment of the general annual
taxes of the city, with the same interest, forfeitures and pen-
alties, and on such sale a certificate of purchase shall be exe-
cuted to the purchaser or assignee, or in case of sale made for
non-payment of the general annual taxes, and on the expira-
tion of the time for redemption, if none is made, a deed shall
then be executed to the purchaser or assignee, as in case of
sale made for the non-payment of general annual taxes; the
Treasurer shall charge and collect, in addition to taxes and
interest, twenty cents on each lot, part of lot or land adver-
tised for sale herein, which shall be paid in to the Treasurer
•
to pay the cost of publication.
•
SEc. 17. The Treasurer shall continue the sale from day
to day as long as there are bidders, or until the real estate
shall all be sold, and each lot, part of lot, or parcel of real
estate shall be sold separately, and the person who offers to
pay the taxes down on any parcel of land for the smallest
portion of the same, is to be considered the purchaser.
REVISED CITY ORDINANCES. 301
SEc. 18. The Treasurer in such sale and other proceedings
connected therewith, shall be governed so far as applicable
by the requirements contained in the ordinance for the col-
lection of the ordinary taxes of the city.
SEC. 19. All connections of private drains or sewers with
the public sewers of the city shall be made in accordance
with the plans and specifications approved by the committee
on sewers, and kept in the office of the City Engineer.
SEc. 2o. No person, company or corporation shall make
any connection with, or any opening into any public sewer,
without having first obtained license to do so from the City
Engineer.
SEc. 21. Every person, company or corporation, to whom
a license is granted, shall, at the time of receiving the same,
file a bond approved by the committee on sewers in the sum
of one thousand dollars conditioned to !indemnify and save
the city harmless against all loss or damages that may arise
from, or be occasioned by, ,the making of connections wiih
the public sewers, or by any carelessness, negligence,,or un-
skillfulness in making the same.
Sue. 22. No person, company, or corporation shall make
any connections with or opening into any of the public
sewers without the written permit of the City Engineer.
SEc. 23. Applications for permits to connect with the
sewers must be made in writing by the owner of the proper-
ty, or his authorized agent; such application shall give the
precise location of the property, the name of the owner, and
the name of the person employed to do the work, and shall
be made on the day previous to opening the alley or street.
,SEc. 24. All permits to connect with the sewers shall be
given upon the express condition, that the committee on
sewers may at any time before the work is completed revoke
and annul the same, and no party interested shall have a
302 REVISED CITY ORDINANCES.
frik
right to claim damages in consequence of such permit be-
ing revoked or annulled.
Sue. 25. No person, company, or corporation shall connect
any open gutter, cesspool, privy vault or cistern, with any
public sewer or with any private sewer connecting with the
public sewer.
SEC. 26. No rain water conductor shall be connected with
the public sewer, or with any private sewer connected with
the public sewers, except for the purpose of flushing the
sewer, and where a special permit therefor has been granted
by the engineer.
SEC. 27. No person, companyr corporation shall injure,
break or remove any portion of any manhole, lamphole,flush-
tank, or any part of the public sewers, nor deposit in the
same any garbage, offal, filth or any substance whatever
having a tendency to obstruct the flow of sewerage.
SEC. 28. Any person, company or corporation violating
any provision of this ordinanceeshall be subject to a penalty
of not less than ten dollars, nor more than one hundred dol-
lars for each and every offence.
SEC. 29. The committee on sewers or the City Engineer .
shall have the power to stop or prevent from discharging into
the public sewers any private drain through which substances
are suffered to pass whicli are liable to injure the sewers
or to obstruct the flow of the sewerage.
SEc. 30. • When deemer1 necessary the City Council may
appoint an inspector of sewers, whose duty it shall be to see
that the sewers are kept in proper repair and in good work-
ing order.
SEc. 31. If deemed necessary the City Council may in
its discretion employ some expert engineer or other person
specially skilled and experienced in the construction of sew-
ers for house drainage to prepare the plans and specifications
REVISED CITY ORDINANCES.
303
for the construction and application of the proposed system
of sewerage, and superintend the work.
Adopted April 7th, A. D. 18S7.
CHAPTER XCV.
AN ORDINANCE for the cleaning of
Pools, Water Closets, etc.
SEC. 1. No person engage in the business SEC. 6.
except, ote. 7.
:3. Air tight boxes at certain sea -
Sons.
3. Duty of vault cleaner.
4. Duty o1 health officer, ete.
5. In ease owner refuses.
lie it Ordained by the City Council of the City of Dacbugtie:
SECTION I. That after the passage of this ordinance any
person who shall engage in the business of cleaning privy
vaults, cess pools and water closets, and removing the con-
tents of the same, shall provide himself with the necessary
apparatus for removing the contents of the said privy vaults,
cess pools and water closets, and such apparatus may include
as a means of carrying away `such contents either one or more
carts or wagons which he may own or rent or hire, provided
with covered water -tight boxes or barrels, the salve to be kept
clean, air tight, in good condition; said boxes or barrels shall
be of such construction that their contents 'may be readily
discharged. When in actual Use a red or yellow light shall
be kept burning upon each cart or wagon.
Suc. 2. No scavenger, vault cleaner or any other person
shall remove the contents of any privy vault, .cess pool or
water closet, except in such air -tight boxes or barrels, and, as
provided in this ordinance, during the months of November,
December, January, February and March of each year. Such
contents may be removed in such air tight boxes or barrels
during any hour of the day or night, but during the months
of April, May, June, July, August, September and October
of each year, such removal shall only be made in the night
Privy Vaults, Cess
Unlawful to cover.
License $25.
S. Fine $50 to $100.
0. Scavenger allowed to charge.
10. ITse diligence.
11. Other ordinances.
304 REVISED CITY ORDINANCES.
time between the hours of 9 P. M. and 4 A. M., provided,how-
ever, that the health officer of the City of Dubuque may in
his discretion grant a permit in writing, allowing such con-
tents to be removed during the day time at any time during
the said months of April, May, June, July, August, Septem-
ber and October.
Sue. 3. It shall be the duty of such scavenger or vault
cleaner, at the request of the owner or occupant of any prem-
ises within the City of Dubuque on which is situated any
privy vault, cess pool or water closet, to remove the contents
of such privy vault, cess pool or water closet and deposit the
same in such place or places as may be designated by the
City Council, provided, however, that when such request is
made, such scavenger or vault cleaner shall not be obliged to
perform the services required until paid therefore at the rates
hereinafter specified.
SEC. q.. It shall be the duty of the Health Officer of the
City of Dubuque, the City Marshal or any member of the
Board of Health, Executive Committee of said City of Du-
buque, whenever they or any of them shall deem it expedient
on behalf of the public health, or whenever any privy vault,
cess pool or water closet shall be filled within two (2) feet of
the surface of the ground, to order the owner, lessee or occu-
pant of the premises upon which is situated any such privy
vault, cess pool or water closet to have removed the contents
of the same.
Sue. 5. Whenever any person owning, leasing or occu-
pying any premises within the City of Dubuque on which is
situated any privy vault, cess pool or water closet, or when-
ever the agent of any such owner, lessee or occupant shall
be notified by the Health Officer of the City of Dubuque, the
City Marshal, or by any member of the Board of Health,
Executive Committee of said City of Dubuque, to have the
. contents of any such privy vault, cess pool or water closet re -
REVISED CITY ORDINANCES. 305
moved, it shall be the duty of the person so notified to forth-
with request some regularly licensed scavenger or vault
cleaner who shall have complied with the requirements of
this ordinance, to remove such contents, and, if demanded by
such scavenger or vault cleaner, to pay in advance the ex-
pense of such removal computed at the rate hereafter pro-
vided, and any person so notified refusing or neglecting to
make such request or to pav when demanded in advance the
expense of such removal, shall be deemed guilty of a misde-
meanor, and shall be fined on Conviction in.'a sum not less
than ten (ro) dollars nor more than twenty-five .(25) dollars.
Upon the failure or refusal of any person notified by the
Health Officer of the City of Dubuque, the City Marshal, or
any member of the Board of Health, Executive Com-
mittee of said City of Dubuque, to have removed the con-
tents of any privy vault, cess pool or water closet, to comply
with such request in the manner hereinbefore provided, the
City Marshal shall cause the same to be removed by some
licensed scavenger or vault cleaner, and the expense of such
removal shall be collected by the said City of Dubuque by
special assessment and against the person so refusing_ or fail-
ing to comply with such request.
SEC. 6. It shall he unlawful to cover with earth or other
material any privy vault, cesspool or water closet, without
first removing the contents thereof; or to tap or drain anv
privy vault,cesspool or water closet into anv other excavation
or into any opening except a common sewer; or to allow any
privy vault, cesspool or water closet to become filled within
three (3) feet of the surface of the ground; and any privy
vault, water closet or cesspool filled within three (3) feet of
the surface is hereby defined and declared to be a nuisance,
and the -owner of the property on which such nuisance is sit-
uated shall be deemed to be the author thereof: Any person
who shall violate any or either of the prohibitory clauses in
this section, or who, being the author of a nuisance in the
306 REVISED CITY ORDINANCES.
manner defined in this section, shall maintain the same after
being notified by the health officer of the City of Dubuque,
the City Marshal, or any member of the Board of Health,
Executive Committee of said City of Dubuque, to abate the
same, shall be deemed guilty of a misdemeanor, and shall be
fined on conviction, in addition to the penalties prescribed in
the preceding section, in a sum not less than ten dollars ($ro)
nor more than twenty-five dollars ($25).
SEC. 7. That every person who shall engage in the busi-
ness of cleaning privy vaults, cesspools and water closets,
shall first pay into the City Treasury a license of twenty-five
dollars ($25) per annum, to he paid on or before the first day
of May of each and every year, but the City Council may re-
fuse to allow a license to be granted to any scavenger or vault
cleaner who may be deemed, in their discretion, an unfit and
improper person, and the said City Council may revoke the
license so granted to any person who shall fail to comply
with all the other requirements of this ordinance.
SEc. 8. Any person who shall carry on the business of
cleaning privy vaults, cesspools and water closets without
having paid the license required by this ordinance, or who
shall fail to comply with all the requirements herein, or any
licensed scavenger who, having demanded and received pay
for the removal of the contents of any privy vault, cesspool
or water closet, shall fail to remove the same in compliance
with all the requirements of this ordinance, shall be deemed
guilty of a misdemeanor, and, upon conviction, shall be fined
in a stun not less than fifty dollars ($5o), nor more than one
hundred dollars ($ioo).
SEC. 9. Any such scavenger or vault cleaner who shall
have complied with the provisions of this ordinance and
shall have paid the license provided herein, shall be allowed
to charge and collect for each cubic foot of contents removed
by him from any privy vault, cess pool or water closet a sum
REVISED CITY ORDINANCES.
307
not exceeding fifteen (r5) cents, when the same shall be re-
moved from any place below the bluffs, and when the same
is situated upon the bluffs such scavenger or vault cleaner
shall be entitled to charge and collect a sum not exceeding_
twenty (2o) cents per cubic foot for such contents removed.
SEc. ro. Every such scavenger or vault cleaner shall in
all cases use due diligence in speedily and Without delay com-
plete the removal of the contents of privy vaults, cess pools
and water closets; as soon as possible .after the commence-
ment of such removal, and in every case, he shall leave such
vaults, privies or cess pools in the best possible condition,
and the premises about them clean and thoroughly disinfect-
ed, and the failure to comply with the requirements of this
section shall be deemed a sufficient cause for the revocation
of his license.
SEc. Ir. And it is further ordained that any ordinance or
parts of ordinances in conflict herewith be and the same is
hereby repealed.
Passed March 16,1885.
• CHAPTER XCVI.
AN ORDINANCE to provide for the appointment of a City
• Marshal by the City Council of the City of Dubuque.
fire. 1. marshal to Ire appointed. See. 3. Council may remove.
2. Salary and duty. 4. Ordinances repealed.
Be it Ordained by the City Couveii of the City of Dubuque:
SECTION 1. That for the year 1880, and annually thereaf-
ter, the City Council, at its first regular session in April, or
as soon thereafter as may be convenient, shall elect by ballot
a City Marshal, who shall continue in office for the term of
one year, and until his successor is appointed and qualified.
SEc. 2. The City Marshal shall have a stated salary, which
shall be fixed by the City Council as other city officers, and
shall receive no additional fees as compensation, and shall
308 REVISED CITY ORDINANCES.
pay over to the City Treasurer, for the use of the city, all
fees in any manner collected by him pertaining to his official'
duties. He shall perform all duties provided for in Chapter
eight of the Revised Ordinances, and all other ordinances
and rules as may from time to time be passed by the City
Cotmcil.
SEC. 3. If the said Marshal shall at any time fail or neg-
lect to perform any of the duties of his office, either in the
enforcement of the ordinances of the city or the orders of the
Mayor or City Council, or shall be guilty of any acts of mal-
feasance of office, the Mayor, by and with the consent of the
City Council, may remove him from office for such offence.
SEC. 4. All ordinances and parts of ordinances in conflict
with this ordinance are hereby repealed.'
CHAPTER XCVII.
AN ORDINANCE to regulate the use of Public Fountains.
Be it Ordained by the City Commit of the City of Dubuque:
SECTION I. That any person who shall draw, or take
away, in any pail, pitcher or other vessel, any water from
any public drinking, or other public fountain, in said city,
for use elsewhere, shall be guilty of a misdemeanor, and,
upon conviction thereof; shall be fined not less than one dol-
lar or more than five dollars, with costs of prosecution.
REVISED CITY ORDINANCES. 309
CHAPTER XCVIII.
AN ORDINANCE regulating sub -divisions and additions to
the City of Dubuque. •
St+,c. 1. Council to approve. SEC. 3. Penalty for violation.
2. Plat,to be furnished cit3-.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I.. That no addition to the City of Dubuque, or
sub -division into lots of any parcel or tract of land within the
limits of said city, shall be lawful, unless the salve be first
submitted to and approved by the City Council of said city;
nor shall any street, avenue or alley be recognized by said
city as a public thoroughfare, nor shall any expenditure of
public funds or city labor be made or done thereon, unless
the plat embracing the same be so submitted and approved.
SEC. 2. That for the purpose of correct reference, a cor-
rect snap or plat of all additions and sub -divisions hereafter
made, shall be furnished to said city by the person or persons
owning the land embraced therein, and such owner or own-
ers shall also comply with the statutes of the State of Iowa,
in force at the time such additions or sub -divisions are made,
so far as the salve are applicable and not inconsistent with
this ordinance.
Szc. 3. That hereafter it shall be a misdemeanor for any
person or persons, or other owner, to lay off into lots or sub-
divide any tract or parcel of land Within the limits of said
city, whereby any new street, alley or highway is platted or
created, without first submitting the plat thereof to, and get-
ting the approval thereof, of the City Council of said city.
And upon conviction thereof, such person or persons, or own-
er, shall be fined in a sum not exceeding twenty-five dollars.
SEC. 4. This ordinance shall take effect and be in force
from and after its publication.
Adopted July 5th, IRRO,
310 REVISED CITY ORDINANCES.
CHAPTER XCIX.
AN ORDINANCE to vacate Canal street, from Iowa street
to Warren street, in the Dubuque Harbor Company's ad-
dition to the City of Dubuque.
Whereas, At the regular session of the City Council of this
city, held in the month of October, in the current year, a pe-
tition was presented by the Illinois Central Railroad Com-
pany, asking that Canal street in the Dubuque Harbor Com-
pany's addition,froin Iowa street to Warren street,be vacated,
and on said petition was endorsed the consent of A. A. Cooper
that such vacation be made; and,
Whereas, Notice of the pendency of said application has
been published in the city papers for more than ten days,and
no objection has been made to the granting of the request
made in said petition, and the. premises abutting on said
street to be vacated are all owned by said Cooper and said
cempany, who are willing and desire said vacation; therefore,
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That said Canal street from Iowa street to
Warren street be and the sauce is hereby vacated and an-
nulled, and is hereby abandoned as a street, anything in the
existing ordinances of the citv to the contrary notwithstand-
ing.
Passed Nov. 6, 1882.
CHAPTER C.
AN ORDINANCE granting to Ingram, Kennedy & Day the
right to lay a railway track.
SEC. 1. Permission granted to lay track. SEC. 4. To comply with police regulations
:4. To grade streets and alleys at 5. Right of way can be revoked.
their expense. 6. When to take effect
3. To put grade as establisher) by city.
Be it Ordained by the City Council of the City/ of Dubuque:
SECTION 1. That permission be and is hereby granted to
REVISED CITY ORDINANCES. 311
Ingrain, 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: Froin an intersec-
tion to be made with the Dunleith and Dubuque Bridge
Company'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 between Clark and Commercial streets to a point
near the corner of Commercial and Tower streets.
SEC. 2. That said Ingram, Kennedy & Day, their suc-
cessors and assigns, whenever required by the city author-
ities, 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 or
the ties, the entire width of such street or alley, in such
manner as will afford an easy passage for wagons and other
vehicles.
SEC. 3. That said Ingram, Kennedy & Day be required
to put the said track to any grade to city may establish.
SEc. 4. The said Ingram, Kennedy & Day shall strictly
comply with all reasonable police regulations which the
authorities of said city may establish in relation to the run-
ning of trains on said track within the limits of said city.
SEC. 5. 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 Ingram, Kennedy & Day.
. Passed April 8d, 1878.
312 REVISED CITY ORDINANCES.
CHAPTER CI.
AN ORDINANCE to authorize the erection of posts and
wires, and- the maintenance of a Telephone Exchange in
the City of Dubuque, by the Western Telephone Com-
pany.
SE(;. 1. Permission granted, upon what Sic. 5
conditions.
". Poles shall not interfere with Ii
other improvements.
3. City may grant like permission i
to others.
4. City may use poles and tele-
phones.
. Company liable for daunages, and
must hold city harmless.
. Failure to comply with ordinance
creates a forteiture.
. Ordinance is in nature of a con-
tract, and in force when and
how long.
Be it OP•cIaaned by the C'tly Council of the City of Dubuque!
SECTION i. That permission is hereby granted to the
Western Telephone Company, its successors and assigns, to
erect upon the public streets, and alleys in the City of Du-
buque, at such points as may be designated by the City
Council of said city, through its Committee on Streets, poles
or posts of wood or other suitable material to support the
necessary telephone wires, to operate and use as a Telephone
Exchange in said city: Provided, That said Western Tele-
phone Company and its successors and assigns, shall, during
the continuance of the permission heretofore granted, under
proper and reasonable rules and restrictions, keep and main-
tain an office and operator on lines of telephone wires at
some convenient point within said city, and connected and
used with the telephone system of said company; and, pro-
vided, the said posts shall be so placed, and the wires upon
them kept at such elevation, and so attached and secured at
such elevation, as to avoid danger to persons and adjacent
property, and the use of such streets and alleys for other
lawful purposes; and such posts in the business and densely
built portions of said city be kept properly painted by said
company; and, provided, further, that such poles or posts and
wires shall not he placed upon either Main, Locust. or Iowa
street in said city without the express permission of the City
Council, given by resolution or ordinance..
REVISED CITY ORDINANCES. 313
SEc. 2. Said poles shall not be set so as to interfere with
the constructing or placing of any water pipe, gas pipe, drain
or sewer, or the flow of water therein that has or may be
placed by authority of said city. And in case of bringing to
grade or change of grade on any street or alley whereon such
posts may have been erected and placed, then said telephone
colnpanv, its successors or assigns, shall change such posts
and re -set the same under the direction of the Street Commit-
tee of the Council of said city.
SEc. 3. It is expressly provided that said city may at any
time during the continuance of the permission granted in
this ordinance, grant a like permission through and over, and
upon the streets and alleys of said city, to any other company
or companies, person or persons, it may deem proper, like
permission to erect, maintain and use the necessary posts or
poles and wires to properly operate a system or systems of
telephones; such action is not to interfere with the proper use
of the poles and wires, under the permission granted in this
ordinance.
SEc. q.. Said city shall at all times during the continu-
ance of the posts erected under permission of this ordinance,
have free use thereon upon which to °place their .fire alarm
connections; and said city shall have from said company, its
successors and assigns, during said term, the use, free of
charge, of three telephones connected with the telephone
system of said city; and for all other telephones used by said
city, now or hereafter, the same shall be furnished by said
company, at one-half the regular rates for the time being,
charged by said company, the same to be placed at such
points within the city limits as the council may designate,
and to be kept and maintained in good repair and working
condition by said company, its successors or assigns. Pro-
vided, that nothing herein'shall be construed to increase the
price at present paid for the use of telephones by the fire
department of said city,
314 REVISED CITY ORDINANCES.
SEc. S. Said Western Telephone Company, its successors
or assigns, shall be liable to any person or persons injured, for
all damages resulting from the erecting, placing and main-
taining of such poles and wires, under the permission given
in this ordinance, as well as from the carelessness or miscon-
duct of any agent or employe of said company, or its success-
ors and assigns, in placing and maintaining or using such
posts or wires so placed.
And also hold said city safe and harmless from any damag-
es and costs, or cause of action that may be accrued against.
it, by reason of the placing or maintaining of such poles and
wires, and the carelessness or misconduct of the agents or em-
ployes of said company in regard to the same; and said com-
pany shall defend all suits brought against said city for da-
mages arising from or caused by placing or maintaining the
said poles and wires in the streets and alleys aforesaid.
SEc. 6. In the event of said company, its successors or as-
signs, failing to comply with any of the provisions of this or-
dinance, or violating the terms thereof, then it or they shall
forfeit to the City of Dubuque all rights and permission given
or granted under this ordinance.
SEC. 7. This ordinance is in the nature of a contract, and
shall be ili force from and after passage and publication in the
Dubuque Herald, and the acceptance in writing of the provi-
sions thereof by- the said Western Telephone Company; and
shall continue in force for the period of twenty (2o) years from
the date hereof, subject to the provisions thereof; said publi-
cation to be at the expense of said Telephone Company.
Passed and approved this 7th day of August, 1882.
REVISED CITY ORDINANCES. 315
CHAPTER CII.
AN ORDINANCE granting to the United States Electric
Light and Power Company of Iowa, the right to erect poles,
wires and other fixtures in the streets, alleys and public
parks of the city, for illuminating and other purposes.
SEC. 1. Company authorized to erect
poles.
2. No poles along the streets un-
less.
3. All under supervision of City
Council.
SEc. 4. Company holden for all damage
and liable over to the city.
3. Failure to complete work amts.
to forfeiture.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the United States Electric Light and
Power Company of Iowa is hereby authorized and empowered
to erect and maintain proper poles, racks, wires, including
district and time telegraph wires, and other fixtures, in the
streets, alleys and public parks of the city, for the term of
twenty (2o) years, for the purpose of establishing and main-
taining a proper plant for the supply, to said city and its in-
habitants, of electric illumination, by means of the arc and
incandescent system of electricity, and of power by means of
dynamics, and for other purposes.
SEC. 2. That said company shall erect 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 abso-
lute necessity to the proposed system, in the opinion of the
City Council of said city.
SEc. 3. That said company shall not unnecessarily ob-
siruct any street or alley in said city, in erecting, maintain-
ing or repairing its poles, wires and other fixtures, or allow
any street or alley, or other place, to become obstructed, or
to remain in a dangerous condition, and shall within a rea-
sonable time repair all damages done any street,alley or side-
walk, gutter or other public place. And all excavations, or
316 REVISED CITY ORDINANCES.
other interference with the streets or alleys, and the general
work of constructing said electric plant, and the placing of
poles therefor,shall be under the direction and by the consent
of the City Council of said city. In case of the failure of
said company to remove any obstructions upon the streets,
alleys, or places of the City of Dnbuque,which may be placed
or allowed by them to remain thereon; or should any street,
alley or public place become out of repair, by reason. of the
defective repairs 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 maintaining said plant, as herein set forth, and
' for any damage of whatever kind occasioned by erecting,
maintaining or operating the business of said company.
Should any action or proceeding be commenced or prosecuted
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 there-
on, the amount of such judgment with costs shall be re-
covered against said company in a proper proceeding, and
the record of the judgment against the city shall be conclusive
evidence to entitle the city to recover against said company.
SEC. 5. The rights herein granted are expressly condi-
tioned that said company shall within three years from the
passage hereof, erect and construct within the City of Du-
buque, the proper plant for supplying electricity, and for the •
other purposes above contemplated, and any failure to so do
shall work a forfeiture of this franchise.
Passed Sept. 10, 1883.
REVISED CITY ORDINANCES. 317
CHAPTER CIII. •
AN ORDINANCE regulating the Sprinkling of Streets and
Public Places.
SRC. 1. Unlawful to sprinkle without Sec. 4. Recorder shall keep record of per -
permit. mi ts.
2. The permit by whom and when 3. Council may make further regule-
issued. tions.
3. Additional permit granted when. 6. Violation subjects to fine from
$1.00 to 320.00.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That it shall be unlawful for any person or
persons to sprinkle with water any street, or portion of any
street, or other public place, in the City of Dubuque, except
in front of premises occupied by him, or them, without hav-
ing first obtained a written permit therefor. Such permit
shall be signed by the Mayor and attested by the City Re-
corder, with the seal of said city attached. The permit shall
specify accurately the block or blocks or definite portion of
the street for which the permission to sprinkle is granted ; it
shall also specify the period of time for which permission is
given,which shall not extend beyond the first day ofJanuary,
next ensuing.
SEC. 2. No permit for the sprinkling of any street, or por-
tion of any street, shall be issued, unless the person or per-
sons applying for the salve shall first obtain. and present to
the Mayor a written request, duly signed by the majority of
the persons residing or doing business in the buildings front-
ing on both sides of the street.or portion of the street proposed
to be sprinkled, asking for the granting of said permit, and
agreeing to contribute to the expense of sprinkling. When-
ever such written request shall be presented to the Mayor, it
shall be his duty to issue the permit to the person or persons,
or firm, in whose behalf the application is made. The appli-
cation or a copy of the same shall be filed in the office of the
City Recorder. Before issuing the permit, the Mayor shall
be satisfied that the written request for the same herein re-
quired has been signed in good faith. by a majority of the
318 REVISED CITY ORDINANCES.
actual occupants, of the buildings fronting •on the street- or
portion of the street to be sprinkled, and in case of any dis-
pute or doubt in relation thereto, the Mayor shall investigate
the facts, and decide accordingly, but any person aggrieved
by his action, may appeal to the Council.
SEc. 3. When a permit has been issued to any person or
persons, for the sprinkling of any street or part of a street, no
additional permit for the sprinkling of the same shall be
granted to any other party until the expiration of the time
specified: Provided, however, That if any person or persons
holding a sprinkling permit shall abandon the work, or fail
to perform the same •in a proper manner, the City Council
may declare the permit forfeited and cancelled, and.a permit
may be granted to other parties.
Sac. 4. It shall be the duty of the City Recorder to keep
a record of all permits issued under the provisions of this or-
dinance, showing the names of the persons to whom issued,
date of issue, street or part of street to be sprinkled and per-
. iod for which granted. He shall provide a suitable book for
that purpose and the proper blanks for permits.
SEC. 5. The City Council may at any time make such
farther regulations in regard to the manner of watering the
streets of the city as it may deem expedient, and may desig-
nate certain hours of the clay within which the salve shall he
done.
SEc. 6. Any person who after the taking effect of this or-
dinance shall violate the provisions of the first section hereof,
shall, on conviction thereof before any court having jurisdic-
tion, be fined for each offense not less than one (r) dollar nor
more than twenty (2o) dollars,in the discretion of the court,
and costs of prosecution.
Passed May 12,1885.
REVISED CITY ORDINANCES. 319
CHAPTER CIV.
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.
SEC. 1. Eighth street sewer extended. SEC. G.
2. (.round to be filled and how 7.
filled.
3. May fill streets to grade and use
same. -
4. City may require for public pur- �nents.
poses. le. Company to furnish funds.
s. Assessable valuation not to be increased except.
City reserves rights.
May lay railway tracks on streets
when.
8. Franchise given upon condition.
9. Failure to comply with require -
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 and 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 privileges
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 ly-
ing 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 unforseen causes, in which case as soon
thereafter as possible), to fill to the same grade and in same
manner all the lots and parts of lots and lands now owned by
the said Knapp, Stout & Co. Company or H. L. Stout with-
in the City of Dubuque lying east of the Chicago, .Milwaukee
& St. Paul Railroad north of the alley between Seventh and
320 REVISED CITY ORDINANCES.
Eighth streets and south of the filled grounds of said com-
pany or H. L. Stout lying north of Eighth street.
SEC. 3. That at the time of filling said lots said company
shall fill to the same grade, and with earth filling, all the
streets within the boundaries described in section two hereof,
and is hereby authorized to exclusively use and occupy all
streets and parts of streets so filled until the same shall he 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 fill-
ing said street,or the part thereof so reguired,without interest
and in no case to exceed the sum of twenty-five cents per cu-
bic 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 boun-
daries defined by section two hereof, now owned by said com-
pany or H. I,. Stout, shall not be increased for the period of
six 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 snaking 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 provisions hereof, and to have the same measured by the
City Engineer, whose estimates shall be deducted from meas-
REVISED CITY ORDINANCES. 321
urements made for the purpose of payment by the city for
the filling of such street.
SEC. 7. The Knapp, Stout & Co. Company, their success-
ors or assigns, are hereby authorized to lay down and main-
. tain a single railway track across all streets and alley.,' from
the intersection of the track of the Chicago, Milwaukee &
St. Paul Railroad with the track of the Dttnleith & Dubuque
Bridge Company, in a northeasterly direction, across Wash-
ington, Wall, Pine and Seventh streets, and the alleys be-
tween said streets, to a point in the alley between Seventh
and Eighth streets, in the Dubuque Harbor Improvement
Company's addition, thence easterly along said alley to the
slough: Provided, 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 io, 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 ap-
proaches thereto, so that all vehicles inay pass over the same.
SEC. g. 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,
Sc.Eio. 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
322 REVISED CITY ORDINANCES.
comply with said contract. And said The Knapp, Stout &
Co. Company are to furnish the necessary -funds to enable the
city to purchase filling sufficient to protect said sewer as the
work progresses, said filling not to cost to exceed twenty-five
cents per cubic yard; said filling to be measured and included
in cos? of filling said Eighth street by The Knapp, Stout &
Co. Company.
SEC. 1 i. This ordinance shall be in force from and after
its publication in the Dubuque Daily Herald.
Attest, JOHN GLAB, Mayor.
JAMES AGNEW, City Recorder, pro tem.
Adopted January 14th, 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 FRANK D. SToPT, Ass't Treasurer.
CHAPTER CV.
AN ORDINANCE providing for the erection and mainten-
ance of: telegraph poles and the stringing of wires thereon,
by the North American Telegraph Company, in the City of
Dubuque.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the North American Telegraph Co., its
successors and assigns, is hereby granted the right and privi-
lege to erect and maintain telegraph poles, and to string wires
thereon, 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 desig-
•
REVISED CITY ORDINANCES. 323
nate, 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 Amer-
. ican 'Telegraph Company, and the publication of this ordi-
nance in the Dubuque Daily Telegraph.
Adopted September :ltb. A. D. 1Sti6.
CHAPTER CVI.
AN ORDINANCE granting to the Eleventh Street Elevator
Company the right to construct and maintain a street rail-
way along Eleventh street, in the City of Dubuque, from
the west side of Bluff street to Highland Place, and to reg-
ulate the operation of the salve.
SEC. 1. Right to construct elevator. SEC. 4. Maintain platforms and rooms.
2. Ordinance granted upon condi- 5. Council to enforce police regula-
tions. tions.
3. How operated. 6. Rights granted upon condition.
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,
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 (1) are granted on the following express conditions,
to -wit:
r. That the said Eleventh Street Elevator Company shall
have said -railway fully completed and in operation within
fifteen (15) months from the date of the taking effect of this
ordinance.
2. That said railway shall be constructed in substantial
324 REVISED CITY ORDINANCES.
accordance with the plans submitted to the Council, and in
such a manner as shall cause the least possible annoyance or
inconvenience to the residents on the line of the street and
vicinity; that the tracks 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 ordinary travel. That said tracks shall be carried over
the intersections of Grove street and Weigel alley, and of the
alley next west of Bluff street, at such an 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 con-
structed in a neat and artistic style, and the superstructure
built in a neat and substantial manner.
SEc.3. That said railway shall he 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 terinination of its tracks,
and also at their intersection with Grove street, the platforms
or waiting rooms necessary for the accommodations of the
public, but said pratforms or waiting rooms shall be so con-
structed as not to obstruct the free use of the street for ordi-
nary 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 intersection of Eleventh street and Highland Place,
REVISED CITY ORDINANCES. 325
SEc. 5. 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
protection 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 com-
pensation to the owners of property abutting on the line of
said railway, for any damages which may be made to appear
to result from the construction of said railway.
Pusacd July 8th. IS8i.
CHAPTER C VI I.
AN 'ORDINANCE to define Cruelty to Animals, and pre-
scribing the punishment therefor.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That any person who overdrives, overloads,
tortures, or cruelly beats or unjustifiably injures, maims, mu-
tilates or kills any animal, or deprives any animal of neces-
sary sustenance, food or drink, or neglects or refuses to- fur-
nish it such sustenance or drink, or causes, procures or per-
mits any animal to be overdriven, overloaded, tortured, cru-
elly beaten or injured, maimed, mutilated or killed, or be de-
prived of necessary food or drink; or who wilfully engages in
or in any manner furthers any act of cruelty to any animal,
or works or drives, or permits to be worked or driven, any
animal unfit for service, or carries or causes to be carried in
or upon any vehicle, any animal in an inhuman manner; or
any person, being the owner or having charge of an old, dis-
eased, infirm or maimed animal, who shall abandon such
animal, or leaves it to die in the street or public road or
common, or permits it to lie there after reasonable notice,
326 REVISED CITY ORDINANCES.
shall be guilty of a misdemeanor, and shall, upon conviction
thereof, be fined not less than five, nor more than one hun-
dred dollars.
Ailoptc,l this 3rd day of Octohcr. W$ .
CITY CHARTER.
AN ACT for revising and consolidating the laws
incorporating the City of Dubuque.
• SECTION I. Be it enacted by the General Assein- Bouuidaries.
bly of the State of Iowa, that all that part of the
County of Dubuque, in the State of Iowa, included
within the following boundaries, to -wit: Beginning
at a point in the middle of the main channel of the
Mississippi river, in the south line continued of sec-
tion thirty-one (3i) • in township eighty-nine (89)
north of range three (3) 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 (35) and thirty-six (36) in the same
township, of range two (2) east of the fifth principal
meridian, to the west line of said section thirty-five
(35); thence north along the west line of sections
thirty-five (35), twenty-six (26), and fourteen (i4),
tp the north line of said section fourteen (i4);
thence east along the north line of said sections
fourteen (4) and thirteen (i3) to the range line
between townships two (2) and tlaree (3) east of
said meridian; thence north on the last mention-
ed range line to its intersection with the north
line of section seven (7) in the same township of
range three (3) east of said meridian; thence east
along the north line of section seven (7) and along
said line continued to the main channel of the Mis-
sissippi river; thence down the middle of the main
channel of the Mississippi to the place of begin-
328 CHARTER OF CITY OF DUBUQUE.
Officers.
ning, shall be, and is hereby declared to he a city,
and the inhabitants thereof are created a body cor-
porate 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 being itnpleaded, .
answering and being answered unto, in all courts
and places, in all matters whatsoever; and also of
purchasing, using, occupying, enjoying and con-
veying 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 com-
petent 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 aainunicipal corporation.
SEC. 2. The tight and power to exercise the
corporate powers hereby and herein granted, and
the administration of the fiscal, prudential and mu-
nicipal affairs of said city, with the conduct, direc-
tion and government thereof, shall be vested in a
Mayor and Aldermen, to be denominated the City
Council, neither of whom, while holding their re-
spective offices, shall hold any other under the city
government; and in a Recorder, Auditor, Treasurer,
Marshal, and City Attorney, and such other officers
as are herein mentioned, as the City Council, for
the better fulfillment and administration of the cor-
porate duties and powers herein granted, inay by
ordinance create and establish.
. SEC. 3. The Mayor, Aldermen, Recorder,Treas-
To be eleotod.urer, Auditor, and City Attorney, shall be elected
at the annual election, by the qualified voters of
said city, as hereinafter provided; and the said Re -
CHARTER OF CITY OF DUBUQUE. 329
corder,Treasurer, Auditor, and City Attorney, shall
hold their offices, respectively, for the term of one
year from the date of their election, and until their
successors are elected and qualified. Such other
officers as the City Council may by ordinance pro-
vide for,shall be either elected by the people or ap-
pointed 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 suc-
cessors are qualified; if appointed by the City Coun-
cil, 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 To take oath.
officers, before entering on the duties of their re-
spective offices, shall take an oath or affirmation to
support 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 he elected or appointed, 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 the faithful per-
fbrmance of all the duties appertaining to their re-
spective offices. All elective officers shall be citi-
zens of the State of Iowa, and qualified voters in
said city.
SEC. 4. The annual election for city officersti'henoteeted.
shall take place on the first Monday of April in
each year. Polls shall be opened in each ward un-
der 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 he
opened, which'shall be published in the official pa-
330 CHARTER OF CITY OF DUBUQUE.
on. • ntes of elec-pers of the city. The rules prescribed by law for
ti
the regulation of township elections, shall govern,
as far as applicable, the election or city officers,and
returns within two days shall be made out in the
same manner as by the township trustees, and de-
livered in a sealed envelope to the Mayor,who shall
within one week from the day of election, at a reg-
ular meeting of the City Council, or at a special
meeting to be called for that purpose, open the re-
turns in the presence of the Council, and the Confi-
cil, upon examination and comparison of the returns,
shall judge and decide the result, and these pro-
ceedings shall be entered upon the record by the
Recorder in his minutes of the proceedings of said
llualiHcationsCouncil of that meeting. .Every person qualified
nt' electms. a
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 ordi-
nance determine, into five or more wards, which
may be altered or changed at the pleasure of the
said council: Provided', That such change shall not
affect 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 alder-
man 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
Not to be in -member of the City Council shall be directly or
terestedin
contracts. indirectly interested in the profits of any contract
Wards.
Aldermen.
CHARTER OF CITY OF DUBUQUE. 331
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 alder-
man vote in said council upon any question in
which he is directly or indirectly interested.
- Sue. 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 ordinance
by fine not exceeding one hundred dollars, or by
imprisonment 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 Ftu raca°-
. eies.
among the officers of said city, by appointment, the
person' so appointed to hold office until the nextsuc-
ceecling April election, when the vacancy shall, if
an elective office, be filled by election by the people.
-Second—To establish and fix the salaries and Fix sar"vies.
compensation of all officers of said city, not fixed by
this 'act.
Third —To provide all needful regulations' and Protect city.
precautions to protect the city and the inhabitants •
thereof, against injuries by fire, thieves, robbers,
burglars, and all persons violating the publice peace. .
Fourth -To provide for the suppression of riots,P'hnisher""e•
gambling, and all indecent and disorderly conduct,
and for the punishetnent of all lewed and lascivi-
ous behavior in the streets and other public places
in said city.
Power of
Conneu.
332 CHARTER OF CITY OF DUBUQUE.
Prohibit eel.- Fifth —To prohibit the erection in any square or
tnin buildings
fraction of a square in said city of any building or
of any addition to any building, except the entire
walls thereof, shall be of stone, or brick and mor-
tar, and to provide for the removal of any .building -
erected contrary to the true intent and meaning of
said prohibition.
Establish Fire Sixth —To organize and establish fire companies,
Companies.
and provide them with engines and other apparatus,
and to regulate and prohibit the establishment of
an independent fire company or companies, after
the passage of this act.
Abate nnisan- Seventh —To require and compel the removal of
cos.
all obstructions of the public streets and alleys, and
the abatement of all nuisances in said city.
Bighn lots t tun or Eighth—To�
cause all grounds or lots where wa-
draiat
expense of
owners. ter shall at any time become stagnant or remain
standing, to be raised, filled up or drained, at the
expense of the owner thereof, and to effect this ob-
ject 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 designated
in said notice,the City Council may cause the same
to be done at the expense of the city, and assess the
expenses thereof against said grounds, and such as-
sessment shall be placed in the hands of the City
Collector, who shall proceed to collect the same,
with costs, by sale of such grounds, in such man -
CHARTER OF CITY OF DUBUQUE. 333
ner and under such restrictions and regulations as
may be provided by ordinance:. Provided, The own-
ers of such grounds shall have the right to redeem
within one year after sale, by paying the purchas-
ers the amount by them paid with ro per cent. in-
terest thereon.
Ninth —To make regulations to secure the getter- Boles to
cure general
al health of the city, and to cause the removal of cit}a-Ith of the
all dirt, filth, or other nuisance, which may at any
time be accumulated upon any lots or streets or al-
leys in said city, at the expense of the owners of
the grounds on which it lies.
Tenth —To establish hospitals, workhouses and a T o s e ,nt>1 1i
city jail, and make regulations for the government ,W„,Z yJail.
�, and Cit Jnil.
thereof.
Eleventh —To prohibit hogs, cattle, horses, and To prohibit
animals run -
all other animals from running at large in the ningat large.
streets, alleys and public places in said city.
Twelfth —To establish a day and night police, get blish
and punish resistance to them or any other city offi-
cers in the discharge of their duties.
•
Thirteenth —To open, alter, extend, widen, estab- Coneets.tt•oi
Str
^fish and vacate, and to grade, pave and otherwise
improve, 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 re- Bridges'
pair, bridges, culverts and sewers, and regulate the
use of the salve; 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 mar- Market house
334 CHARTER OF CITY OF DUBUQUE. CHARTER OF CITY OF DUBUQUE. 336
ket places, and provide for the regulation and gov-
ernment thereof.
Public Build-
ings. Sixteenth —To provide for all needful buildings
for the use of the city, and for enclosing, improv-
ing and protecting all public grounds belonging to
the city.
wharvo`. "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.
corseTe regul
of Merate li-
-
Eighteenth—To license, tax and regulate altC-
chants, Hotels
etc. tioneers, peddlers and traveling merchants, gro-
cers, merchants, retailers, hotel keepers, and keep-
ers of livery stables, of eating houses, boarding
houses, saloons and places of amusement, and bank-
ers, dealers in money, warrants, notes and other ev-
idences of indebtedness, and works of all kinds.
License carri-
ages, wagow, Nineteenth —To license, tax and regulate hack -
drays, etc.
ney carriages, omnibusses, wagons, carts, drays,
and all other vehicles, and porters, and fix the rates
to be charged for the carriage of persons, and for
the waggnage, cartage, drayage or porterage of
property.
License thea-
ters, shows,
dogs, etc.
Twentieth —To license, tax, regulate and sup-
press theatrical and other exhibitions, shows and
amusements, and billiard tables, ten pin alleys,
and to suppress gambling houses, and bawdy -
houses, and houses of prostitution; also to tax and
destroy dogs, to regulate the weights and measures
Inspection provisions, � to be used in said city; • ; to provide for the inspection
produce, etc. and measuring of wood, lumber and oils, and for
the inspection and weighing of coal and hay, and
to provide for and regulate the inspection of beef,
pork, flour, butter, lard and other provisions, and
to regulate the vending of meat, poultry, vegeta-
bles and other provisions.
Twenty -first —To establish regulations respecting begajnga
character and size of the foundation and other walls
of buildings in said city, and to enforce the same
by the removal of buildings erected in violation of
such regulations at the expense of the owner or les-
see of the lots upon which they are situated.
Twenty -second —To purchase land or other prop- T o p''r chase
and dispose of
erty for the use of the city, and to dispose of all sonaipnope) cr
personal property of the city at the pleasure of the
Council, and of the real estate of the city, when au-
thorized so to do by the majority of the legal voters;
and the Council may by ordinance provicle for sub-
mitting 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 cur- taxTo co
rent 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 To provide for
assessment.
all taxable property in said city, with reference to
taxation for city purposes. Appeal shall lie from
the assessment of any officer appointed by the City
Council to assess property, to the City Council, whose
adjudication shall he final.
Twenty -fifth —To audit all claims against the Audit claims.
city, and order the payment of such as shall be al-
lowed:
336 CHARTER OF CITY OF DUBUQUE.
License and Twenty -sixth —The CityCouncil shall have the
regulate fer-
ries. exclusive right to license and regulate ferries, and
to establish the rates of ferriage between Dubuque
and the opposite bank of the Mississippi river.
To make ordi- Twenty -seventh —To make all such ordinances
names. as to them shall seem necessary to provide for the
safety, preserve the health, promote the prosperity,
and improve the morals, order, comfort and con-
venience of said city and the inhabitants thereof.
urdinaneee. SEc. 8. The ordinancespassed bythe City
wlion to take
effect., Council shall take effect from and after the date of
their publication in such newspaper of the City of
Dubuque as the Council shall designate, the date
of which publication shall be noted by the Record-
er in his record of the ordinances, and such record
shall be evidence of the time and fact of such pub-
lication: Provided, That the City Council may au-
thorize the revision and publication of the ordinan-
ces 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 contain the resolution of the City
Council authorizing its publication,and a certificate
of the City Recorder that the ordinances and re-
solutions therein contained are correct copies from
the records in his office, and shall then be received
without further proof, as presumptive evidence of
such ordinances and resolutions: And,provided, fur -
/her, That the City Council may provide for the
taking effect of any ordinance not before a clay cer-
tain therein specified. All ordinances passed by
the City Council shall be signed by the Mayor and
attested by the Recorder, and shall be recorded 'in
books kept for that purpose.
Right to re-
vise.
CHARTER OF CITY OF DUBUQUE. 337
SEC. 9. All orders of the City Council for the signed
e
payment of money shall be signed by the Mayor
and attested by the Recorder and countersigned by
the City Auditor.
SEC. 1:0. All fines and forfeitures collected for Fines paid
Treasury.
violations of city ordinances shall be paid into the
Treasury and the Mayor shall see that the same is
done without unnecessary delay."
Src. i i. The Mayor is the executive officer of theMand pagayer: erof. Duty
city, and it is his duty to be vigilant and active at
all times in 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 and ordinances
and resolutions of the council ; he is ex-officio
president of the City Council, but shall have no vote
therein except a casting vote when there is a tie.
The City Council shall elect a Mayor pro tempare,
whoji i case of the absence or inability of the Ma-
yor, shall discharge all the duties and possess all
the powers that belong to the Mayor.
SEc. 12. The Recorder shall be secretary of the Recorder.
City Council and shall keep a full record of the pro-
ceedings ; he shall have the custody of all the rec-
ords, books and papers of the city, and of the city
seal, and shall discharge such other duties as may
be devolved upon him by law or ordinance, and
shall keep his office at such place as the City Coun-
cil shall provide and designate.
SEC. 13. The City Auditor shall keep, in prop-
er books provided for that purpose, a full and fair
exhibit of the finances of the city, its revenues, ex-
penditures, indebtedness and credits. He shall
countersign all orders on the treasury drawn for
Auditor.
tii
it
338 CHARTER OF CITY OF DUBUQUE.
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.
City Marshal. SEC. 14. It shall be the duty of the City Mar-
shal to attend the meetings of the City Council, to
execute it orders, to arrest and bring before the
proper court, with or without warrant, all whom
he shall find in the actual violation of any ordi-
nance, 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
to appoint deputy marshals.
(ityTreasurer SEC. 15. It shall be the duty of the City Treas-
urer to take charge of and keep the fonds and
moneys of the city; he shall keep the same in sep-
arate funds, to be denominated the "general fund"
and the "road fund," and shall pay out money only
upon orders from the City Council, signed by the
Mayor and attested by the Recorder, and counter-
signed 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.
CityAttorney. SEC. 16. It shall be the duty of the City Attor-
ney 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 ad-
vice to all officers of the city, and to perform such
other duties as may be devolved upon him by law
or ordinance.
CHARTER OF CITY OF DUBUQUE. 339
SEC. 17. The City of Dubuque is authorized to City may bor-
row money. .
borrow money upon the credit of the city, and to
issue the bonds of the city: Provided, That the
proposition to borrow 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 mon-
ey to be borrowed, and the purpose for (which the
money is to be borrowed; and in case the proposi-
tion is adopted by a vote of two-thirds of the quali-
fied electors of said city, the City Council inay at
any time thereafter, within the space of one year,
authorize the borrowing of the money, and the issu-
ing of the bonds.
SEc. i8. The City of Dubuque is constituted a city cpeciai
road distrlet
special road district, and the care and supervision of
the highways in said city is devolved upon the City
/ Council, and the City Council is authorized, in ad-
dition 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 he assessed by the
County Board of Supervisors. No county or town-
ship 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 responsi-
bilities imposed by law upon such officers shall, as
to the streets and highways in said city, devolve
tipon the City Council.
SEc. i:g. The City Council shall have power ton�Ciiidor te'rVieesn
open, widen or extend any street or alley in said,lre y. `t,•eers1
city, and under such regulations as may by ordi-
nance be prescribed, may cause a jury to be sum-
moned, who shall apportion and assess the damages
and benefits which any person may sustain by rea-
340 CHARTER OF CITY OF DUBUQUE.
son 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 ap-
propriated,in writing or by publication,or they will
not be bound by the proceedings. The damages as-
sessed to any persons constitute a valid claim on the
part of such persons 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- lay-
ing out and establishment of the street, and the
jury shall be summoned to assess the damages at
least within one month thereafter, and their appor-
tionment 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 informali-
ties.
Marshal to no- SEC. 20. The Marshal shall notify the owners
tlry owners.
of all lots and grounds against which any sum shall
be apportioned, 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 de-
fault of payment shall be made, the Recorder shall
deliver to the collector of taxes for the city a state-
ment of the same, and he shall proceed to collect
the same by sale of the property as may he pre-
scribed by ordinance.
T ar lens spe• SEc. 21. The city may levy a special tax on any
vial tax.
. lot or lots, or the owners thereof, on any alley,
CHARTER OF CITY OF DUBUQUE. 34t
street or highway, or any part thereof, for the pur-
pose of grading, paving or macadamizing the same,
or for the purpose of grading,paving or curbing the
sidewalks, and may collect the same under such
regulations as may be prescribed by ordinance.
SEC. 22. The city may appropriate lands for the nias' _� t� pp ='_;-
prittte lauds
purpose of using the same for jails, workhouses, use. public
markets, and other public buildings, and to provide
for supplying the city with water by constructing
acqueducts, reservoirs,•aud other conveniences, and
compensation therefor to be ascertained as provided
by law.
SEc. 23. No addition to the City of ue Dttbu itegulate
Dubuque ditions to thu
shall be lawful unless it is first submitted to the city.
City Council for their approval, who shall have ex-
clusive 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.
• SEC. 24. Actions for the violation of city ordin- sietiens, hew
hrought.
ances shall be brought in the name of the State of
Iowa, for the use of the city of Dubuque. The
proceedings 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 apprehen-
34R CHARTER OF CITY OF DUBUQUE. CHARTER OF CITY OF DUBUQUE. 343
sion of the accused. But the City Council may by
ordinance provide that certain designated officers
may arrest any person actually found violating any
ordinance, and commit them for trial without war-.
rant; the trial shall be in a summary manner, and
without the intervention of a jury, unless demand-
ed by the defendant.
ed perty vest-
SEc. 25. The City of Dubuque shall be and
Dubuque.
()barges
agai n s t
officers.
Member o Y
Council may
be expelled.
hereby is invested as the lawful owner and proprie-
tor, with all the 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 demands due and
owing, or in any wise belonging to the City of Du=
buque, under any previous act of incorporation, and
all rights, interests, claims and demands against or
in favor of said city, may be continued, .prosecuted,
defended and collected in the same manner as
though this act had never been passed.
SEC. 26. The City Council shall provide by or- -
dinairce for the mode in which charges may be pre-
ferred against any officer under the city govern-
ment, 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 of all the aldermen elected; but not, a
second time for the 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 it shall
require a vote of two-thirds of all the aldermen
elected to said Council to remove any officer elected
by the voters of the city, or of any ward or district.
SEC. 28. The City Council are authorized to i °v a'Pe
levy in each year a special tax, to pay the interest clal tax'
on such loans as are. authorized by the seventeenth
section of this act.
SEc. 29. The aldermen of the City of Dubuque, �o dfortern0.
and all other officers now elected, shall hold and
exercise their offices for and during the terin for
which they are chosen.
SEc. 30. All acts and parts of acts heretofore of�Aats
passed relative to the incorporation of said City of repealed.
Dubuque, shall be, and the same are hereby re-
pealed, as far as the same come within the purview
of this act. All ordinances passed under 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 repealed,
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 Public Act.
all courts as a public act.
SEc. 32. This act shall be submitted for the Tsubmittedhisral to be
to
approval of the electors of the City of Dubuque at Pita of peo-
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 Tri-
bune, the Express and Herald, the National Demo-
crat, the Republican, and the Staats Zeitung news-
papers, at the expense . of said city. The tickets
which shall be polled at such elections shall con-
tain 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
344
CHARTER OF CITY OF DUBUQUE.
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 newspa-
To take effect. pers, 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 until
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.
EI,IJAH SELLS,
Secretary of State.
AN ACT OF CONGRESS
OF THE UNITED STATES
LAYING OFF THE TOWN OF' DUBUQUE.
AN ACT for laying off the towns of Fort Madison and Bur-
lington, in the County of Des Moines, and the towns of
Bellevue, Dubuque and Peru, in the County of Dubuque,
Territory of Wisconsin, and for other purposes.
SECTION I. Be it enacted by the Senate and House of
Representatives of the United States of America, in Congress
assembled: That the tracts of land in the Territory of Wis-
consin, including the towns of Fort Madison and Burlington,
in the county of Des Moines; Bellevue, Dubuque and Peru,
in the county of Dubuque; and Mineral Point, in the county
of Iowa, shall, under the direction of the Surveyor General
of the public lands, be laid off into town lots, streets, ave-
nues, and the lots for public use called the public squares,
and into out -lots, having regard to the lots and streets al-
ready surveyed, in such manner and of such dimensions as he
mny think proper for the public good and the equitable rights
o the settlers and occupants of said towns: Provided, The
tracts of land so to be laid off into town lots, etc., shall not
exceed the quantity of one entire section, nor the town lots
one half of an acre; nor shall the out -lots exceed the quantity
of four acres each. When the survey of the lots shall be
completed a plat thereof shall be returned to the Secretary
of the Treasury, and within six months thereafter the lots
shall be offered to the highest bidder, at public sale, under
the direction of the President of the United, and at such oth-
er times as he shall think proper: Provided, That no town
lot shall be sold for a sum less than five dollars. And, pro-
346 ACTS OF CONGRESS.
vided, farther, That a quantity of land of proper width, on
the river banks, at the towns of Fort Madison, Bellevue, Bur-
lington, Dubuque and Peru, and running with the said riv-
ers the whole length of said towns shall be reserved from sale
(as shall also the public squares), for public use, and remain
forever for public use, as public highways and for other pub-
lic uses.
SEC. 2. And, be it further enacted, That it shall be the
duty of the said surveyor to class the lots already surveyed in
the said towns of Fort Madison, Burlington, Bellevue, Du-
buque, Peru, and Mineral Point, into three classes, according
to the relative value thereof, on account of situation and
eligibility for business, without regard, however, to the im-
provements made thereon; and previous to the sale of said
lots as aforesaid, each and every person or persons, or his,her
or their legal representatives, who shall heretofore have ob-
tained from the agent of the United States a permit to occupy
any lot or lots in the said towns, or who shall have, by build-
ing or enclosure, actually occupied or improved any lot or
lots in the said towns, or within the tracts of land hereby au-
thorized to be laid off into town lots, shall be permitted to
purchase such lot or lots by paying therefor in cash, if the
same fall within the first class as aforesaid,at the rate or forty
dollars per acre; if within the second class, at the rate of
twenty dollars per acre; and if within the third class, at the
rate of ten dollars per acre: Provided, That no one of the per-
sons aforesaid shall be permitted to purchase, by authority of
this section, more than one acre of ground to embrace im-
provements already made.
SEC. 3. And, be it farther enacted, That the sum of three
thousand dollars be, and the same is hereby appropriated, to
be paid out of any money in the treasury not otherwise ap-
propriated, to defray the expenses of surveying the lands cov-
ering the said towns of Fort Madison, Burlington, Bellevue,
Dubuque, .Peru and Mineral Point.
Approved July a, 1896.
ACTS OF CONGRESS. 347
AN ACT to amend an act entitled "An act for laying off the
towns of Fort Madison and Burlington, in the county of
Des Moines, and the towns of Bellevue, Dubuque and Peru,
in the county of Dubuque, and Mineral Point, in the
county of Iowa, Territory of Wisconsin, and for other
purposes," approved July end, 1836.
Re it enacted by the Senate and House of Representatives
of the Veiled States of America, in Congress assembled, That
all acts and duties required to be done and performed by the
surveyor for the Territory of Wisconsin, under the act to
which this is an amendment, shall be done by a Board of
Commissioners of three in number, any two of whom shall be
a quorum to'do business; said Commissioners to be appointed
by the President of the United States, and shall, previous to
their entering upon the discharge of their duties, take an
oath or affirmation to perform the same faithfully and impar-
tially: Provided, That the action of. the Commissioners ap-
pointed under the present act shall not interfere with any of
the acts performed by the Surveyor General, prior to the
time of the passage hereof, in pursuance of instructions under
the act to which this is amendatory.
Ste. 2. And, be it further enacted, That the said Com-
missioners hall have power to hear evidence and determine
all claims to lots arising under the act to which this is an
amendment; and for this purpose, the said Commissioners
are authorized to administer all oaths that may be necessary,
and reduce to writing all the evidence in support of claims to
pre-emption presented for their consideration; and when all
the testimony shall have been heard and considered, the said
Commissioners shall file with the proper register and receiver
for the district within which the towns are situated respect-
ively, the testimony in each case, together with a certificate
in favor of each person having the right of pre-emption under
the provisions of the act of which this is amendatory; and
upon making payment to the proper receiver of public
r
348 ACTS OF CONGRESS.
moneys for the lot or lots to which such person is entitled,
the receiver shall grant a receipt therefor, and the register
issue certificates of purchase, to be transmitted to the Com-
missioner of the General band Office, as in other cases of the
sale of public lands. .
SEc. 3. And, be it further enacted, That the proper reg-
ister and receiver of public honeys, after the Board of Com-
missioners have heard and determined all the cases of pre-
emption under the act to which this is an amendment, shall
expose the residue of the lots to public sale to the highest
bidder, after advertising the same in three public newspapers ;
at least three months prior to the day of sale, in the same
manner as is provided for the sale of public lands in other
cases; and after paying the Commissioners the compensation
hereafter allowed them, and all other expenses incident to
the said survey and sale, the receiver of the land office shall
pay over the residue of the money he may have received
from the sale of lots aforesaid, by pre-emption as well as at
public auction, into the hands of the trustees of the respective
towns aforesaid, to be expended by them in the erection of
public buildings, the construction of suitable wharves, and
the improvement of the streets in the said towns of Fort Ma-
dison, Burlington, Bellevue, Dubuque, Peru, and Mineral
Point.
SEC. 4. And, be it further enacted, That the Commission-
ers appointed to carry this act into effect, shall be paid by
the receiver of public moneys, of the proper land district, six
dollars each per day for .their services, for every day they are
necessarily employed.
Approved March 3, 1837,
ACTS OF CONGRESS. 349
AN ACT to authorize the constituted authorities of the City
of Dubuque, in the State of Iowa, to enter certain islands
between the landings of said city and the main channel of
the Mississippi river.
Be it enacted by the Senate and House of Representatives
of the United States of America, in Congress assemb/cd,
That the constituted authorities of the City of Dubuque, in
the State of Iowa, be, and they are hereby authorized, to en-
ter the islands in the Mississippi river opposite the said city,
which are fractions, within sections nineteen and thirty, in
township eighty-nine north, in range three east; and in sec-
tion twenty-five, township eighty-nine north, range two east,
at the minimum price of the public lands.
Provided, Said entries shall be. made within six months
from the passage of this act.
Approved March 3, 1847.
AN ACT for the relief of the town of Bellevue and the cities
of Burlington and Dubuque, in the State of Iowa.
Be it enacted by the Senate and House of Representatives
of the hnitcd States of America, in Congress assembled,
That there shall be and hereby is granted to the town of
Bellevue, in Iowa, the land bordering on the Mississippi river,
in front of said town, reserved by the act of second of July,
eighteen hundred and thirty-six, for a public highway and
for other public uses, together with the accretions which may
have formed thereto, or in front thereof; to be disposed of in
such manner as the corporate authorities of said town may
direct. The grant made by this act shall operate as a relin-
quishment only of the right of the United States in and to
said premises, and shall in no manner affect the rights of
third persons therein, or to the use thereof, but shall be sub-
ject to the same; and on application by a duly authorized
agent of the corporate authorities of said town to the Con1-
350 ACTS OF CONGRESS.
inissioner of the General band Office, a patent of relinquish-
ment, .in accordance with the provisions of this act, shall be
issued therefor as in other cases.
SEC. 2. And be it further enacted, That these shall be
and hereby is granted .to the cities of Burlington and Du-
buque, in Iowa, the land bordering on the Mississippi river,
in front of said cities, reserved .by the act of second July,
eighteen hundred and thirty-six, for a public highway, and
for other public uses, together with the accretions which may
have formed thereto, or in front thereof ; to be disposed of in
such manner as the corporate authorities of said cities may
direct.
SEC. 3. And, be it further enacted, That the grant made
by this act shall operate as a relinquishment only of the right
of the United States in and to said premises, and shall in 110
manner affect the rights of third persons therein, or to the
use thereof, but shall be subject to the same; and on applica-
tion by a duly authorized agent of the corporate authorities of
said cities to the Commissioner of the General Land Office, a
patent of relinquishment, in accordance with the provisions
of this act, shall be issued therefor as in other cases.
SEC. 4. And, be it ficrther enacted; That the lot or parcel
.of land in the City of Dubuque, heretofore set apart and used
by the authorities of said city, as a cemetery or burying
ground, under the act of Congress of the second of July,
eighteen hundred and thirty-six, entitled "An act for laying
off the towns of Fort Madison and Burlington, in the county
of Des Moines,'and the towns of Bellevue, Dubuque and Peru,
in the county of Dubuque, Territory of Wisconsin, and for
other purposes" ; and the act of the third of March, eighteen
hundred and thirty-seven, amendatory thereof, be and the
same hereby is granted to the Common Council of the said
City of Dubuque, to make such disposition of the said land,
included in said cemetery or burying ground, as that Com-
mon Council may deem proper.
Approved February 14, 1853.
ACTS OF CONGRESS. 351
AN ACT to constitute Palatka and Bayport, in the State of
Florida, ports • of delivery, respectively, and Keokuk and
Dubuque, in the State of Iowa.
Be it enacted by the Senate and Houusc of Representatives
rf the United States rf America, in Congress assembled.
That Palatka and Bayport, in the State of Florida, shall be,
and are hereby created, ports of delivery, respectively, and
shall be subject to the salve regulations and restrictions as
other ports of delivery in the United States; and there shall
be appointed a surveyor of the customs, to reside at each of
said ports, who shall, in addition to his own duties, also per-
form the duties and receive the salary and emoluments of
surveyors, prescribed by act of Congress, passed on the 2d
day of March, one thousand eight hundred and thirty-one,
providing for the payment of duties on imported goods, at
certain ports therein mentioned, the same being entitled, "An
act allowing the duties on foreign merchandise imported in-
to Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis,
Nashville, and Natchez, to be secured and paid at those
places," and said Palatka be made a part and annexed to the
collection district of St. Johns, in said State; and said Bay-
port be made a part and annexed to the collection district of
St. Marks,in said State of Florida; and all the privileges and
facilities afforded to Pittsburgh, Wheeling, Cincinnati, Louis-
ville, St. Louis, Nashville and Natchez, by the act of Con-
gress aforesaid, be, and the same are hereby extended to said
ports of Palatka and Bayport.
SEC. 2. And, be it fiirther enacted, That Keokuk and
Dubuque, in the State of Iowa, be, and hereby are constitut-
ed, ports of delivery within the collection district of New Or-
leans, and there shall be appointed a surveyor of the customs
for each of said ports, who shall be resident thereat; said sur-
veyors shall perform the duties and receive the salary and
emoluments prescribed by the act of Congress, approved on
the second day of March, eighteen hundred and thirty-one,
352
ACTS OE CONGREss.
entitled, "An act allowing the duties on foreign merchandise
imported to Pittsburgh, Wheeling, Cincinnati, Louisville,
St. Louis, Nashville, and Natchez, to be secured and paid .at.
those places."
Approved August 3, 1851.
AN ACT OIL THE LEGISLATURE
OF THE
TERRITORY OF WISCONSIN,
UNDER WHICH THE
TOWN OF DUBUQUE WAS INCORPORATED IN 1837.
AN ACT to incorporate the inhabitants of such towns as may
Wish to be incorporated.
SECTION I. Be it enacted by the Council and House of
Rej5resentatives of the Territory of Wisconsin, That when-
ever the zeIzite male inhabitants over the age of twenty-one
years, being residents of any town or village of any number
of dwellings situated contiguous and convenient for such pur-
poses in this Territory containing not less than three hun-
dred persons shall -wish to become incorporated for the better
regulation of their internal police, it shall be lawful for the
said residents who may have resided six months therein, to
assemble themselves together in public meeting at the court
house, or other place in said town, and when so assembled,
they may proceed to choose a president and clerk of the meet-
ing from among themselves, both of whom shall be sworn or
affirmed by any person authorized to administer oaths, faith-
fully to discharge the trust reposed in them as president and
clerk of said meeting. Provided, however: That at least ten
days' public notice of the time and place of holding said meet-
ing shall have been given in some public newspaper, or by
setting up public advertisements at the most public place in
such town.
354 TERRITORIAL LAWS.
SEC. • 2. - The residents of any town aforesaid, having as-
sembled as directed in the first section of this act, may pro-
ceed to decide by vote, viva voce, whether they will be in-
corporated or not, and the president and clerk, after their
votes are given in, shall certify, under their hands, the num-
ber of votes in favor of being incorporated, and the number
against being incorporated, and if it shall appear that two-
thirds of the votes taken are in favor of being incorporated,
the president and clerk shall deliver a certificate of the state-
ment of the poll to the Board of Trustees, to be elected as
hereafter provided.
SEc. 3. Whenever the qualified voters under this act ot
any town shall have decided in the manner herein provided,
that they wish to be incorporated, it shall be the duty of the
clerk of the meeting at which they may so decide, to give at
least five days' public notice to the said voters, to assemble at the
place of holding county elections in such town, on .a day to
be named in such notice, to elect by ballot vivE (5) residents
ot such town for trustees of the same, who shall hold their of-
fice for one year, and until other trustees are chosen and
qualified, at which first election the president and clerk of the
first meeting shall preside, or in case of the absence of either
of them, some suitable person shall be appointed 'by the elec-
tors present, to fill such vacancies, and at every succeeding
election for president and trustees they shall direct the man-
ner in which the same shall (be) conducted.
SEc. 4. The Board of Trustees of any town, elected agree-
ably to the provisions of this act, shall choose a president out
of their own body, and the president and trustees aforesaid,
and their successors in office, shall thenceforth be considered
a body corporate and politic by ,the naive and style of the
president . and trustees of the town of , and by such
name and style be forever able and capable in law and equi-
ty to sue and be sued, to plead and be impleaded, to answer
and be answered, and to defend in all matters of suits, pleas,.
TERRITORIAL LAWS. 355
causes and demands of whatsoever kind or nature they may
be, in as full a manner as any person or persons, bodies po-
litic or corporate, can or may do, and may have a common
seal, and may alter the same at pleasure. .The said president
and trustees shall require their clerk to keep a fair journal
and record of all their proceedings, and record all by-laws
and ordinances which they make, in a book to be provided
for that purpose. The Board of Trustees, when duly organ-
ized, shall also (appoint) a town treasurer, who shall hold his
office for the term of one year, or until another shall be duly
chosen and qualified. The treasurer shall be required to
give bond, with good sureties, for the safe keeping of the
moneys intrusted to him, and for the paying over the same
upon the requisition of the Board of Trustees.
,SEC. 5. The president and trustees, or a majority of them,
of any town incorporated as heretofore directed, shall have
power to make, ordain and establish and execute such ordi-
nances in writing not inconsistent with the constitution and
laws of the United States, and of this Territory, as they shall
deem necessary, to prevent and remove nuisances, to restrain
and prohibit gambling or other disorderly conduct, and to
prevent the running of and indecent exhibitions of horses
within the bounds of such town, to provide for the licensing
of public shows, to regulate and establish markets, to open
ditches, and to provide for drawing off water, to sink and
keep in repair public wells, to keep open and in repair the
streets and alleys of such town, by making pavements or side-
walks, or other improvements over the same, as to them may
seem needful: Provided, always, That the lot iii front of
which any sidewalk is made, shall be taxed to pay at least
one-half of the expenses of making such sidewalk. The said
president and trustees shall also have the power to provide
such means as they may deem necessary to protect such towns
from injuries by fire, and for the purpose of carrying the
aforesaid powers into effect, the said president and trustees
356 TERRITORIAL LAWS.
shall have the power to define the boundaries of such town:
Provided, That the same shall not exceed two miles square,
and to levy and collect annually a tax on the real estate in
such town, not exceeding fifty cents on every hundred dollars
of assessment valuation thereof, and also on all personal prop-
erty in such town not exceeding twenty-five cents on every_
li undred dollars of assessment valuation thereof.
Src. 6. It shall be the duty of said president and trustees
to cause all the streets and alleys of such towns, and public
roads passing from and through such town for one mile from
the center thereof, to be kept in good repair, and to this end
they are authorized to require every Male resident of such
town over the age of twenty-one and under sixty years, to la-
bor on said streets, alleys and roads at least two days in each
and every year, or to pay instead .thereof one dollar per day,
and if such labor be insufficient, to appropaiate so much of
the tax levied on real estate, and of the taxation on personal
property as may be necessary to keep said streets, alleys and
roads in repair; and also to appoint and prescribe the duty of
all such officers of such town as they may deem necessary to
carry into effect the foregoing powers. The collector of the
corporation tax and the treasurer shall severally give bond,
made payable to the president, trustees, and their successors
in office, with good and sufficient securities, in such sums as
may by said president and trustees be deemed advisable; and
a clause shall be inserted, that if at any time additional se-
curity shall be required, the same shall be given, the condi-
tion of which bond shall be, that the officers shall faithfully,
perform the duties of their office, and said officers shall re-
main [in] office one year (unless sooner removed), and until
others have given bond as herein named.
SEC. 7. The said president and trustees elected under this
act shall continue in office for one year, and until their suc-
cessors in office shall be elected and qualified, and it shall be
their duty before their time expires, to give at least ten days'
TERRITORIAL LAWS. 357
public notice to the qualified voters under this act, to meet at
such a place as they may name in such town, and elect a new
board of president and trustees for said town,and all vacancies
which may happen in said board by resignation or otherwise,
before their time of office expires, shall be filled by the other
members of the board; the proceedings of said meeting shall
always be public, and all their ordinances before taking ef-
fect shall be published, for at least ten days, in a newspaper
of such town, or by setting up copies of the same in three of
the most public places in such town. A majority of said
board shall constitute a quorum.
SEC. 8. All moneys arising from the collection of taxes,
fines, penalties and forfeitures, shall be appropriated by said
president and trustees towards the erecting and improving
and regulating those objects which by this act are placed
under their control and jurisdiction, and to none others; and
it shall be their duty to have an account current of the fiscal
concerns of the corporation so kept as will at all times show
the true situation of the same, to such as may desire to inspect
the same; and the president and trustees shall have full
power to enforce their ordinances, by authorizing the person
or persons by them appointed to collect any tax imposed in
pursuance of this act to collect the same by distress, and sale
of goods and chattels of the person chargeable with the same,
on giving at least fifteen days' public notice of the time and
place of such sale; and if no goods and chattels of the person
chargeable with said tax can be found, it shall be lawful to
sell any town lot owned by such person, or so much thereof
as will pay the tax due and in arrear from any such person,
upon giving at least thirty days' notice of the time and place
of holding such sale, paying to the owner or owners the over -
plus, if any. The president and trustees may impose fines
for the breach of their ordinances, but no fine shall be inflict-
ed on any one person for any one breach of any one ordinance,
of more than ten dollars, and not less than twenty-five cents,
358 • TERRITORIAL LAWS.
which fine, together with the costs of suit, may be recovered
by any justice of the peace by action of debt, in the naive of
the president and trustees of such town, and collected by
execution, as other judgments of justices of the peace. All fines
collected in pursuance of this act shall, by the officer collect-
ing the same, be paid over to the treasurer of the corporation,
and for an omission so to do, such officer may be proceeded
against by the president and trustees in an action of debt for
the same.
SEc. 9. Two-thirds of the qualified voters of any town
incorporated according to the provisions of this act, shall have
power to dissolve the same at any annual election for presi-
dent and trustees, by voting against the incorporation as is
directed in the second section of this act: Provided, That
notice shall be required to be given tor at least thirty days in
a newspaper of such town, or.by setting up written or printed
notices for that length of time in three of the most public
places in such town, of an intention to vote in favor of the
dissolution of such corporation.
SEc. to. Whenever the president and trustees of any town
shall be elected as herein directed, it shall be the duty of the
president and clerk of the first meeting. provided for in the
first section of this act, to deliver to them a certified state-
ment in writing of the polls at said first election, and it shall
be the duty of such president and trustees to deposit the saine
with the Clerk of the District Court of the proper county, to
be entered on record in his office, and, before entering upon
their duty, to take an oath to discharge their duty according
to their best abilities.
SEc. it. Whenever any town shall be incorporated by
this act,all other laws incorporating the same,or made to reg-
ulate in any way the internal police of such town, shall be
considered repealed, and whenever any town corporation shall
be dissolved according to this act, all persons having any
TERRITORIAL LAWS. 359
funds belonging to such corporation in their hands, shall pay
the same into the county treasury, and all bonds and security
taken for the same by said corporation, shall vest in the
treasurer also, who shall have a right to sue for the same be-
fore any justice of the peace in said county, and that all mon-
ies received or collected by said treasurer aforesaid, shall be
considered as county funds and may be appropriated as such.
Approved December Oth, 1836.
LAWS OF IOWA,
RELATL.NU TO CITIES ACTING UNDER SPECIAL CHARTER.
AN ACT to grant to the City of Dubuque title to certain
lands.
WHEREAS, The City of Dubuque has purchased of the
United States a large tract of land, consisting of low lands and
islands, lying between the main channel of the Mississippi
river and the main west bank thereof, and has received of the
United States patents therefor, andlhas expended and caused
to be expended large sums of money in running streets across,
filling and improving said tow lands and islands, and the
sloughs and ponds of water which intersect the same, and
WHEREAS, Doubts have arisen whether the title of said
lands is now in the State of Iowa, therefore:
SECTION i. Be it enacted by the General Assembly of the
State of Iowa, That there be, and there is hereby granted
and released to the City of Dubuque, all the title and interest
vested in the State of Iowa, in and to the lands and islands,
and in the beds of the sloughs and ponds of water, within so
much of sections number nineteen and thirty in township
number eighty-nine, north of range number three, east of the
fifth principal meridian, and also within so much of sections
number twenty-four and twenty-five, in township number
eighty-nine, north of range two, east of the fifth principal
meridian, as lies east of a line commencing a point where the
north line of said section number nineteen intersects with the
west shore of Lake Peosta; thence southerly along the west
shore -of. Lake Peosta, and of the slough to the north-east
LAWS OF IOWA. 361
corner of lot number five hundred and two, at the foot of
twelfth street in the City of Dubuque; thence on the easterly
line of said lot and lots number five hundred and three, five
hundred and seven, five hundred and eight, and five hundred
and ten, to the north-east corner of lot number four hundred
and four; thence on the west line of the levee, as laid out on the
plat of the town of Dubuque, made by survey by the govern-
ment of the United States, to where the same intersects with
the south line of the said town of Dubuque, on section num-
ber twenty-five aforesaid; thence on the west shore of the
slough to the south line of the said section number twenty-
five: Provided, nothing in this act shall. affect the rights of
private individuals holding title either from the general gov-
ernment or school fund.
SEC. 2. This act shall in no wise limit or impair the juris-
diction of the State of Iowa upon the lands and territory
hereby granted and released.
Approved March 3d, 1860.
AN ACT to enable incorporated towns and cities to acquire,
hold, improve and dispose of lands for public squares, parks,
commons and cemeteries.
SECTION 1. Be it enacted by the General Assembly of the
Stale of Iowa: That any incorporated town or city may pur-
chase lands within or without its corporate limits for the pub-
lic use, as squares, parks, commons or cemeteries, and may
enclose, ornament and improve the same.
SEC. 2. Incorporated towns and cities within or without
whose limits lands have been or may be dedicated to the
public for the uses mentioned in the preceding section of this
act, shall have entire control of the same, and shall have
power, in case such lands are deemed unsuitable or insuffi-
cient for the purpose for which they were originally or may
hereafter be granted, to dispose of and convey the same; and
362 LAWS OF IOWA.
conveyances executed in accordance with this act, shall be
held to extinguish all rights and claims of any such town .or
city to such land existing prior to such conveyance.
SEC. 3. In the event of such lands aforementioned being
so disposed of and conveyed, enough of such land shall be re-
served for streets to accommodate adjoining property owners.
Approved April 5th, 1864.
AN ACT to enable municipal and public corporations at their
election to settle, adjust and compound their indebtedness,
and to provide for the issue of new bonds, and for the pay-
ment of such new bonds by the levy of specific taxes, and
for this purpose altering and amending existing charters
and laws.
SECTION I. Be it. enacted by /he General Assembly of the
State of Iowa: That municipal and public corporations, in-
cluding cities, towns and counties, are hereby authorized to
settle, adjust and compound debts owing by or claimed against
them, evidenced by the bonds or other promissory instruments
of such corporations, upon such settlement and composition,
are hereby authorized to issue new bonds, in the place of the
old or former bonds, and such new bonds shall be legal and
valid to all intents and purposes, and no. corporation issuing
such new bonds shall be allowed to plead in defence thereto
any matter which might have been pleaded in defence of the
old or former bonds: Provided, That no compromise shall be
made without first submitting the question whether such
compromise shall be made to the people, and shall be by
there authorized by a majority of the votes.
This act is intended to apply only to cases where cities,
towns and counties have heretofore issued bonds or securities
for money, on account of any subscription to the capital stock
of any railroad company, or on account of or in aid of any
public improvement, and the same remain outstanding, and
any alleged debt arising therefrom remains unpaid. But this
LAWS OF IOWA. 363
act is limited to the settlement of bonds and securities here-
tofore issued and outstanding at the time of the passage and
approval hereof, that is to say, the power herein given to
settle, adjust and compound debts is given with respect to
debts already existing, and to enable the debtor corporations
to settle th .same in accordance with the provisions of this
act. And nothing herein contained shall be construed to
give the holders of existing bonds or securities the right to
compel the debtor corporation to issue such new bonds, or to
settle, in the absence of an agreement on its part to do so.
And nothing herein contained shall be construed to legalize
or render valid or binding, or in any manner to effect (affect)
existing bonds or evidences of indebtedness of any character
contemplated in this act.
This act applies to counties, and to cities and towns; whether
acting under special charters or under the general incorpora-
tion law.
New bonds issued, by virtue hereof, shall in no case be for
a greater sum than the principal and accrued or earned inter-
est unpaid on the bond or debts in place of which they shall
be given, nor bear a greater rate of interest than seven per •
cent. per annum, which interest may be payable at NewYork,
N. Y., or at the treasury of the corporation; and such new
bonds shall show on their face that they are issued under
this act, and if so agreed, inay provide for the annual pay-
ment of five per cent. on the principal. thereof, in addition to
the annual interest, until said new bonds are fully paid. Said
new bonds shall be made payable at the treasury of the cor-
poration; shall be cancelled when paid; and destroyed in the
presence of the Council or Board of Supervisors, who shall
cause to be kept a register of all new bonds issued, and all
coupons or bonds which are cancelled and destroyed. Such
new bonds may be in such form, for such amount, not exceed-
ing principal and interest then due on the old bonds or secur-
ities, and upon such time, not exceeding twenty-five years,
364 LAWS OF IOWA.
as inay be agreed upon with the holder or owner. Such new.
bonds shall only be signed in open session; a register shall be
kept thereof, the bonds at once delivered to the treasury
(treasurer) of the city, town or county, who shall be liable on -
his official bond for the safe keeping thereof, and for the pro-
ceeds thereof; until he parts therewith under the direction of
the Council or Board of Supervisors.
SEc. 2. The council or trustees of incorporated towns or
cities, or the board of supervisors of counties, are hereby in-
vested with full power to bind their respective corporations
by settlements made pursuant to and in virtue of this act.
But they are directed and required, before any such settle-
ment shall be entered upon, to ascertain the whole amount
due by such debtor corporation, and they are invested with
power to ascertain this in such way and manner as they may
deem best. And the holders of .existing bonds, shall, if re-
quired by public proclamation of the board of supervisors, or
proper city or town council, as herein required, present their
bonds to the proper clerk of the county, or city or town, and
allow such clerk to make a register of such bonds, showing
their date, number, amount, maturity, and rate of interest;
and no old bond or evidence of debt shall in any case be al-
lowed, audited, paid, or settled, . until the same shall be act-
ually produced and surrendered, or established by the judg-
ment of a competent court. If it elects to act hereunder, the
city, town, or county, by its proper governing body, shall ap-
point not less than three nor more than five of its citizens, a
board of commissioners to execute the powers and duties re-
quired by this act, of which board of commissioners the may-
or of the city, or town, or the chairman of the board of super-
visors, shall be ex officio a member; but no act of the board of
commissioners in auditing or allowing bonds or debts, or in
settlement thereof, shall bind the corporation until such act
is reported to the proper governing body of the' corporation
and approved by it. And said board of commissioners shall
keep a record of their acts and doings, which shall at all
LAWS OF 10 WA. 365
dines be open to public inspection. And the city, town, or
county incorporation, shall likewise keep a record of all its
acts and doings in the premises, which shall also be open to
public inspection.
Suc. 3. If new bonds or obligations are issued pursuant to
the powers given by this act, the said corporations named in
the first section hereof, are hereby authorized, at the time
they make their annual levy of general taxes for general
revenue, to appropriate and set apart for the ensuing year, or
for a given number of years, a specific portion or percentage
of the general tax so levied, to pay or apply on the new bonds
herein authorized, and on such portion of the principal, if
any, as has been agreed to be paid each year. When thus
appropriated (which inay be by ordinance, contract or resolu-
tion), the amount thus appropriated shall be specifically
applied to the purpose above nainecf, and shall not be diverted
to or used for any other purpose, and shall not be liable to be
attached,garnisheed,seized,or taken on execution,by any cre-
ditor of the corporation; and such appropriation shall be to all
intents and purposes a mortgage or pledge of the portion or
percentage thus appropriated, in favor of the parties holding
such new bonds. The current expenses of the corporation must
be paid out of the yearly or annual general revenue not thus
specifically pledged. If the general revenue thus set apart
and pledged is not sufficient to pay the interest and principal,
if any, of the bonds issued by virtue hereof, the governing
body shall levy a specific tax, as provided herein, sufficient
to supply the deficiency not provided for by the portion of
the general revenue thus set apart and pledged. And it shall
not be in the power of any creditor, by any process, suit,
judgment, or otherwise, to obtain a lien, right or priority
upon or to such general fund, so as to prevent the corpora-
tion from thus appropriating, or setting apart, or pledging
such portion of its general revenue as is not necessary for the
payment of its current expenses. If for any reason the reve-
nue raised in any one year shall not be fully sufficient to pay
366 LAWS OF IOWA.
the interest or any part of the principal of the new bonds
falling due any given year, a specific levy to pay such deficit
shall be included in a levy for the next year. If there is a
surplus of the specific levy for any year, such surplus shall be
exclusively applied on the bonds herein authorized to be is-
sued.
SEC. 4. If new bonds or obligations•are issued pursuant to
the power given by this act, the corporations named in the
first section thereof, are hereby authorized, and it is hereby
made the duty of the governing body of said corporations to
provide annually in the manner herein prescribed for the
payment of the interest of such new bonds, and such portion
of the principal, if any, as has been agreed to be paid each
year. When any portion of the general tax is appropriated
and set apart, as provided for in section three of this act, or
when any specific additional tax' is levied under the provis-
ions of this act, the same shall be from that time forward a
specific tax for the purpose of applying on or paying said new
bonds or the interest thereon, and for no other purpose, .and
neither said taxes nor the money,. raised thereby shall ever be
diverted or used for any other object or purpose, until the
whole of the compromise bonds issued under the provisions
of this act are paid in full, both principal and interest. Nor
shall the money so raised, or the proceeds of new bonds ac-
quired to settle and pay the old bonds or debts, be subject to
attachment, garnishment, levy, or appropriation by the hold-
ers of debts or judgments against the corporation unless such
judgments are obtained on the new bonds issued by virtue of
this act. Money thus raised shall be kept as a distinct fund
to be sacredly and exclusively applied to the sole purpose of
paying the debts of the corporation as provided in this act.
If the corporation agrees to pay, in addition to the annual
interest, some specific portion of the principal. each year,
such new bonds shall be in suth form as to enable this to be
done, and the amount paid from year to year to be detached
LAWS OF IOWA. 367
from the bonds and cancelled. Said specific tax hereby au-
thorized shall be levied at the same time that other taxes are
levied, and shall be collected in the same manner, but noth-
ing but money shall be receivable in payment of such tax.
And this act shall be construed as an amendment to the char-
ter of cities, and to the general incorporation act, being chap-
ter fifty-one of the revision, and also as enlarging the powers
now given by law to the counties of the State. But no cred-
itor of any public or municipal corporation who refuses to
settle or compound his debt, and refuses to receive and does
not receive new bonds or obligations, shall be entitled to the
benefit of this act, or to the specific tax levy herein author-
ized.
And if the court is satisfied that there is any evasion or de-
lay in the performance of this duty on the part of the corpo-
ration, it is hereby invested with the power, and it is hereby
made the duty of the court itself, to enter and order levying
such tax, and to charge its own officers with the duty of col-
lecting it, and for this purpose they shall have all the pow-
ers, and be substituted in the place of the corporate officers.
And if judgments are obtained upon such new bonds, or for
the interest thereon, and are not paid, the corporate property
of all kinds, without any exemption, shall be subject to seiz-
ure and sale on execution, issued upon such judgment; the
general revenue of the corporation shall be liable to pay such
judgments, and officers subject to garnishment. But it shall
not be held to authorize the levy of any specific or other tax
than such as may be levied by virtue hereof and for the pur-
poses of paying the new bonds herein authorized. And this
act shall not be construed to enlarge the taxing power of
cities, towns, or counties, as respects old bonds or debts, nor
to validate such bonds or debts in case they are not adjusted
under the provisions of this act. Its benefits are designed for
and limited to these (those) who voluntarily make an adjust-
ment under its provisions.
368 • LAWS OF IOWA.
SEc. 5. This act shall be deemed to be a contract in favor
of any creditor who accepts of its provisions, and as to such
creditor or holder of the new bonds herein authorized shall be
irrepealable.
SEc. 6. The benefits and provisions of this act only apply
to creditors who shall receive new bonds in settlement of
prior debts or bonds, nor does this act apply to corporations
not indebted, or which do not issue new bonds in settlement
of former ones.
SEc. 7. The provisions of this act shall be deemed incor-
porated in the new bonds issued by virtue hereof. Any of
the bonds hereby authorized may at the pleasure of the cor-
poration be paid prior to the time therein fixed for payment,
in which case the holder can only demand the principal and
interest up to the time of payment.
SEc. 8. Power is hereby given to the Board of Commis-
sioners, provided for in this act, to advertise from time to
time in such papers as they may think best, and invite the
existing bond holders of the corporation to state to the com-
missioners: 1st. The terms on which they will exchange
the old bonds or debts for new bonds to be issued under this
act. 2d. The terms on which they will surrender to the
city, town, or county (as the case may be), old bonds or debts
for new bonds to be issued under this act. 3d. The terms
on which they will surrender to the city, town, or county (as.
the case may be), old bonds for cash. The result shall be re-
ported from time to time to the proper governing body of the
corporation, for such action as it may see proper to take in
the premises under the provisions of this act. If it is ascer-
tained that the offers to surrender for ready money are the
most advantageous, the new bonds herein authorized may be
sold for cash, but in no case less than par, and to no greater
extent than is necessary to accept offers from time to time
actually received. Money thus obtained shall be paid to and
kept by the proper city, town or county treasurer, and paid
LAWS OF IOWA. 369
out only upon the direction of the Council or Board of Super-
visors, for the safe keeping of which the said treasurers shall
be liable on their official bonds, the air -Yount of which may be
increased from time to time if necessary, to secure the corpo-
ration from loss. Money thus obtained shall be exempt from
attachment, garnishment, or levy; and if garnished, she cor-
poration, its officers and commissioners, shall not be held li-
able thereon.
SEc. 9. City and town corporations are invested with pow-
er to pass resolutions and ordinances, and counties to pass
resolutions and orders, necessary to carry into execution the
powers herein given.
SEc. ro. No compromise shall be made under the provi-
sions of this act until the proper Council or Board of Super-
visors shall submit the question whether the powers given by
this act shall be exercised by such town, city, or county, and
it shall be the duty of the town (city), or county authorities
to submit the question to the voters of said sown, city or
county (as the case. may be), at some general or special elec-
tion. The form of the question submitted may be substan-
tially as follows: "Shall the city of (or county of ,
or town of , as.the case may be), settle its debts under
and by virtue of the provisions of this act (giving its title and
date of passage)?" The answer on the ballot containing the
•question shall be "yes" or "no." If the majority of the
votes cast are "yes," then the proper city or town council
or board of supervisors may exercise the powers given by this
act in the manner herein prescribed; but no creditor can in
any event compel them to exercise the powers. It the major-
ity of the votes cast are "no," then the powers given py this
act shall not be exercised by such town, city, or .county.
The question may be re -submitted to the voters after being
voted "no," but such re -submission must not be within
twelve months of first submission. If adopted on such re-sti`b
mission by a majority of the votes cast, then it shall be `laud=
370 LAWS OF IOWA.
ful for such town, city or county, to exercise the powers giv-
en by this act. The notice of the submission, in this sectior '
provided for, shall be such as the board of supervisors, or prq-
per city or town council, may prescribe. The result, after
being canvassed, shall be entered of record on the proper
books of the county, town, or city.
SEc. II. The provisions of this act shall not apply to
counties having a population of less than five thousand in-
habitants; nor to cities having a population of less than three -
thousand five hundred inhabitants, as shown by the census of
1867: Provided, That any action or proceeding under the pro-
visions of this act shall be commenced within two years from
the taking effect of this act, and not after.
SEC. 12. Nothing herein contained shall be construed to
prevent the corporations herein named from settling their
debts without a resort to the powers contained in this act;
and no bond shall be regarded as having been issued under
this act, unless it is so stated on the face thereof; and none
of the powers herein given shall apply to bonds which are not
issued, or which on the face thereof do not profess •to have
been issued under the provisions hereof.
SEC. 13. A debtor corporation, instead of pursuing the
course above authorized, may, if it resolves to do so, adopt'
the following course: It may issue the new bonds herein au-
thorized and take up therewith old bonds (on 'such terms as
may be agreed upon), and then deposit the old bonds with
the treasurer of the State of Iowa, in his official capacity, as
security for the payment of said new bonds and coupons. If
the new bonds and coupons are paid, then the old bonds and
coupons are to be surrendered to the proper debtor corporation
upon such payment. If said new bonds or coupons are not
paid, then the holder thereof may elect to surrender the new
bonds and take back the old bonds; but the old bonds cannot
be sold to pay the new bonds or coupons. The deposit of old
LAWS OF IOWA. 371
bonds above authorized may be with or without the benefit of
the specific levy herein authorized, as may be agreed upon by
the parties.
Approved April 2, 1868.
CHAPTER X, TITLE IV, CODE OF 1873,
SO FAR AS APPLICABLE TO CITIES ACTING UNDER SPECIAL
CHARTERS.
SPECIAL CHARTERS.
SECTION 434 Any city or town incorporated by mappaobandoi
special charter, or in any other manner than that achaaerptthis
provided by this chapter, may abandon its charter g. $ A c 6i
and organize itself under the provisions of this" 3. A.
chapter, with the same territorial limits, by pursu-
ing the course hereinafter prescribed.
SEc. 435 Upon the petition of fifty legal voters Petition to Ue
presented;
in any such city or town to the Council or trustees erered. c tl on or- .
thereof, praying that the . question of abandoning %c s: ,
its charter be submitted to the legal voters, the
Council or trustees shall immediately direct a spe-
cial election to be held, at which such question
shall be decided, specifying at the same time the
time and place of holding the same, and appointing
the judges and clerks of the election.
SEc. 436. The Mayor, or in case there is nogi•oclamation;
Mayor, the president of the Council or Board of ten
sec.
Trustees, shall at oncetissue a proclamation giving ,
notice of such election, of the question submitted
to the electors, and of the time and place of hold-
ing the election; which proclamation shall be pub-
lished for four consecutive weeks in some newspa-
per published in such city or town; and if there is
none published therein, then such proclamation
shall be published by posting a copy thereof in five
public places within the corporate limits of such
372 LAWS OF IOWA.
city or town, one of which shall be on the door of
the Mayor's office.
Manner of SEC. 437. At such election, those who desire to
voting; result
declared. vote in favor of the abandonment of the charter
Same, sec. 5.
shall deposit a ballot with the words "In favor of
abandonment" ; those desiring to vote against the
abandonment shall deposit a ballot with the words
"Against abandonment." The election shall be
conducted in other respects as elections for city
officers are conducted under the charter. The ab-
stract of votes shall be returned to the City Coun-
cil or Board of Trustees, who shall canvass the same
and declare the result, which shall be entered on
the journal.
Special cbar-
terabandon'd; SEc.1438. If a majority of the votes cast at such
elected;tore selection be in favor of the abandonment of the
submission.
Same,sec. a. charter, the Council or 'Trustees shall immediately
call a special election for the election of officers for
such corporation, according to its class as defined
by this chapter; and from and after the election and
qualification of such officers, the former charter of
such city or town shall be considered as abandoned,
and such city or town shall be considered as organ-
ized, and shall have all the rights and be subject to
all the liabilities of the class to which it belongs;
but the officers so elected shall hold their offices
only until the next annual municipal election in
such city or town. If a majority of the votes be
against abandonment, that question cannot be again
submitted until after the expiration of one year
from the time of such election.
of 91 rights Szc. 439 All rights and property of every de -
Same, sec. 7. scription, which were vested in any municipal cor-
poration under its former organization, shall be
deemed and held to be vested in the same munici-
pal corporation under the organization herein con-
templated; and no right o'r liability, either in favor
LAWS OF IO,WA.
373
of or against such corporation existing at the time,
and no suit or prosecution of any kind, shall be af-
fected by such charge: Provided, That when a dif-
ferent remedy is given by this chapter which can
properly be made applicable to any right existing
at the time such change is made, the same shall be
deemed cumulative to the remedies before provided,
and may be used accordingly.
POW RS.
SEC. 454 Cities and towns organized as provi- Enumerate
ded in this chapter, shall be bodies politic and cor- R. Bee' 1047.
porate, under such naive and style as they may se-
lect at the time of their organization; and may sue
or be sued; contract or be'contracted with; acquire
and hold property, real and personal; have a coin-
mon seal,which they may change and alter at plea-
sure; and have such other privileges as are incident
to municipal corporations of Iike character or de-
gree not inconsistent with the laws of the State.
SEC. 455. All municipal corporations organized so�ae, R. sec.
under this chapter shall have the general powers ima.
and privileges and be subject to the rules and re-
strictions granted and prescribed in the succeeding
section.
d.
S>ac. 456. They shall have power to prevent in- Prevent nni-
jury or annoyance from anything dangerous, offen- gaming riots,
es; es
sive or unhealthy, and to cause any nuisance to be tablish
markets.
abated; to regulate the transportation and keeping R. Bee. itK,.
of gunpowder or other combustibles, and to provide
or license magazines for the same; to prevent and
punish fast or immoderate riding or driving of
horses through the streets; to regulate the speed of
trains and locomotives on railways running over
the streets or through the limits of the city or in-
corporated town by ordinance,and enforce the same
by a fine not exceeding one hundred dollars; to es-
tablish and regulate markets; to provide for the
374 LAWS OF IOWA.
measuring or weighing of hay, coal, or any other
article.of sale; to prevent any riots, noise, disturb-
ance, or disorderly assemblages; to suppress or re-
strain disorderly houses, houses of ill -fame, billiard
tables, nine or ten -pin alleys or tables, and ball al-
leys; and to authorize the destruction of all instru-
ments or devices used for purposes of gaming; and
to protect the property of the corporation and its
inhabitants, and to preserve peace and order there -
ill.
sean $1 eg SEc. 457. They shall have power to make reg-
R. see. 1058. ulations against danger from accidents by fire, to
establish fire districts„ and, on petition of the own-
ers of two-thirds of the grounds included in any
square or block, to prohibit the erection thereon of
any building or any addition to any building, under
the outer walls thereof be made of brick and mor-
tar or of iron and stone and mortar, and to provide
for the removal of any building or additions erec-
ted contrary to such prohibition.
a> a.1 of the SEc. 458. They shall have power to regulate
R. see. 1060. the burial of the dead, to provide without the lim-
its of the corporation places for the interment of
the dead, to prevent any sub -interments within
such limits and to cause anybody interred contrar y
to such prohibition to be taken up and buried with-
out the limits of the corporation.
Animals run-
ning at large. Sic. 459 They shall have the power to restrain
R. see. 1061.
and regulate the running at large of cattle, horses,
swine, sheep, and other animals, within the limits
of the corporation; and to authorize the distraining,
impounding and sale of the same for the penalty
incurred and costs of the proceeding; to prevent
the running at large of dogs and injuries therefrom,
arid to authorize the destruction of the same when
at large contrary to any prohibition to that effect.
LAWS OF IOWA. 375
SEc. 460. They shall have power to regulate or Texheahibtricitionsa1•
prohibit all theatrical exhibitions, of whatever R' Bee' 1°62..
name or nature, for which money or any other re-
ward is in any manner demanded or received; but
lectures on scientific, historical or literary sub-
jects shall not come within the provisions of this
section.
49
SEc. 461. The establishment and maintelianceesl&icb hea
of a free public library is hereby declared to he aapP opt• at a
proper and legitimate object of municipal expendi-ot Tepotp.mvote
ture; and the Council or Trustees of any city or c. ' 14G.A.
in-
corporated town may appropriate money for the for-
mation and maintenance of such a library, open to
the free use of all its inhabitants under proper reg-
ulations, and for the purchase of land and erection
of buildings, or for the hiring of buildings or rooms
° suitable for that purpose, and for the compensation
of the necessary employes: Provided, That the
amount appropriated in any one year for the main-
tenance of such a library shall not exceed one mill
upon the dollar upon the assessed valuation of such
city or town. Any such city or incorporated town
may receive, hold, or dispose of any and all gifts,
donations, devises and bequests that may be made
to such city or incorporated town for the purpose of
establishing, increasing or• improving any such
public library; and the city or town council there-
of may apply the use, profits, proceeds, interests
and rents accruing therefrom, in such manner as
will best promote the prosperity and utility of such
library. Every city or incorporated town in which
such a public library shall be maintained, shall be
entitled to receive a copy of the laws, journals, and
all other works published by authority of the state
after the establishment of such library, for the use
of such library,and the Secretary of State is hereby
authorized and required to furnish the same from
year to year to such city or _ incorporated town.
376
LAWS OF IOWA.
But no appropriation of money can be made under
this section unless the proposition is submitted to a
vote of the people; and at the municipal election o
such city or town, the question, "shall the city
(or town council, as the case may be,) accept the
benefit of the provisions of this section ?"
SEC. 462. Theyshall havepower to regulate and
and trtmsient g
merchants.
C. 97, a G. A. license sales by auctioneers and transient mer-
chants within their corporate limits: Provided,
That the exercise of the power shall not interfere
with sales made by sheriffs,constables, coroners,
marshals, executors, guardians, assignees of insolv-
ent debtors or bankrupts, or any other person re-
quired by law to sell real or personal property.
esis uti suet- SEC. 463. They shall have power to regulate or
tion; license
or tax carts, prohibit the sale of horses or other domestic am -
taverns, &c.;
intoxicating• mals at public auction in the streets, alleys, or
liquors.
It. sec. 1083- highways; to regulate, license and tax all carts,
wagons, drays, coaches, omnibuses, and every de-
scription of carriage which may be kept for hire;
to regulate and tax taverns and houses for the pub-
lic entertainment, and to regulate or prohibit the
sale of intoxicating liquors not prohibited by the
laws of the state.
Streets, ub- SEC. 464. They shall have power to lay off,
lie grounds, widen straighten, narrow, ate extend, estab-
and railways. I g > vacate, exeni
1t. see. 1094. lish and light streets, alleys, public grounds,
wharves, landings and market places; and to pro-
vide for the -condemnation of such real estate as
may be necessary for such purposes. They shall
also have the power to authorize or forbid the loca-
tion and laying down of tracks for railways and
street railways on all streets, alleys and public.
places; but no railway track can thus be located
LAWS OF IOWA.
377
and laid down until after the injury to property
abutting upon the street, alley or public places up-
on which such railway track is proposed to be loca-
ted and laid down has been ascertained and com-
pensated in the manner provided for taking private
property for works of internal improvement ill chap-
ter 4 of title io of Code of 1873.
SEc. 465. They shall have power to provide for streetsy
tructi
the grading and repairs of any street, avenue or ss
ewers. 0. of
C 45, sec 14'_
alley, and the construction of sewers, but no street G. A•
shall be graded except the same be ordered to be
done by the affirmative vote of two-thirds of the
city council or trustees.
[In addition to this see chapter5l, acts of Fifteenth General Assembly
as found herein.]
SEC. 466. They shall have power to construct
sidewalks, to curb, pave, gravel, macadamize, and
gutter any highway or alley therein, and to levy a
special tax on the lots and parcels of land fronting
on such highway or alley to pay the expense of
such improvement. But unless a majority of the
resident owners of the property subject to assess-
ment for such improvement petition the council or
trustees to make the same, such improvement shall
not be made until three -fourths of all the members
of such council or trustees shall, by vote, assent to
the making of the same.
SEc. 467. They shall have power to repair per-
manent sidewalks, and to assess the expense there-
of on the property in front of which such repairs
are made.
SEC. 468. They shall have power to provide for Tsidewemperaalk`s'
s;
exp
the laying of temporary plank sidewalks upon the tea.ense limi-
Same, sec. 5.
natural surface of the ground, without regard to
Sidewalks;
h
special tax;
assent prop-
s
Sae,ty sec. 2
m.
Expense as-
sessed on
property.
Same, sec. 3.
378
LAWS OF IOWA.
grade, on streets not permanently improved, .at a
cost not exceeding forty cents per lineal foot, and
to provide for the assessment of the cost thereof on
the property in front of which the same shall be
laid.
o $tree saes SEC. 469. When any city or town shall have
changed af-
ter buildings established the grade of any street or alley, and
are erected;
ba assesses any person shall have built or made any improve-
s ments on such street or alley according to the es-
tablished grade thereof, and such city or town shall
alter said established grade in such a manner as to
injure or diminish the value of said property, said
city or town shall pay to the owner or owners of
said property so injured, the amount of such dam-
age or injury, which shall be assessed by three per-
sons, one of whom shall be appointed by the Mayor
of such city or town, one by the owner of the prop-
erty, and one by the two so appointed, or in case
of their disagreement, by Mayor and owner, or in
case of their disagreement, by the City Council or
Town Trustees. If the owner of such property
shall fail to appoint one such appraiser in ten days
from the time of receiving notice so to do, then the
City Council or Town Trustees shall appoint all
such appraisers, and no such alteration of grade
shall be made until said damages so assessed shall
have been paid or tendered to the owner of the
property so injured or damaged. The appraisers
shall be sworn to faithfully execute their duties ac-
cording to the best of their ability. Before enter-
ing upon their duties, they shall give notice by
publication for three weeks in one or more news-
papers printed in such city, of the time and place
of their meeting for the purpose of viewing the
premises and making their assessment. They shall
LAWS OF IOWA.
view the premises, and, in their discretion, receive
any legal evidence, and may adjourn from day to
day. When the appraisement shall be completed,
the appraisers shall sign and return the same to
the City Council or Town Trustees within thirty
days of their appointment. The City Council or
Town Trustees shall have power,in their discretion,
to confirm or annul the appraisement, and if an-
nuled, all the proceedings shall be void, but if con-
firmed, an order of the confirmation shall be entered.
Any person interested may appeal from the order of
confirmation to the Circuit Court of the county in
which such city or town is situated, by notice in
writing to the Mayor, at any time before the expir-
ation of twenty days after the entering of the order
of confirmation. Upon the trial of the appeal, all
questions involved in the proceedings, including
the amount of damages, shall be open to investiga-
tion, and the burden of the proof shall, in all cases,
be upon the city or town to show that the proceed-
ings are in conformity with this section. The cost
of any proceedings incurred prior to the order of
such City Council or Trustees confirming or annul-
ling the appraisement, 'shall in all cases be paid by
such city or town.
SEC. 470. They shall have power to purchase or
condemn, and pay for out of the general fund, and
enter upon and take any lands within or without
the territorial limits of such city or town for the use
of public squares, streets, parks, commons, ceme-
teries, hospital grounds, or any other proper or le-
gitimate municipal use, and to inclose, ornament and
improve the same. They shall have entire control
of the same, and shall have power, in case such
lands are deemed unsuitable or insufficient for the
379
Appeal.
Laud pur-
chased or
condemned
for public
purposes.
C.127, 1OG.A.
C. 80, 13 G.A.
380
LAWS OF IOWA.
purpose for which they were originally granted, to
dispose of and convey the same; and conveyances
executed in accordance with this chapter shall be
held- to extinguish all rights and claims of any
such town or city to such lands existing prior
to such conveyance. But when such lands are so
disposed of and conveyed, enough thereof shall be
reserved for streets to accommodate adjoining prop-
erty owners.
W ater works. SEc I They shall have power to erect water
• ,s, see. t, 47 5'
ii G. A.works, or to authorize the erection of the same; but
no such works shall be erected or authorized until
a majority of the voters of the city or town: at a gen-
eral or special election, or four -fifths of the mem-
bers of the Council or Board of Trustees thereof by
vote approve the same.
SamCa Be secs.w.s, SEc. 472. They shall have power to construct
4,14G.
'too' A. or authorize the construction of such work without
their limits,and for the purpose of maintaining and
protecting the same from injury, and the water
from pollution, their jurisdiction shall extend over
the territory occupied by such works and all re-
servoirs, streams, trenches, pipes and drains used
in and necessary for the construction, maintenance
and operation of the same, and over the stream or
source from which the water is taken for five miles
above the point from which it is taken; and to en-
act all ordinances and regulations necessary to carry
the power herein conferred into effect.
When privi-
lege granted
tls.individu such works is granted to private individuals or in -
Same, see. 5.
corporated companies by said cities and towns,they
may make such grant to insure for a term of not
more than twenty-five years, and authorize such in-
SEc. 473. When the right to build and operate
LAWS OF IOWA.
381
dividual or company to charge and collect from
each person supplied by them with water, such wa-
ter rent as may be agreed upon between said per -
soli or corporation so building said works and said
city or town; and such cities and towns are author-
ized and empowered to enter into a contract with
the individual or company constructing said works,
to supply said city or town with water for fire pur-
poses, and for such other purposes as may be neces-
sary for the health and safety thereof, and to pay
therefor such sum or sums as may be agreed upon
between said contracting parties.
SEc. 474. Said cities or towns are hereby au - Mar e e -
demn private
thorized to condemn and appropriate so much pri- s°,a° e A. ii.
vate property as shall be necessary for the construc-
tion and operation of said water works; and when
they shall authorize the construction and operation
thereof by individuals or corporations, they may
confer, by ordinance, upon such person or corpora-
tion the said power to take and appropriate private
property for said purpose.
SEc, 475. All cities or incorporated towns con- rAsseants as a sewatear
structing such works are authorized to assess from special tas,
collection of,
time to time, in such manner as they shall deem smnme. 8.
equitable, upon each tenement or other place sup-
plied with water, such water rents as may be agreed
upon; and at the regular time of levying taxes in
each year, said city or town is hereby empowered
to levy and cause to be collected, in addition to the
taxes now authorized to be levied, a special tax on
taxable property in said city or town, which tax,
with the water rents hereby authorized, shall be
sufficient to pay the expenses of running and opera-
ting such works, and if the right to build, main-
tain, and operate such works is granted to private
382 LAWS OF IOWA.
individuals or incorporated companies by such
cities or towns, and said cities or towns shall con-
tract with said individuals or companies for a sup-
ply of water for any purpose, such city or town
shall levy each year, and cause to be collected, a
special tax as provided for above, sufficient to pay
off such water rents so agreed to be paid to said in-
dividual or company constructing said works: Pro-
vided, however, That said tax shall riot exceed
the sum of five mills on the dollar for any one year,
nor shall the salve be levied upon the taxable prop-
erty of said city or town which lies wholly without
the limits of the benefit or protection of such works,
which limit shall be fixed by the City Council or
Board of Trustees each year before making said
levy. .
Proceediwhenprivate ngs Sic. 476. When it shall be deemed necessary
property i
condemned. by any such corperation to enter upon or take pri-
1t. sec. 10�i.
C. 80,13 G. A. vate property for any of the above uses, an appli-
cation in writing shall be made to the circuit court,
which application shall describe as correctly as
may be, the property to be taken, the object pro-
posed, and the owners of the property, and of each
lot or parcel thereof known, and notice of the fil-
ing thereof shall be given as is required to com-
mence a civil action in said, court. After such no-
tice shall have been given, the court shall proceed
to determine the compensation to be paid for the
taking of the property, and for that purpose shall
empanel a jury, and the mode of proceedure there-
in shall be the same, so far as applicable, as in an
action by 'ordinary proceedings. The assessment
shall be made so that the amount payable to each
owner may be ascertained either by allotting it to
each owner by name or on each lot or parcel of
LAWS OF IOWA. 383
land, and the inquiry and assessment shall in other
respects be spade by the jurors under such instruc-
tions as shall be;given by the court. The jurors
shall be sworn to make the whole inquiry and as-
sessment, but may be allowed to return a verdict as
to part and be discharged as to the rest, in the dis-
cretion of 'the court, and in case they shall be dis-
charged froin rendering a verdict in whole or in
part, another jury may be empaneled at the earliest
convenient time, which shall make the whole in-
quiry and assessment, or the part not made, as the
case may be. IL
SEc. 477. When the amount of compensation aeosii of
due to any of the owners of the property to be tak- takg i wen
ts
en shall be ascertained, the court shall snake such R• en, gee.cos6t6s.
order as to its payment or deposit as may be deemed
just and proper, and may require adverse claimants
to any part of the money or property to interplead,
so as to fully settle their rights and interests, and
may direct the time and manner in which possession
of the property shall be taken or delivered, and may,
if necessary, enforce an order giving possession.
But none of the property shall be actually taken or
occupied until the compensation thus ascertained
shall have been paid, or secured to be paid. The
costs ocasioned by the inquiry and assessment shall
be paid by the corporation, and as to the other costs
which may arise, they shall be charged or taxed as
the court, in its discretion, may direct; no delay in
snaking an assessment of compensation, or in tak-
ing possession, shall be occasioned by any doubt
which may arise as to the ownership of the proper-
ty, or any part thereof, or as to the interest of the
respective owners; but in such cases the court shall
require the deposit of the money allowed as coin-
384
Assess 111 e 11t
on lots, how
enforced.
R. sec. 1068.
LAWS OF IOWA,
pensation for the whole of the property, or the part
in dispute; and in all cases as soon as the corpora-
tion shall have paid the compensation assessed; or
secured its payment by a deposit of money under
the order of the court, possession of the property
inay be taken and the public work or improvement
progress.
SEC. 478. Each municipal corporation may, by
a general ordinance, prescribe the mode in which
the charge on the respective owners of lots or lands,
and on the lots or lands, shall be assessed and de-
termined for the purposes authorized by this chap-
ter; such charge, when assessed, shall be payable
by the owner or owners at the time of the assess-
ment personally, and shall also be a lien upon the
respective lots or parcels of land from the time of
the assessment. Such charge may be collected and
such lien enforced by a proceeding in law or in
equity, either in the name of such corporation, or
of any person to whom it shall have directed pay-
ment to be made. In any such proceedings, where
pleadings are required, it shall be sufficient to de-
clare generally for work and labor done, and ma-
terials furnished on the particular street, alley or
highway. Proceedings may be instituted against
all the owners or any of them, to enforce the lien
against all the lots or land, or each lot or parcel, or
any number of them embraced in any one assess-
ment, but the judgment or decree shall be rendered
separately for the amount properly chargeable to
each. Any proceedings may be severed, in the
discretion of the court, for the purpose of trial, re-
view, or appeal.
Recovery had SEC. 479. In any such proceeding, where the
or charge en-
forced w ith court trying the same shall be satisfied that the
ttlenalty. y a
}t. seo.l0G'.l.
work has been done, or materials furnished,which,
s
LAWS OF IOWA. . 385
according- to the true intent of this act, would be
properly chargeable upon the lot or land through
or by which the street, alley or highway improved,
repaired, or lighted, may pass, a recovery shall be
permitted, or a charge enforced, to the extent of
the proper proportion of the value of the work or
materials which would he chargeable on such lot or
land, notwithstanding any informality, irregularity
or defect in any such municipal corporation or any
of its officers. But in such case the court may ad-
judge as to costs as may be deemed proper, and in
cases where an assessment shall have been regular-
ly made, and payment shall have been neglected or
refused at the time when the same was required,
any municipal corporation may be entitled to de-
mand and recover, in addition to the amount as-
sessed and interest thereon at ten per cent. from
the time of the assessment, five per cent. to defray
the expenses of collection, which shall be included
in any judgment or decree which inay be rendered.
The provisions and power conferred in this chapter Pteeuedencg -
tinstu apply
from section four hundred and sixty-five to section to cities act-
ing under
four hundred and seventy-nine, inclusive, shall ap- speciai cina'te,•s.
ply to cities acting under special charters.
386 LAWS OF IOWA.
ACTS O1�
SIXTEENTH GENERAL ASSEMBLY.
CHAPTER LIV.
RELATING TO THE CONSTRUCTION OF SEWERS.
S. F. 30. AN ACT to authorize cities organized under spec-
ial charters to provide for the construction of sew-
ers. [Additional to Code, Chapter ro, Title IV:
"Of Cities and Incorporated Towns."]
Be it enacted by the General Assembly of the State of Iowa:
What cities SECTION i. That all cities in this state organ-
ized and existing under special charters, having a
population of not less than ten thousand as shown
by the last preceding state census, may provide by
ordinance for the construction of sewers, or may di-
vide the city into sewerage districts in such man-
ner as the council may determine, and pay the cost
of constructing same out of the general revenue of
the city; or assess the cost upon the adjacent prop-
erty, or may levy a certain sewerage tax within the
sewerage district, out of which to pay for the con-
struction of the same, which sewerage tax shall not
exceed in any one year, two mills on the dollar of
the assessed value of the property within such dis-
gnetreu cn trict. Or may pay a part of the cost of such con -
shall be paid. struction out of the general revenue, a part by the
assessment:of adjacent property, and a part by levy-
ing a tax upon all the property within the sewerage
district, or may pay for the same by pursuing any
two of the methods herein named.
To be done SEe. 2. It shall be the duty of such City Conn -
under con-
tract. cil to require the work of constructing such sewers
LAWS OF IOWA. 387
•
to be done under contract therefor to be entered in-
to with the lowest responsible bidder, and bonds
with surety for the faithful performance of such
work shall be required to be given by the contract-
ors.
Provided, That all bids for such work may be re-
jected by such Council, if by them thought to be
exorbitant, and new bids ordered. •
SEc. 3. All special tax levied for the constrnc- Provisions
respecting
tion of sewers under this act shall he payable by i i ecnnalu p on
property
the owners personally at the time of such assess- which may
be sold as for
ment, and shall also be a lien upon the lots and rinary tax -
lands so assessed and shall bear such rate of inter-
est, and the said property assessed may be sold for
the payment thereof in the same manner at any re-
gular or adjourned sale or special sale called there-
for, with the same forfeitures, penalties and right
of redemption and certificates, and deeds on such
sales shall be made in the same manner and with
like effect as in case of sales for non-payment of
the ordinary annual taxes of such cities respectively
as now or hereafter provided by law in respect
thereto, or the City Council may provide by ordi-
nance for the sale of such assessed property at a spe-
cial tax sale to be called therefor, after giving no-
tice therefor three consecutive weeks in one of the
newspapers published in said city, the last of which 134 p"bi'aL-
ing notice.
publications shall be at least ten days before the
day of sale.
SEC. 4. Such City Council may provide by or-
dinance for the particular mode of making and re-
turning the assessments hereinbefore authorized,
and payment of such assessments may, if so direct-
ed by said Council, be enforced by suit in court, in
City Connell
to provide
mode of as -
sessment.
4
388 LAWS OF IOWA,
the manner and by the proceedings provided for by
sections 478, 479 and 481 of the Code. •
465,1 not tube SAC 5• Nothing in this act contained shall take
impoirecl.
away, impair or interfere with the powers con-
ferred by section 465 of the code for the construc-
tion of sewers, and payment therefor in whole as
therein provided.
Cross sewers. SEC. 6. The City Council shall have power to
provide, by ordinance, terms and conditions on
which cross sewers may be attached to or connected
with main sewers; and in cases where sewers have
been constructed in whole or in part by special as-
sessment, may pay unto the parties who have been
so assessed, the money, or a part thereof, charged
and collected for the privilege of attaching such
cross sewers.
Proviso. SEC. 7. Provided, That any such city which has
heretofore adopted a system of sewerage by which
the cost of construction has been paid out of the
general revenue, shall not be permitted to abandon
such system, anything in this law to the contrary
notwithstanding.
Approved March S, 1876.
Section 7 of above act was repealed by chapter 154,:10th General As-
sembly.
LAWS OF IOWA. 389
CHAPTER XC.
CITY ASSESSORS.
AN ACT providing for the election of City Assess-H. F. 488'
ors in cities organized and existing under Special
Charters. [Additional Chapter io, Title IV:
"Of Cities and Incorporated Towns. "]
Be it enacted by the General Assembly of the State of Iowa:
SECTION 1. That the qualified electors of allcitispecesial u,chtu•-
tder
cities organized and existing under special char -ter•
ters, shall, at ther regular annual election, elect One Assessor
one City Assessor, who shall hold his office for the
term of one year and until his successor is elected
and qualified.
Approved March 14, 1876.
See Chapter x1V. of Ordinances.
CHAPTER CXVI.
RELATING TO CITIES ORGANIZED UNDER SPECIAL, CHARTERS.
AN ACT relating to cities organized and existing FL F. 213.
under special charters conferring additional pow-
ers, and amending the charters of such cities.
[Additional to Code, Chapter To, Title IV: "Of
Cities and Incorporated Towns,"]
Be it enacted by the Gene'•al Assembly of the State of Iowa :
SECTION I. All cities in this State organized To provide
a by ordinance
when taxes
and existing under special charters, may provide shall becomo
delinquent.
by ordinance when taxes, both general and special,
shall become delinquent, and the rate of interest
which they shall thereafter bear,, which rate shall
not exceed twenty-five per cent. per annutn; and
for the sale of delinquent; spacial and .general tax-
es, on such terms and at such a'rebate of the prin-
cipal or interest, or both, as the ' City Council may
390 LAWS OF IOWA.
determine; and in the notice. required by law to be
tisnceflioi
ofentsaleno-.
given it will be sufficient to state the description of
the lot or parcel of real estate to be sold for delin-
quent taxes of the current year, and also the lot or
parcel of real estate on which the delinquent taxes
for previous years remain due and unpaid, and the
amount of taxes delinquent for previous years with-
out naming such previous years, and the amount of
interest and costs, if any, against each lot or parcel
of real estate, in which may be included special
taxes delinquent, at such rate of interest as the
City Council may determine, not to exceed the rate
allowed by law at the time the taxes were assessed,
and the total amount of taxes, interest and cost
against such lot ar parcel of real estate.
Letters and Sic. 2. In all advertisements for the sale of real
figures may
be used. property for taxes, and in entries required to be
made in any manner connected with the assess-
ment or collection of taxes, letters acid figures may
be used to denote numbers, tractions of numbers,
and amounts, as are commonly used in other busi-
1rIegularitiesness transactions, and no irregularity or informality
in the advertisement shall affect the legality of any
sale, or the title of any property conveyed if it
shall appear that said property was subject to taxa-
tion for the year or years for which the same was
sold, and that the tax was due and unpaid at the
time of sale; and in all cases the advertisement
shall be sufficient notice to the owners and persons
having an interest in or claiming title to any lot or
parcel of real estate of the sale of their property for
delinquent taxes, and a failure of the collector to
snake a personal demand of taxes- shall not affect
the validity of any sale or the title to property ac-
quired under such sale. .
LAWS OF IOWA. 391
SEc. 3. The City Council may provide by ordi- S ecial t t
nance that all special taxes hereafter assessed and
levied shall bear the same rate of interest as the an-
nual taxes from and after the same. becomes due
and delinquent,which rate shall not exceed twenty-
five per cent. per annum; and all special taxes re-
maining due and delinquent at the date when the
annual taxes become delinquent, shall be collected
at the time and in the manner the annual delin-
quent taxes are collected, and the salve shall be in-
cluded with the annual delinquent taxes, if any re-
main delinquent, and the City Council may provide
by ordinance that all special taxes or assessments
which shall become due and delinquent.prior to the
delinquency of the annual taxes, shall be collected
by a sale of the real estate so taxed or assessed spe-
cially called therefor, and the kind of notice to be
given; and may also provide for the collection of calla ae. es.47s
such tax by suit, such as is authorized by sections
478 and 479, of chapter ro, title 4, of the Code.
S>~c. 4. The collector shall in all cases, make c ue oby
out and deliver to the tax -payer a receipt, which re-
ceipt shall contain the description and assessed val-
ue of each lot or parcel of real estate, and the as-
sessed value of personal property ; and in case the
property has been sold for taxes and not redeemed,
the date of such sale and to whom sold, also the
amount of tax, interest and costs, if any, .giving a
separate receipt for each year, whereupon he . shall
make the proper entries of such payments on the
books of his office. And the council may providePr aide. m a Y
by ordinance, that no person shall be permitted to
pay the taxes of any one year until the taxes for
the previous years shall be first paid; and provide
that the receipt here in contemplated shall be con-
. 9
Collection.
392
LAWS OF IOWA.
elusive evidence that all taxes, and the costs of
every kind against the property described in such
receipt,are paid to the date of such receipt; and pro-
vide that for any failure or neglect on the part of
the collector, or on the part of anyone acting as a
collector, he and his bondsmen shall be liable to
an action on his official bond for the damages sus-
tained by any person or the city through such
neglect.
eoileetm•shali SEc.The collector of taxes, or persons au -
make certiri-5.
sate of puT
chase• thorized to act as collector, shall snake, sign and
deliver to the purchaser of any real property sold
for the payment of any taxes authorized by the pro-
visions of this act, or by any law applicable to
cities acting under special charters, a certificate of
purchase, which shall have the same force and ef-
fect as certificates issued by county treasurers for
the sale of delinquent county taxes.
SEC. 6. Real property sold under the provisions
of this act, or by virtue of any power heretofore
given, may be redeemed at any time —before the
right of redemption is cut off, as hereinafter pro-
vided —by payment to the collector, or to the per-
son authorized to act as collecter, to be held by
him subject to the order of the purchaser on sur-
render of the certificate, or in case the sane is lost
or destroyed, on his snaking affidavit of such fact,
and of the further fact that it was not assigned, of
the amount for which the same was sold, and twen-
ty per centum of such amount immediately added
as a penalty, with ten per cent. interest per annum
on the whole amount thus made from the day of
sale. "And also the amount of all taxes, either
annual or special, with interest and cost, paid at
any time by the purchaser subsequent to the sale,
Redemption.
•
LAWS OF IOWA. 393
and a similar penalty of twenty per cent. added as
before on the amount of the payment made at any
subsequent time, with ten per cent. interest per an-
num on the whole of such amount or amounts from
the day or days of payment. Provided, That such
penalty for the non-payment of the taxes at any
such subsequent time or times, shall not attach un-
less such subsequent tax or taxes shall have re-
mained unpaid for thirty days after they become
delinquent."
[NOTE —As bly j amended hfchapter 174, p.163, acts Seventeenth General
Assem
The collector or person authorized to act as col- Credempertificatetion. ui.
lector, shall, upon the application of any party to
redeem real property sold as aforesaid, and being
satisfied that such person has a right to redeem the
same, and on the payment of the proper amount, -
issue to such party a certificate of redemption, in
substance and form as provided by section 891, of
chapter 2, title 6, of the Code, and shall snake the
proper entry thereof in the sale book, which re-
demption shall thereupon be deemed complete
without further proceedings.
The provisions of sections 892, 893, and 894, ogginii 4 ` ,
chapter 2, title 6, of the Code, shall, so far as the "ply.
same are applicable and not herein changed or mo-
dified, apply to sales of real estate for delinquent
taxes herein contemplated: Provided, That where
the words "treasurer of the county" or "treasurer"
are used in said sections, the words "collector of
the city" or, "collector," or person authorized to
act as collector, shall be substituted.
SEc. 7. Immediately after the expiration of Des
e (toehold -
ninety days from the date of service of the notice; chase f pnr-
394
Form.
Effect.
Rights and
remedies.
LAWS OF IOWA.
as prescribed by section 894, chapter 2, title 6, of
the Code, the collector or person authorized to act
as collector then in office, shall make out a deed
for each lot or parcel of land remaining unredeemed,
and deliver the same to the purchaser, upon the re-
turn of the certificate of purchase, any number of
parcels of real estate bought by one person,- may be
included in one deed, if required by the purchaser.
Deeds executed by the collector or person author=
ized to act as collector, may be in form substantial-
ly as provided by section 896, chapter 2, title 6, of
the Code, and shall be signed and acknowledged
by him in his official capacity, and all deeds and
conveyances hereafter made and executed on ac-
count of any general or special tax sales shall have
the sauce force and effect as deeds made by county
treasurers for delinquent county taxes, and the pur-
chaser, as well as the owner of any real property
sold on account of such general or special delin-
quent tax, shall be entitled to all the rights and re-
medies which are granted and prescribed by sec.-
tions 897, 898, 899, goo, 901, 902, 903,904 and 905,
of chapter 2, title 6, of the Code: Provided, That
whenever the words "county" or "county treasur-
er" are used, the words "city" or "city collector,"
or persons authorized to act as collector, shall be
substituted.
oGradeoi'street Szc. 8. When the grade of any street or alley
r shall have been established, and any person shall have
built or made improvements on such streets or al-
ley according to the established grade thereof, and
such city shall alter such established grade in such
a manner as to injure or diminish the value of said
property, said city shall pay to the owner or owners
LAWS OF IOWA. 395
of said .property so injured the amount.of such dam-
age or injury.
SEc. 9. Said damage or injury shall be assessed br sgs esei
y
by three Commissioners, who shall be disinterested sbtoners.Commis-
freeholders, to be appointed by the City Council.
They shall, before entering upon their duty, be
sworn to execute the same according to the hest of
their ability. Before entering upon their duty, the
city shall cause notice to be given, which notice shall
be signed by the Commissioners and published for
three weeks in one or more newspapers printed in
such city, of the time and place of their meeting
for the purpose of viewing the premises and mnak- Powers.
ing their assessments. They shall view the prem-
ises, and, in their discretion, receive any legal evi-
dence, and may adjourn from day to clay; either
one of whom shall have the power, in the presence
of the others, to administer an oath or oaths to any
witness or witnesses to be examined before them.
SEc. ro. When the appraisement shall be com- Amentp p r n i s e-
.
pleted, the Commissioners shall sign and return the
same to the City Council within thirty days of
their appointment. The City Council shall have
power, in their discretion, to confirm or annul the
appraisement, and if annulled, all proceedings
shall be void ; but if confirmed, an order of the
confirmation shall be entered. Any person inter- order Appealof City /rem
ested may appeal from the order'of confirmation to conneif*
the circuit or district court of the county in which
such city is situated, by notice in writing to the
Mayor, at any time before the expiration of twen-
ty days after entering the order of confirmation.
Upon the trial of the appeal, all questions involved
in the proceedings, including the amount of dam-
396
Costs.
LAWS OF IOWA.
ages, shall be open to investigation. The cost of
any proceedings incurred prior to the order of such
City Council,' confirming or annulling the ap-
praisement, shall in all cases be paid by such city.
City council SEC. r1. The City Council shall have power to
may remove
c o mmission-
ers. remove Commissioners, and from time to time ap-
point others in the place of such as may be removed,
refuse, neglect, or be unable from any cause to
serve.
Sec. 1, chap. SEC. 12. That so much of section 1 chapter 51,
15th G. A . P 5 t
'n°`l'iied' acts of the Fifteenth General Assembly, as requires
cities to provide by ordinance for the improvement
of alleys after presentation of petition by owners of
property to be assessed,be and the same is hereby re-
pealed.; and such cities organized under special char-
m n emany_
ters, may provide by ordinance how such improve-
1 ey without
petiti'nfrom rnents shall be made, and thereafter may order any
property
owners. alley to be improved, graded or macadamized, by
resolution passed by the . affirmative vote of two-
thirds of such Council, and on voting on such re-
solution the yeas and nays shall be recorded.
Pr ondcoemned SEC. 13. All property taken and condemned by
without acti'n •
to enforce theVirtue, or Nof) any power heretofore conferred or
same.
herein granted, may be so taken and condemned,
and such power may be exercised and pursued
without resorting to proceedings in court in the
first instance to enforce the sime, anything in any
law to the contrary notwithstanding.
Council may SEC. 14. The City Council of any such city may
regulate sales
regulate and license sales by transient merchants,
bankrupt and dollar stores, and the like: Provided,
That the exercise of such power shall not interfere
with sales made by sheriffs, constables, coroners,
LAWS OF IOWA. 397
marshals, executors, guardians, assignees of insolv-
ent debtors, or other persons required by law to sell
real or personal property.
SEC. 15. The City Council of all cities actingAnnual taxa
not to exceed
under special charters, with a population of not 31 er cent.
more than fifteen thousand inhabitants, as shown
by the last state census, shall have power to levy
an annual tax of not to exceed three per cent of the
assessed value of all taxable property within its li-
mits, for the purpose of defraying the annual cur-
rent expenses of the city, carrying on its municipal
affairs and paying its bonded indebtedness: Provid-
ed, That no other or greater assessment shall be
made in any one year than the amount herein au- coustiWhen c i t tutoe y a
thorized, anything in any.law to the contrary not -
road district.
withstanding. While all other cities acting under
special charters may levy the taxes now authorized
by law, and -when such city constitutes a road dis-
trict, may levy a road tax in addition to the road
tax now 'allowed by law of two mills on the dollar
of the assessed valuation, which road • tax shall in
no case exceed five mills: Provided, However, the
City Council may provide by ordinance that all
property lying within the corporate limits of any
city acting under a special charter, and which is
not now subject to tax for city purposes, by reason
of the said property being .used for agricultural,,
horticultural or gardening purposes, shall be sub-
ject to a road tax not exceeding the sum of forty
cents for each one hundred dollars of the valuation
thereof, for the purpose of keeping in repair the
roads, streets and bridges lying within that part of
aliy such city where the property is not subject to
taxation for city purposes.
Police power
etc,
398 LAWS OF IOWA.
are to bet col- SEC. 16. When, by the provisions of special
mar hal. ed by charter, taxes,or revenue of any kind, are required
to be collected by the marshal or any other desig-
nated officer, the City Council of any such city
shall have the power to provide by ordinance for
the collection of such taxes or revenue, and the
discharge of all other duties relating thereto by any
other officer or person.
Numbering SEC. 17.
of houses.
When flow of
water is ob-
structed b y
filling.
shall have
numbering
thereof.
Cities acting under special charters
power to provide by ordinance for the
of houses by the owners or lessees
SEC. 18. All such cities shall have power to re-
quire the owner or lessee of any lot or tract of ground
extending into, across, or bordering on any hollow
or ravine which constitutes a drain for surface wa-
ter, or a water course of any kind, who shall by. fil-
ling or grading such lot -or tract of ground obstruct
the flaw of water through such water courses, to
construct through such lot or land such a drain or
passage way for water as the Council may designate,
and to enforce the same by proper penalties, or the
city may construct such drains at the expense of the
owners, and assess the cost thereof on the lots
or tracts of ground.
Poll tax. SEC. 1 j. 'All such cities shall have power. to en-
force the payment of poll tax in such manner as it
may determine by suit, penalties or otherwise, as
may be provided by ordinance.
Szc. 2o. I.n regard to the police powers, sanitary
regulations, and regulations for the prevention and
spread of fires, and of contagious diseases, the enu-
merated powers shall not be construed as a limita-
tion of the general powers.
LAWS OF IOWA.
Sze. 21. No general law as to powers of cities
organized under the general incorporation acia,shall
in any manner be construed to affect the charter or
laws of cities organized under special charters, and
while they continue to act under such charters, un-
less the saine shall have special reference to such
cities.
399
General laws
SEC. 22. That section 7, chapter 238, acts of the chanter 2s8.
Sixth General Assembly of the State of Iowa, ap- n alled.� , re-
proved January 27th, A. D. 1857, be and the salve
is hereby •repealed.
• Approved March 15, 1876.
CHAPTER CXI,III.
RELATING TO SUPERIOR COURTS IN CITIES.
AN ACT to Provide for Establishing Superior
Courts in Cities of a certain Grade, [Additional
to Chapter Io, Title IV, of the Code: "Of Cities
and Incorporated Towns."]
Be it enacted by the General Assembly of the State of Iowa:
SECTION I. That any city in this State contain-
ing, five thousand inhabitants, whether organized
under a special charter or the general act for the
incorporation of cities and towns, may establish a
superior court as hereinafter provided, which, when
established, shall take the place of the police court
of such city.
SEC. 2. Upon the petition of one hundred citi-
zens of any such city, the Mayor, by and with the
consent of the Common Council, may, at least ten
days before an annual election for city officers,issue
a proclamation submitting to the qualified voters of
said city the question of establishing said court.
S. P. 74-
What cities
may estab-
lish.
Question of
establishin't
to be submit-
ted to vote.
Vacancy.
400 LAWS OF IOWA.
At the same election, and every fourth year there-
after (if the said court is established), there shall be
elected a judge of the superior court, the votes for
whom shall be upon the same ballot with other
city officers. Should two-thirds of all the votes
cast at such election be in favor of said court, the
same shall thereby be established, aid the judge
shall qualify and hold his office for the term of four
years, and until his successor is elected and
qualified. Immediately after each election of said
judge, the Mayor of said city shall transmit a certi-
ficate of the election of said judge to the Governor
of the State, who shall thereupon issue to him a
commission empowering him to act as judge as
herein provided.
Judd em is SEC. 3. Said judge shall be a qualified elector
and bond. of the city, and be possessed of the legal acquire-
ments prescribed in section 208 of the Code of
Iowa; and shall subscribe in writing the same oath
required of judges of the district court, and file the
same with the Mayor of the city; and shall give
bond to the State of Iowa in the sum of four thou-
sand dollars, for the faithful discharge of his duties,
which bond must be filed with and approved by
the Mayor; and the effect of such election and qual-
ification shall be to abolish the office of police
judge of such city.
SEc. 4. In case of a vacancy occurring in the
said office of judge, the Mayor, by and with the
consent of the Common Council, shall appoint a
judge, who shall hold the office until the next an-
nual city election, and until his successor is elected
and qualified, who shall be chosen to fill the unex-
pired term.
LAWS OF IOWA. 401
SEC. g. Said judge shall hold at least one term coTeurt.rms of
of court in each month, except in August, com-
mencing on the first Monday in each month, but
as a police court it shall always be open for the dis-
patch of business.
SEc. 6. Said court shall have jurisdiction con- Jurisdiction.
current with the district and circuit courts, as now
and hereafter provided by law, except where said
courts respectively have exclusive jurisdiction and
except actions for divorce, and of all appeals and
writs of error, in civil cases, from justice's courts
within the township or townships in which the city
is located, and by consent of parties from justice's
courts in other townships in the county, said ap-
peals and writs of error to be taken in the same
time and manner as if the same were taken to the
circuit court, and the exclusive original jurisdiction
to try and determine all actions,civil and criminal,
for the violation of city ordinances, and all the jur-
isdiction conferred upon police courts, as now and
heretofore provided by law, and all the jurisdiction
co -extensive and concurrent with justices of the
peace, in all actions, civil and criminal, as now are
or -may be hereafter provided by law, and for the
trial of criminal actions, shall be open at such times
and under such rules as the court shall prescribe.
SEc. 7. Changes of venue may be had from said crennannear9 of
court in all civil actions to the circuit court in the
same manner, for like causes, and with the same ef-
fect, as the venue is now changed from the circuit
court as provided by law. In criminal actions
changes of venue may be had to the district court,
as provided by law for changes of venue in the dis-
trict court, and when criminal actions are tried in
vacations, without jury, an appeal will lie to the
402 LAWS OF IOWA.
Powers of
judge in
vacation.
district court, as provided by law for appeals in
like cases from justices of the peace.
SEC. 8. The said judges shall have the same
power in regard to injunctions, writs, orders and
other proceedings, out of courts as are now or may
be hereafter possessed for (by) the judges of the
district or circuit courts; and may also administer
oaths, take acknowledgements and depositions (ex-
cept depositions to be used in his own court), and
solemnize marriages. But he shall not practice in
any of the courts of this State.
Pmleodes adof tri-
ings, SEc. 9. The superior court shall be a court of
a l , rules of
praetiee, etc. record, and all statutes in force respecting venue
and commencement of actions, the jurisdiction pro-
cess, and practice of the circuit and district court,
the pleadings and mode of trial of action at law or
in equity, and the enforcement of its judgtnents by
execution or otherwise, and the allowance and tax-
ing of costs, and the making of rules for practice or
otherwise, shall be deemed applicable to the supe-
rior court, except wherein the same may be incon-
sistent with the provisions of this act. The records
and papers properly filed in a cause in either the
district or circuit courts are equally evidence in
said superior court.
Seal. SEC. ro. The said court shall have and use its
own seal, having on the face thereof the word "su-
perior court," and the name of the city, county and
State.
Clerk.
SEC. Ir. As long as the business of the court
can be done with convenience and dispatch; with-
out a clerk, the judge shall be the clerk of the said
court. Whenever, from the accumulation of caus-
es and other demands upon the court, a clerk shall
LAWS OF IOWA. 403
become necessary, the city recorder, or clerk, shall
be the clerk of the superior court, and shall receive
such compensation for his services as the City
Council may from time to time allow; and he shall
perform the duties in said court provided by law
for the clerk of the circuit court, and shall give
bonds as required of the said judge.
Szc. 12. The city marshal shall be the execu-
tive officer of said court, and his duties arid author-
ity in court and in executing process shall correspond
with those of the sheriff of the county in the cir-
cuit court, and with process from that court, and
he shall receive the same fees and compensation as
the sheriff for like services. But the process of said
court may be also served by the sheriff.
SEC. 13. The judge of said court shall receive inof judc�mnengatlge'n
full compensation for his services the sum of two
thousand dollars per annum, to be paid to him
quarterly; the first two quarters of the municipal
year shall be paid from the city treasury, and the
last two quarters from the county treasury where-
in said city is located. The costs and fees of said
court in civil actions shall be the same as in the
circuit and district courts except herein otherwise
provided, and the clerk of the superior court shall
-account for and pay over to the city all fees that
snay,be paid into the said court, and also for all
fines for the• violation of city ordinances. Of all
other fines he shall render the same account as is
provided for justices of the peace. In actions for
the violation of city ordinances, if unsuccessful, the
city shall pay all costs, the same as provided by Costs.
law for the county in other criminal actions prose-
cuted in the name and behalf of the State. The
fees in criminal actions shall be the same as in tees•
Marshal.
,,ems
404 LAWS OF IOWA.
Jury.
Selection of
jurors.
justices courts, and shall be paid and accounted for
as hereinbefore stated, and as otherwise provided
by law for justices of the peace and their courts.
Sue. 14. Upon the first regular consecutive call
of the calendar of causes by the court, either party
to an action may elect to have such cause tried by
jury, and a minute of said election shall be made
upon the calendar. Causes thus designated shall
be tried first in their order, and when a disposition
shall have been made of such causes, the jury shall
be discharged from attendance at that term. No
juror shall be detained as juryman longer than one
week, except upon a trial commenced within the
first week of his attendance.
SRC. 15. In order to provide jurors for said
court, the judge, mayor and recorder shall, imme-
diately after qualifying and every three months
thereafter, make out a list of twelve names of per-
sons from the body of the county in which the
city is situated, qualified to serve as jurors in the
district court, which list shall be furnished to the
clerk of said superior court, and from this list there
shall be drawn by the clerk and marshal nine per-
sons in the same manner as jurors are drawn in the
district court,and a precept from the court shall is-
sue accordingly five days before the first day of next
term, as provided by law in like cases in the dis-
trict court.
Number
u ber of SEC. 16. The jury shall shall consist of six qual-
ified jurors, unless a jury of twelve is demanded, in
which case the clerk may issue a special venire for
that purpose, or the city marshal may complete
the jury from the bystanders. (But no party shall
be entitled to a jury of twelve until the person de -
LAWS OF IOWA ❑
manding the same shall deposit with the clerk the
suin of six dollars, to be paid said jurors and taxed
with the cost. The pay of the regular jurors shall
be one dollar per day of six hours, and mileage, as
provided by law, to be taxed with costs not exceed-
ing twenty-five dollars in any one case; the rest of
tbe jury fees to be paid by the city.
SEc. 17. All appeals from judgments or orders
of said court, or the judge thereof, in civil actions,
shalt be taken to the supreme court .in the same
manner and under the same restriction, within the
same time, and with the same effect as appeals are
taken from the circuit to the supreme court, except
upon consent, appeals shall be in same manner to
the district court.
Sic. 18. Judgments in said court may be made iTia➢gment
liens upon real estate in the county in which the
city is situated by proceeding as provided in sec -
ions 3567 and 3568 of the Code, relating to judg-
ments of justices of the peace, and with equal effect,
and may be made liens upon real estate in other
counties in the same manner as judgments in the
circuit and district courts.
SEc. 19. It shall be the duty of the city attorn-city attorney.
ey or solicitor to file informations in the superior
court for violation of city ordinances and prosecute
the same, and for such services he shall receive
- such compensation as the City Council shall allow.
SEC. 20. The said judge shall be ex-officio a rage se
magistrate, and in preliminary examinations the efci°'
proceedings and practice shall be the same as be-
fore any other magistrate, and all warrants issued
in criminal proceedings under the seal of the:court,
may be used in any other part of the state without
Fees.
405
Appeals.
406
LAWS OF IOWA.
further attestation, in like manner as if issued by
the district court, and parties may be committed
to the city prison for confinement or punishment
instead of the county jail.
Approved March 17, 1870.
ACTS OF
SEVENTEENTH GENERAL ASSEMBLY.
CHAPTER
COMPENSATION OF CERTAIN OFFICERS IN CITIES.
D. F. 308. AN ACT requiring that officers in certain cities
receive a fixed compensation, and that all fees
now allowed such officers shall be paid into the
treasuries of such cities.
Be it enacted by the Genual Assembly of the State of Iowa : -
oftieers to re- SECTION I. That all cities of the first class, or-
e e ive salary
instead of
tees. ganized under the general incorporation law, and
all cities organized under special charter, inay pro-
vide by ordinance that all judges of police courts or
other city courts, city marshals, chiefs of police,
police officers, and all other officers elected or ap-
pointed, shall receive in lieu of all fees now al-
lowed by law or ordinance, such fixed salary, in
monthly or quarterly installments, as may be pro-
vided by ordinance, when not provided by law,
which salary, when it shall have been fixed, shall
not be increased or diminished during their terms
of office.
shnure giver SEc. 2. No such officer, of any such city shall
other com-
pensation receive, for his own use, any fees or other compen-
tbau salary.
sation for his services of such city than that which
LAWS OF IOWA..
407
shall be provided as contemplated in section one
(I) of this act; but all such fees as are now or may
hereafter be allowed by law for such services, shall,
by such officer, when collected, be paid into the
city treasury, at such time and in such manner as
may be prescribed by ordinance.
SEC. 3. All acts and parts of acts in conflict Repealing
isuse a 1 i ng
herewith are hereby repealed: Provided That the Pr°Vis°' all
fees received
intent of this act is not to abolish any fees now al-
lowed +A i eas aq'
by law, but to require the same to be paid
into the city treasury.
Approved March 18th, 1878.
ACTS OF
EIGHTEENTH GENERAL ASSEMBLY,
CHAPTER XXIV.
RELATING TO CITIES ORGANIZED UNDER SPECIAL, CHARTERS.
AN ACT relating to cities organized and existing H. F. 271-
under special charters, conferring additional pow-
ers and amending the charters of such cities in
certain respects. [Additional to chapter ro, title
IV, of the Code_ : "Of Cities and Incorporated
Towns."]
Be it enacted by the General Assembly of the State of Iowa:
SECTION I. That all cities in this State or an-TOpr°Vide
for the a p -
g
ized and existing under special charters, shall have the Dun
ell, . or elec.-
power to provide by ordinance for the appointment tion by the
people, of a
of a city marshal by the council of such city, or for city marshal•
the election of such officer by thel electors thereof,
or may dispense with such officer, and confer the Ma dispense
with marshal
duties pertaining thereto upon any other officer or
person.
Approved March 9, 1880. -
408 LAWS OF IOWA.
CHAPTER I,III.
RELATIVE TO TOWN OR CITY LOTS.
R: F. 120. AN ACT to provide that lands to be'laid out into
town or city lots shall be free from incumbrance,
or that security shall be given against such in -
cumbrance, and that such lots when thus laid 'out
shall be accurately described relative to some es-
tablished corner of the congressional division of
which they are a part, and repealing chapter 25
of the laws of the Fifteenth General Assembly,
and chapter 63 of the laws .of 'the Sixteenth Gen-
eral Assembly.
.Be it enacted by the Gene? al Assembly of the State of Iowa :
Pegrseusout s a y- SECTION r. That whenever any person or cor-
iuland
into town or
city lets to poration shall lay out any parcel of laud into town
procure cer-
tificates that or city lots in accordance with chapter 12, title 4
they are free
trroamneeincum- of the Code, such person shall procure from the
treasurer of the county in which the land lies a
certified statement that the land thus laid out into
lots, streets and alleys is free from taxes, and shall
also procure a certified statement from the recorder
of such county, that the title in fee to said land is
in such proprietor, and that the same is free from
every incumbrance; which certified statements shall
Filed with re-
corder. both be filed with the recorder before the plat of
said town or city lots shall be admitted to record or
P„orratglini be of any validity: Provided, however, That if the
cubrance
falling due in parcel of land so laid out shall be incumbered with
two years and
amount when a debt certain in amount, and which will fall due
has beenfull mtten not more than two years after the making of the
dered.
affidavit hereinafter provided for, and which the
creditor will not accept with accrued interest to the
day of proffered payment, if it draws interest, or
with a rebate of interest at the rate of six per cent -
LAWS OF IOWA.
409
um per annum if it draws no interest, or if the cred-
itor cannot be found, then such proprietor, and if a
corporation its proper officer or agent, may file with
the recorder of such county his affidavit, stating Ailiproprida'eto•it r"t'
either. that such proprietor, has offered to pay such
creditor the full amount of -his debt, with interest or
with a rebate of interest, as the case may be, and
that such creditor would not accept the same, or
that such creditor cannot be found, whereupon
such proprietor may execute a bond double the Proprieterte
esecnte bond
amount of such incumbrance with three sureties
who shall be freeholders of the county, to be ap-
proved by the recorder and clerk of the county,
which bond shall run to the county, and shall be
for the benefit of the purchasers of any of such town
or city lots, and shall be conditioned for the pay-
ment of such incumbrance and the cancellation
thereof of record as soon as practicable after the
same becomes due, and for the holding of all such
purchasers and those claiming under them forever
harmless from such incumbrance; and when such
affidavit and bond shall have been filed with the re- Tilt 800nd
ty trea
ate and
of
corder, together with a certificate of the treasurer counurerwith res-
-
corder.
that said land is free from taxes, and the certificate
of the recorder that the title in fee to said land is
in such proprietor, and that the same is free from
all incumbrance except that secured by said bond,
said plat shall be admitted to record, and be equally
valid as if such proprietor had filed with the re:
corder the certificate of such recorder that said land
was free from all incumbrance.
SEC. 2. All the certificates, affidavits and bonds amda ite na
provided for in the preceding section shall be re- bed iondsn connecrecord-
-
tion with plat
corded in connection with the plat to which they
relate in the office of the recorder before the said
410
LAWS OF IOWA.
plat or the record thereof shall be of any validity.
Iteeord a u d SEc.The record andplat of everytown or
plat to show 3.
bearing a n d •
distance from city, or addition thereto, which may bg thus laid
government
corner. out, shall give. the bearing and distance from some
corner of a lot or block in said town or city, or part
thereof; to some corner of the congressional divi-
sion of which said town, city or addition is a part.
Nat to affect
anmexatinnof Sc.E4. The provisions of this act shall not
contiguous
t e rr i t o r y, prevent the annexation of contiguous territory to
when.
cities and towns under sections 426, 427, 428 and
429 of chapter 10, title 4 of the Code, and chapter
47 of the laws of the Sixteenth General Assembly,
as amended by chapter 169 of the laws of the Sev-
enteenth General Assembly.
C;t.ha p ter 25, SEC. 5. Chapter 25 of the laws of the Fifteenth
chap ter63,
16thG. A. re- General Assembly, and chapter 63 of the laws of
pealed.
the Sixteenth General Assembly are hereby re-
pealed.
Aprroverl March 16, 1880.
CHAPTER CIX.
RELATIVE TO EQUALIZATION OF PROPERTY.
AN ACT to amend section 831, chapter i, title 6
of the Code, H. F. 267, of Iowa, in relation to
Boards of Equalization.
Be it enacted by the GenePal Assembly of the ,State of Iowa :
Code, sed, ee• 881 SECTION 1. That section 83 t of the Code of
amendap-
peals isonn Iowa be amended as follows : by adding to the end
days.
of said section 831 the following words : "Within
sixty clays after the adjournment of such board of
equalization but not afterward."
LAWS OF IOWA 411
SEC. 2. The assessor shall, infbefore administering A s orm p a ra e asor to
-
the oath 'or affirmation as is provided in section 824 am unt °a d
notify them
of the Code to the person assessed, inform him of to appear if
aggrieved.
the valuation put upon his property, and notify him
that if he feels aggrieved to appear before the board
of equalization and show why the assessment should
be changed.
Sec. 3. At the first meeting of the board of
equalization of any township, town, or city, they
shall decide what assessment should in their opin-
ion be raised, and make an alphabetical list of
names of the individuals whose assessment it is
proposed to raise, and post a copy of the same in a
conspicuous place. in the office or place of meeting
of said board and also in each post -office located in
said township, town, or city, and the hoard shall,
if in their opinion some assessments should be
raised, hold an adjourned meeting with at least one
week intervening after posting of said notices be-
fore final action thereon, which notices shall state
the time and place of holding such adjourned meet-
ing.
Approved March 24, 1880.
CHAPTER CLI.
Duty of
board of
e q u alizn-
tion.
STATE BOARD OF HEALTH AND VITAL STATISTICS.
AN ACT to establish a State Board of Health in sub. s. F. 98.
the State of Iowa, to provide for collecting Vital
Statistics, and to assign certain duties to Local
Boards of Health, and to punish neglect of duties.
Be it enacted by the General Assembly of the State of Iowa:
SECTION I. That the governor, with the approv-Apboard.pointment
of
al of .the executivecouncil, shall appoint nine (9)
persons, one of whom shall be the attorney -general
of the State (by virtue of his office), one a civil en-
412 LAWS OF IOWA.
Terris
office.
Power
board.
Duties
clerks
courts.
gineer, and seven (7) physicians, who shall consti-
tute. a State . Board of Health. The persons so ap-
°f pointed shall hold their office for seven (7) years:
Provided, That the terms of office of the seven phy-
sicians first appointed shall be so arranged by lot
that the term of one shall expire on the -thirty-first
(3I) day of January of each year; and the vacancies
thus occasioned, as well as all other vacancies oth-
erwise occurring, shall be filled by the governor,
with the approval of the executive council.
° f Sic. 2. The State Board of Health shall have
the general supervision of the interests of the health
and life of the citizens of the State. They shall
have charge of all matters pertaining to quarantine;
they ' shall supervise a state registration of mar-
riages, births and deaths, as hereinafter provided ;
they shall have authority to make such rules and
regulations, and such sanitary investigations as
they may from time to time deem necessary for the
preservation or improvement of the public health;
and it shall be the duty of all police officers, sher-
iffs, constables, and all other officers of the State,
to enforce such rules and regulations so far as the
efficiency and success of the board may depend
upon their official co-operation.
f SEC. 3. The clerk of the district and circuit
courts of each of the several counties in the State
shall be required to keep separate books for the
registration of the names and post -office address of
physicians -and midwives, for births, for marriages
and for deaths, which record shall show the naives,
date of birth, death or marriage ; the names of
•parents and sex of the child, when a birth, and
when a death, shall give the age, sex and cause of
death, with the date of the record, and the naive
LAWS OF IOWA. 413
of the person furnishing the information. Said vo opeuBYolr
book shall always be open for inspection without inspection.
fee ; and the clerks of said courts shall be required
to render a full and complete report of all births,
marriages and deaths to the secretary of the Board
of Health annually, on the first day of October of Report.
each year, and at such other time as the board may.
direct.
SEc. 4. It shall be the duty of the Board ofDute BieSoarofd
Stat.
Health to prepare such forms for the record of
births, marriages and deaths as they may deem pro-
per; the said forms to be furnished by the secretary
of said board to the clerks of the district and cir-
cuit courts of the several counties, whose duty it
shall be to furnish them to such persons as are
herein required to make reports.
SEC. 5. It shall be the duty of all physicians eciftnsofa n a
and midwives in this State to register their names midwives*
and post -office address with the clerk of the dis-
trict and circuit courts of the county where they
reside; and said physicians and midwives shall be
required, under penalty of ten dollars ($io), to be Penalty for
failure.
recovered in any court of competent jurisdiction in
the State at suit of the clerk of the courts, to re-
port to the clerk of the courts within thirty (3o)
days from the date of their occurrence, all births
and deaths which may come under their supervi-
sion, with a certificate of the cause of death, and.
such other facts asthe board may require in the
blank forms furnished, as hereinafter provided.
SEC. 6. When any birth or death shall take po iuvl en e.
place, no physician or midwife being in attendance,
the same shall be reported by the parent to the clerk
of the district.and circuit courts within thirty (3o)
414 LAWS OF IOWA.
days from the date of its occurrence, and if a death,
the supposed cause of death, or, if there be no par-
ent by the nearest of • kin not a minor, or, if none,
by the resident house -holder where the birth or
death shall have occurred, under penalty provided
Clerks to re- in the preceding section of this act. Clerks of the
port to secre-
taryoardof state district and circuit courts shall annually, on the
b
first day of October of each year, send to the secre-
tary of State Board of Health a statement of all
births and deaths recorded in their offices for the
year preceding said date, under a penalty of twenty-
five dollars ($25) in case of failure.
Coroners • SEC. 7. The coroners of the several counties
shall report.
shall report to the clerk of the courts all cases of
death which inay come under their supervision,
with the cause or anode of death, etc., as per form
furnished, under penalty as provided in section 5
of this act.
Special fund. Sze. 8. All amounts recovered under the penal-
ties of this act shall be appropriated to a special
fund for carrying out the object of this law.
Meeting and SEC. 9. The first meeting of the board shall be
organizati o n
of board. within twenty days after its appointment, and
thereafter in May and November of each year, and
at such other times as the board shall deem exped-
ient. The November meeting shall be in the city
of Des Moines. A majority of the members of the
board shall constitute a quorum. They shall choose
one of their number to be president, and shall adopt
rules and by-laws for their government, subject to
the provisions of this act.
Election and SEC. ro. Theyshall elect a secretarywho shall
salary of sec-
sec-
retary. perform the duties prescribed by the board and by
this act. He will receive a salary, which shall be
LAWS OF IOWA. 415
fixed by the board, not exceeding $1, 20o per an-
num. He shall, with the other members of the
.board, receive actual traveling and other necessary
expenses incurred in the performance of official.du-
ties ; but no other member of the board shall re-
ceive a salary. Then the president of the board
shall quarterly certify the amount due the secreta-
ry, and on presentation of said certificate the Audi-
tor of State shall draw his warrant on the State
Treasurer for the amount.
SEC. r r. It shall be the duty of the Board of po to to the
Health to snake a biennial report, through their Governor.
secretary or otherwise, in writing, to the Governor
of the State, on or before the first (rst) day of De-
cember of each year preceding that in which the
General Assembly meets; and such report shall in-
elude so much of the proceedings of the board,
such information concerning vital statistics, such
knowledge respecting diseases, and such instruc-
tion on the subject of hygiene as may be thought
useful by the board for dissemination among the
people, with such suggestions as to legislative ac-
tion as they may deem necessary.
SEC. 12. The sum of five thousand dollars annual-
lroy jat_
($5,000) per annum, or so much thereof as may be ed.
necessary, is hereby appropriated to pay the salary
of the secretary, meet the contingent expenses of
_the office of the secretary and the expenses of the
board, and all costs of printing, which together
shall not exceed the sum hereby appropriated. Said
expenses shall be certified and paid in the same
manner as the salary of the secretary. The Secre- secate retaprovidry oer
St
tary of State shall provide rooms suitable for the rooms.
meetingsof the board and office -room for the sec-
retary of the board.
416
LAWS OF IOWA.
B m n, this: SEc. r3. The Mayor and aldermen of each in-
tees,local
boards of corporated city, the Mayor and Council of any in -
health.
corporated town or village in the State, or the
trustees of any township, shall have and exercise
all the powers and perform all the duties of a board
of health within the limits of the cities, towns and
townships of which they are officers.
ap
r.opoa.l nt bophyards-
SEc. 14. Every local Board of Health shall ap-
ol
sicians and
reg i to fees point a competent physician to the board, who
shall be the health officer within its jurisdiction,
and shall hold his office during the pleasure .of the
board. The clerks of the townships and the clerks
and recorders of cities and towns shall be the clerks
of the local boards. The local boards shall also
regulate all fees and charges of persons employed
by them in the execution of the health laws and of
their own regulations.
Report of Sc.Er It shall be the dutyof the health
physician and 5'
clerk of local
boards. physician oevery incorporated town, and also the
clerk of the local Board of Health in each city or
incorporated town or village in the State, at least
once a year to report to the State Board of Health
their proceedings and such other facts required, on
blanks and in accordance with instructions received
from said State board. They shall also make
special reports whenever required to do so by the
State Board of Health.
Regulation SEC. 16. Local Boards of Health shall make
respecting
nuisances.
such regulations respecting nuisances, sources of
filth and causes of sickness within their jurisdiction
and on board any boats in their ports or harbors as
they shall judge necessary for the public health
Po ati $«K- and safety ; and if any person shall violate any
nlattons, such regulations, he shall forfeit a sum not less
LAWS OF IOWA.
417
than twenty-five dollars ($25) for every day during
which he knowingly violates or disregards said
rules and regulations, to be recovered before any
justice of the peace or other court of competent
jurisdiction.
SEC. 17. The Board of Health of any city or in- oaiast local•
corporated town or village shall order the owner of
any property, place or building (at his own ex-
pense) to remove any nuisance, source of filth or
cause of sickness found, on private property, with-
in twenty-four (24) hours, or such other time as is
deemed reasonable, after notice served as hereinaf-
.'er provided; and if the owner or occupant neglects
to do so, he shall forfeit a sum riot exceeding twen-
ty dollars ($2o) for every day during which he
knowingly and willfully permits such nuisance or
cause of sickness to remain after the time prescribed
for the removal thereof.
Penalty t or
refusing to
abate n u i l-
ance.
SEc. 18. If the owner or occupant fails to com- cal HPoweroardof lo-
.
ply with such order, the board may cause the nuis-
ance, source of filth or cause of sickness to be re-
moved, and all expenses incurred thereby shall be
paid by the owner, occupant or other person who
caused or permitted the same, if he has had actual
notice from the Board of Health of the existence
thereof,to be recovered by civil action in the name
of the State before any court having jurisdiction.
SEC. 19. The board, when satisfied, upon due To vellinnnr;gsty
th
examination, that any cellar, room, tenement or •
building in its town, occupied as a dwelling place,
has become, by reason of the number of occupants,
or want of cleanliness, or other cause, unfit for
such purpose, and a. cause of nuisance or sickness
to the occupants or the public, may issue a notice
418
May remove
occupant.
LAWS OF IOWA.
in writing to such occupants, or any of them, re-
quiring the premises to be put in proper condition
as to cleanliness, or, if they see' fit, requiring the
occupants to removeor quit the premises within
such time as the board inay deem reasonable. If
the persons so notified, or any of them, neglect or
refuse to comply with the terms of the notice, the'
board may cause the premises to be properly cleaned
at the expense of the owners, .tr may remove the
occupants forcibly and close up the premises, and
the same shall not 4gain be occupied as a dwelling
place without permission in writing of the board.
Can enter place, build-
SEc. 2o. Whenever the Board of Health 'shall
tto remove orog or vessel think it necessary for the preservation of .the lives
prevent nuis-
ance. or health of the inhabitants to enter a place, build-
ing or vessel in their township for the purpose of
examining into and destroying, removing or pre-
venting any nuisance, source of filth or cause of
sickness, and shall be refused such entry, any
member of the board may make complaint, under
.oath, to any justiceof the peace of his county,
whether such justice be a member of the board or
not, stating the facts of the case, so far as he has
knowledge thereof. Such justice shall thereupon
usustNaa,baaot.issue a warrant, directed to the sheriff or any con-
stable of the county, commanding him to take suf-
ficient aid, and, being accompanied by two or more
members of said Board of Health, between the
hours of sunrise and sunset, repair to the place
where such nuisance, source of filth or cause of
sickness complained of may be, and the same de-
stroy, remove or prevent, under the direction of
such members of the Board of Health.
Tagao insgt nsmand-When any g Sc.i. 2r. person coming from abroad,
pox and othaller
Infectious dis-or residing within. any city, town or township with -
eases.
LAWS OF IOWA. 419
in this State, shall be infected, or shall lately have
been infected with small -pox, or other sickness
dangerous to the public health, the Board of Health
of the city, town or township where said person
may be, shall make effectual -provision, in the
manner in which they shall judge best,for the safe-
ty of the inhabitants, by removing such sick or
infected persons to a separate house, if it can beh
Sor infaii proectevidde
f
done without damage to his health, and by provid- persons.
ing nurses and other assistance and supplies, which
shall be charged to the person himself, his parents
or other person who may beliable for his support,
if able; otherwise at the expense of the county to
which he belongs.
S$c. 22. If any infected person cannot be re- Mionattfor iufe proseiee-
e-
moved without damage to his health, the Board of wlienca not
Health shall make provision for him, as directed in be moved.
the preceding section; in the house in which he
may be, and in such case they may cause the per-
sons in the neighborhood to be removed, and may
take such other measures as may be deemed necess-
ary for the safety of the inhabitants.,
Sic. 23. Any justice of the peace, on applica-
tion under oath showing cause therefor by a local
board, or any member thereof, shall issue his war-
rant under his hand, directed to the sheriff or any
constable of the county, requiring him, under the
direction of the Board of Health, to improve any per-
son infected with contagious diseases, or to take
possession of condemned houses and lodgings, and
to provide nurses and attendants, and other necess-
aries for the care, safety and relief of the sick.
SEc. 24. Local Boards of Health shall meet forM°petrt gs o an
lo-
the transaction of business on the first Monday incal boards.
Duties of jus-
tices of the
peace.
•
420 LAWS OF IOWA.
May and the first Monday in November of each
year, and at any other time that the necessities of
the health of their respective jurisdictions may der
mand; and the clerk of each board shall transmit
his annual report "eo the secretary of the State Board
of Health within two weeks after the November
meeting. Said report shall embrace a history of
any epidemic disease which may have prevailed
within his district. The failure of the clerk of the
board to prepare, or cause to be prepared, and for-
ward such report as above specified, shall be con-
sidered a misdemeanor, for which he shall be sub-
ject to a fine of not more than twenty-five dollars
($25)•
Repealing SEC. 25. All laws in conflict with this act are
clause.
hereby repealed.
Approved March 26,1880.
ACTS OF
NINETEENTH GENERAL ASSEMBLY.
CHAPTER XC.
S. F. 50. AN ACT authorizing cities acting under special
charters to cause land on which there is stagnant
•water to be filled up or drained, and providing
for the collection of such expense.
Cities under
special char-
ters may 811
lots, when.
Be it enacted by the General Assembly of the State of Iowa:
SECTION r. That all cities acting under special
charters shall have power to cause any lot or piece
of land within their limits, on which water at any
time becomes stagnant, to be filled up or drained
LAWS OF IOWA
421
in such manner as may be directed by a resolution
of the City Council, and the owners, or his agent,
of such lot or piece of land, shall, after service of a
copy of such resolution, or after a publication of
the saine.in some newspaper of general circulation
in such city, for two consecutive weeks, comply
with the directions of such resolution within the
time therein specified; and in case of a failure or
refusal to do so, it may be done at the expense of
such city, and the amount of money so expended
shall be a debt due from the owner of said lot or money a en
piece of land to said city; and shall also be a lien on pronerty.
on said lot' or piece of land from the time of the
adoption of said resolution.
SEC. 2. Any such city lnay, in addition to the eapen:etobe
means provided by section i of this act, if by ordi- a ai tax a sl'e-
nance it so elects, cause the expense of such filling
to be levied as a special tax on such lot or piece of
land, and may collect the salve by tax sale in such
manner as may be provided by such ordinance.
Approved March 15, 1882.
CHAPTER LXXXIX.
ENLARGING THE POWERS OF CITIES.
AN ACT, granting additional powers to cities or- S. F. 120.
ganized under the General Incorporation Laws of
the State. (Additional to Code, title IV, chap-
ter ro, relating to cities and towns.)
Be it Enacted by the General Assembly of the State of Iowa:
SECTION r. The cities organized under the gen- o w e r s n-
eral incorporation laws of the State, in addition to deg%is; inne
the powers now granted them, shall have power to f eolm°minorss
regulate, license and tax itinerant doctors, physi-
cians and surgeons, junk dealers, and to prohibit
422 LAWS OF IOWA.
pawnbrokers and junk or second-hand dealers pur-
chasing or receiving from minors without the writ-
ten consent of their parents or guardians.
Numbering of Sic. 2. To require buildings to be numbered
buildings. qre allg
and in case of the failure of the owners to comply
with such requirement, to cause the see to be
done, and to assess the cost thereof against the
property or premises numbered.
watercourses S> c. 3. To deepen, widen, cover, wall, alter or
change the channel of water courses within their -
corporate limits.
Chimney ,flre Szc. 4. To regulate and control the construction
escapes,
of chimneys, stacks, flues,fire-places, hearths,stove-
pipes, ovens, boilers, and heating apparatus, used
in or about buildings, and to require and regulate
the construction of fire -escapes, and to cause any or
all of them to be removed, or placed in a safe con-
dition when considered dangerous, and to assess the
cost thereof on the property and.against the owners
thereof.
Fires; unsafe SEc. To regulate manufactories' which are
buildings. 5' g
dangerous in causing or promoting fires ; to pre-
vent the deposit of ashes and combustible hatter
in unsafe places; and to cause all such buildings
and inclosures as may be in a dangerous or unsafe
state to be put up in a safe condition.
Lights; bon- SEC. 6. To regulate the use of lights in stables
fires; fire- g g
works. shops and other places, and the building of bon-
fires; and to regulate or prohibit the use of fire-
works, fire -crackers, torpedoes, roman candles, sky-
rockets and other pyrotechnic displays.
pBlos i r e°here, ex- Sic. 7. To provide for the inspection of steam
m a-
teriate. boilers and all places used for the storage of ex -
LAWS OF IOWA. 423
plosive or inflammable substances or Materials, and
to prescribe the necessary means and regulations to
secure the public against accident and injuries
therefrom, and to assess the costs and expense of.
such proceedings against the property and owners
thereof.
SRC. 8. To require the connection from gas of i'O°11ga°Goon
g and
watepipe
pipes, water pipes and sewers to the curb lines of to bor reeus-
tated.
adjoining property to be made before the perman-
ent improvement of the street whereon they are lo-
cated, and to regulate the making of such connec-
tions on streets already improved, and to enforce
such requirement as provided by law.
g. To establish all needful regulations as Lit u g h t er
r e n dor-
iug hcuses;
to the management of packing and slaughter hous- bone fa°tor_
ies, etc
es, renderies, tallow chandleries, and soap factories,
bone factories, tanneries, and manufactories of fer-
tilizing and chemicals, within the limits of such
cities; and the deposit and removal of all of-
fensive material and substances, and the engender-
ing of offensive odors and sights therefrom, as will
protect the public against the same.
Approved March 15, 1882.
See Acts Twenty-first General Assembly, Chapter 4Jo.
CHAPTER CLXIV.
ABANDONMENT OF CITY CHARTERS.
AN ACT to amend Section 438, Title IV, Chapter S. v 338.
Io (concerning cities and incorporated towns), of
the Code, relating to the abandonment of the
charters of cities and acting under special char-
ters, providing for the term of office of its (their)
officers and the validity of certain ordinances
thereof after such abandonment.
Le itenacted by the Genercel Assembly of the Slate of Iowa:
SECTION 1. That section 438, title IV., chapter ume a a.43a'
424 LAWS OF IOWA,
Io, of the Code, be and the same is hereby amend-
ed by inserting after the word "town," in the elev-
enth line thereof, the folloying: Except to cities
of the first-class, where such special election is or
shall have been held on the first Monday of March
of an even year, when they shall hold their of-
electedt oli fices for the term of two years thereafter. All or -
till when.
ordinances of such city or town in force at the time
of the abandonment of such special charter, not in-
consistent or in conflict with the general incorpo-
ration laws of the State,shall be and remain in force
urutdi inn auned ie' suntiln otherwise altered, amended -or repealed by the
cu
force.
council or trustees of such new organization.
Approved March 23, 1882.
CHAPTER CLXVIII.
BOARDS OR HEALTH IN CITIES UNDER SPECIAL CHARTERS.
H. F. 1. , AN ACT empowering cities under special charters
to establish Boards of Health.
Appointment
of board of
health.
Be it enacted by the GenePal Assembly of the State of Iowa:
SEcTIoN I. The Mayor and alderma(e)n of each
city in this state acting under a special charter
shall have full power and authority to appoint a
local Board of Health consisting of three or five
members, a majority of whom shall be members of
mayor °hail` the City Council. The Mayor of the city shall be
man.
ex-officio one of said members of the Board of Health
and the chairman thereof. The manner of the ap-
pointment and duration of office of said board 'shall
be determined by the ordinances of said city.
Physician, Sc.E2. The Board of Health mayappoint a
clerk, etc., to Pl
hoard ` physician to the board, who shall hold office during
LAWS OF IOWA.
425
the pleasitte of the board. The city clerk shall be
the clerk of said board, unless some other clerk
may be provided by the ordinances of said city.
The said Board of Health may regulate all fees
and charges of the physician and clerk and all per-
sons employed by them in the execution of the
health laws, and the rules, regulations and orders
of said board. A majority of the members of said
board shall constitute a quorum for the transaction Quorum.
of all business and the exercise of the powers con-
ferred upon said hoard.
SEc. 3. It shall be the duty of such clerk and Il atehe p o rot
Star
physician to report at least once a year to the State "t health.
Board of Health the proceedings of sitch board, and
such other facts as may be required, on blanks, in
accordance with instructions received from the
state board. They shall also make special reports
whenever required so to do by the state board.
SEC. 4. Said local Board of Health may make R neg s
rultltti„nttsn.d
such regulations, rules, and orders respecting nui-
sances, Aources of filth, and cases of sickness with-
in their jurisdiction, and on any boats in their ports
and harbors, and for the prevention of nuisances,
and the preservation of the public health, as said
board may judge necessary for the public health
and safety.
SEc. 5, Said cities shall have the power and of P!"\•i`ol'nnticn' e nst
.
may provide by ordinance for the punishment
by fine and imprisonment of any person who shall
knowingly violate or fail to comply with any rule,
regulation or order of such local Board of Health,
but the fine shall not exceed one hundred dollars
($ioo), or imprisonment thirty days. The prosecu- Pro$ecutlon.
tions for the violation of any rule, regulation or or-
426 LAWS OF IOWA.
der of such Board of Health shall be in the name of
the city appointing such Board of Health, and shall
be conducted in the same manner and before the
same tribunals as other prosecutions for the viola-
tion of other ordinances of such city.
Abatement of SEC. 6. Anysuch Board of Health mayorder
nuisances b y
• owner or o c-
c n p a n t o fthe owner or occupant of any property, place or
property.
building, at his own expense, to remove or abate
any nuisance, source of filth, or cause of sickness
found on such property, within twenty-four hours,
or such dine as is deemed reasonable, after personal
notice shall have been served upon such owner or
occupant; and said Board of Health may, in its dis-
cretion, specify in its notice the mannar of such re-
moval or abatement of said nuisance, cause of sick-
ness, or source of filth, and if such owner or occu-
pant neglects to comply with such order he may be
punished in accordance with the provisions of sec-
tion 5 hereof.
SEc. 7. Whenever the owner or occupant fails
Same by boardto comply with such order, said board may cause
the nuisance, source of filth, or cause of sickness to
be removed, and all expenses incurred thereby shall
be paid by the owner, occupant or other person
who caused or permitted the same to be, and the
same shall be a lien upon the said property whereon
said nuisance, source of filth, or cause of sickness
existed; and the said expenses may be recovered
and the lien enforced by a civil action in the name
of said city in any -court of competent jurisdiction.
SEc. 8. Whenever the owner or occupant of
such property, place or building shall not be found
in said city, or whenever the said Board of Health
may deem immediate action necessary, the said
Lien for ex-
penses.
Action with -
slit notice
LAWS OF IOWA. 427
board may, without notice to such owner or oc-
cupant, immediately proceed to remove said nuis-
ance, source of filth, or cause of sickness, and the
expense thereof shall be a lien upon such property,
place, or building, and the same may be enforced
in any court having jurisdiction by an action in the
name of the city.
SEC. 9. Whenever any person or persons are ]?nl111•evenSa71CCC.tion of
engaged in a work,,or doing things, or threatening
to do things which, in the opinion of the Board of
Health, will result in a nuisance, or in danger to
the public health, the said Board of Health may or-
der said work, or the doing of such things, to be
discontinued, or not to be done, and in case any
such person or persons shall fail Nil comply with
any such order after personal service of a notice
thereof, such person or persons may be proceeded
against and punished under the provisions of sec-
tion 5 hereof.
SEC. io. Whenever, any such Board of Health oY rulepllblioast;on
:ulrl
shall establish any general regulations for the pub- regulations'
lic health, under section 4 hereof, the same shall
be published daily for two consecutive weeks in
some newspaper of general circulation in such city,
and upon completion thereof the same (shall) be
and .remain binding and obligatory during the term
of office of said board, unless sooner revoked or
changed by said board. And no notice of such
general regulations shall be necessary other than
said before mentioned publication.
SEc. II. Whenever it is necessary, under this ('ilieel to
serl-e notice:
-act, that any notice be served, the same may be
served by any city officer, or by any other person
whom the Board of Health may appoint or desig-
nate.
428 LAWS OF IOWA.
SEC. 12. The board when satisfied upon due ex-
amination that any cellar, room, tenement, or
building in said city, occupied as a dwelling -house,
has become, by reason of the number of inhabi-
tants or want of cleanliness, or other cause, unfit
for such habitation and the cause of nuisance or
sickness to the occupants thereof or the public,may
issue a notice to the occupants,or any of them, re-
quiring the premises to. be put into a proper condi-
tion as to cleanliness or health, or, if such board
see fit; requiring the occupants to quit or remove
emof
tenaniits from the remises within such time as said board
valanod h
closing of premises deems reasonable. If the persons so notified ne-
glect or refuse to comply with the terms of the no-
tice the boar* may cause the premises to be proper-
ly cleaned at the expense of the owners, and such
expense shall be a lien on said property, and may
be enforced in any court having jurisdiction; or
said board may remove the occupants forcibly and
close up the premises, and the same shall not again
be occupied as a dwelling house without permission
of the board. And the persons notified and failing
to comply with the order of the board may be pun-
ished in accordance, with the provisions of section 5
hereof.
SEc. 13. Whenever, by reason of the prevalence
of small -pox or other contagious or infectious dis-
ease in any such city, or the vicinity thereof, the
Board of Health may deem it dangerous to permit
the congregation together of large crowds of peo•
-
ple, the said Board of Health may, with the con-
sent of the City . Council, by public proclamation
published once in some newspaper of general circu-
lation in said city, prohibit the congregation of
LAWS OF IOWA 429
people in schools, churches, theaters, and in all ilo.trd may
prnnfult
other
buildings in said city, and it shall thereuponpgcegeopletion,when nl'
become the duty of the principals, teachers, or other
persons in charge of said schools, and of the per-
sons in charge of such churcheg, theaters, or other
buildings specified in said'publication, to keep the
same closed, and to prevent the congregation of
people therein; and when small -pox is prevalent in
said city or its vicinity, the said Board of Health
may, with the consent of the City Council, by no-
tice served upon the teachers or persons in charge �iayacciu i•oruid
un-va
°d pers
of
any of the public or private schools, prevent the atte n d ionns �
admission therein of any pupils, until such pupils a chue h o o l e
rches,
theaters, etc.
shall have proved to the satisfaction of the Board
of Health, or the persons by it selected for that
purpose, that such pupils have been vaccinated
within the past five years; or such time as the board
may designate. And said board may in like man-
ner prevent the admission of persons not furnishing •
satisfactory proof of vaccination, into churches,
theaters, or other buildings, by notifying the per-
sons in charge thereof not to admit such persons.
SEc. 14. Whenever the Board of Health shall Ilooneeecungard
whUo
. think it necessary for thepreservation of the lives i 5 esoiva°`'
from iufee-
or the health of the inhabitants to enter a place, ted premises.
• -building, or vessel, within its jurisdiction, for the
purpose of examining into and destroying, remov-
ing or preventing any nuisance, source of filth, or
'cause of sickness, and shall be refused such entry,
any member of the board may make complaint, un-
der oath, before any justice of the peace, or any
tribunal having jurisdiction to enforce the ordin-
ance of such city, whether such judicial officer be a
member of said board or not, stating the facts of
the case so far as he has knowledge thereof. Such
430 LAWS OF IOWA.
tribunal shall thereupon issue a warrant directed to
the sheriff or any constable of the county, or the
city marshal, commanding him to take sufficient
aid, and, being accompanied by two or more mem-
bers of said Board tf Health, between the hours of
sunrise and sunset, repair to the place where such.
nuisance, source of filth, or cause of sickness may
be, and the same destroy, remove, or prevent un-
der the direction of such members of the Board of
Health.
isolation or SEC. 15. When any person coming from abroad
Persons hat-
ing conttt-
gious dls- or residing within such city shall be infected, or
eases.
lately shall have been infected, with small -pox or
other sickness dangerous_to the public health, the
Board of Health shall make provision in the man-
ner by them deemed best for the safety of the in-
habitants, by removing such sick or infected per-
son to a separate house, if it can be done without
damage to his health, and by providing nurses and -
other assistance and supplies, which shall be
charged to the person himself, his parents or other
person liable for his support, if able; otherwise at
the expense of the county to which he belongs.
SEC. i6, If any afflicted person cannot be re-
moved without danger to his health, the Board of
Health shall make provision for him, as directed in
the preceding section, in the house in which he
may be, and in such case they inay cause the per-
sons in the neighborhood to be removed, and take
such other means as may he deemed necessary for
the safety of the inhabitants.
liemotal oY y Sue. Any justice of the peace or tribunal
such persons,
etc. having jurisdiction to enforce the ordinance of such
city, on application under oath, showing cause
Saute.
LAWS OF IOWA. 431
therefor, by any member of said Board of Health,
shall issue his warrant directed to the sheriff or
constable of the connty, or city marshal, command-
ing him, under the direction of the Board of
Health, to remove any person 'infected with con-
tagious disease, or to take possession of condemned
houses and lodgings, and to provide nurses and at-
tendants and other necessaries for the care, safety
' and relief of the sick.
SEC. 18. Every such Board of Health shall meet Meetings.
for the. transaction of business on the first Monday
of May and the first Monday of October in each
year and at such other times as occasion inay re-
quire, and the clerk of said hoard shall transmit
his annual report to the secretary of the (state)
board within two weeks after the October meeting.
Said report shall embrace a history of any epidem-
ic disease which inay have prevailed within his
district. The failure of the clerk. to prepare, or
have prepared, and forward, such report shall be
considered a misdemeanor, for which he shall be PenaltyeLo>• o "
failurrc-
-subject to a fine of not more than twenty-five ($25) port.
dollars.
• SEc. 19. This act shall not in any way limit the
powers of the cities embraced therein, in relation
tomatters affecting the public health; and the city
councils of said cities may by ordinance provide l tiesenot it
for the manner of the exercise"of the powers herein fected.
conferred by said Boards of Health; and said city
councils may at- all times require said Boards of hcnove u n es i l to
super -
Health to report to them their doings, and may su- "let°°'
pervise, modify, or rescind their actions, orders,
rules or regulations.
Approved March 25, 1882.
432 LAWS OF IOWA.
ACTS OF
TWENTIETH GENERAL ASSEMBLY.
CHAPTER CLI.
RELATING TO PARKS.
S.F.tie. AN ACT relating to Parks in cities and towns and
to authorize the election of Commissioners, and
levy of special tax therefor. [Additional . to
Code, chapter io, title 4.]
Be it enacted by the General Assembly of the State of Iowa:
Cities acting
ting SECTION I. That cities acting under special char -
under s ecial
charters and
incorporated ters and cities and incorporated towns may provide
towns may
park commis-e loot three by ordinance for the election of three Park Commis-
sionere. sioners, and the terms thereof shall be three, four,
and five years, respectively, and their successors
shall be elected for the full term of five years, and
such Park Commissioners shall reside in such city
or town.
Park commis- SEC. 2. Said Park Commissioners shall have ex-
sioners have
ecourolr.sive elusive control of such parks and shall mauage,im-
prove, and supervise the same.
Questions of SEC 3. The councils of such cities and incorpor-
taxation for •
purchase
ground sub -of
ated towns may by resolution submit to the quali-
H tted to the
people. fled electors of such city or town, at a regular or
special election, the question whether there shall
be levied upon the assessed property thereof a tax
not exceeding two mills on the dollar, for the pur- _
pose of purchasing real estate for parks and the itn-
proveinent of parks, or for either or both of said
purposes.
Council shall SEc. 4. Said councils shall, in the resolution
specify rate
of taxation.
ordering such election, specify the rate of taxation
LAWS OF IOWA.
proposed and the number of years the same shall
be levied, and if a majority of the votes cast at such
election shall be • in favor of such taxation, said
council shall levy the tax so authorized, which frwihen au-
shall be collected and paid over to the treasurer of thorized.
such city as other taxes thereof are collected, which
shall be known as "park fund," and shall be paid
on the order of the commissioners, and to he ex-
pended for the purposes herein provided and for no
other purpose whatever.
SEc. 5. Said commissioners may use said fund for purchase
used
fo„r
for improving such parks or for purchasing addi- ?tin.
ppictrit r.
ments.
tional grounds or laying out and improving aven-
ues thereto, and do all things necessary to preserve
such parks, and they may appoint one or more park
policemen and pay such police force out of said
fund;'Isaid commissioners shall keep a full account oc,g t►aiigte n
of their disbursements, and all orders drawn on :AV a e -
said fund shall be signed by at least two of said
commissioners.
433
Paid on order
o f commis-
sioners.
SEC. 6. Said commissioners shall each give a cnmmission-
ers shall gi�•e
bond to the use of such city in the penal sum of apndov c he
five thousand dollars, before they shall be permitted
to enter upon such duty, which bonds shall be ap-
proved by the auditor, recorder, or clerk of such
cily or town, and by him retained in his office.
SEC. 7. That it shall be deemed a misdemeanor Cuttsdeming, ete.eun,
a mi-
for any person to cut, break or deface any tree or °r'
shrub growing in any such park or parks, or av-
enues thereto, except by authority of such commis-
sioners.
Approved April 5, ISM.
•
•
.434
LAWS OF IOWA.
• CHAPTER CLIV.
CONSTRUCTION Or SEWERS.
•
S. F. 73. AN AcT to amend chapter 54, of the Sixteenth
General Assembly, relating to the Construction
of Sewers.
Be it Enacted by the General Assembly of the Mate of Iowa:
Sec. 7, chap. 54 SECTION I. That section seven (7), of chapter
c 18th G. A., re-
pealed. 54, of the Sixteenth General Assembly, of the
State of Iowa, approved March 8th, 1876, be and
the same is hereby repealed.
Approved .April 5, 1884.
•
S. F. 296.
CHAPTER CLVIII.
RELATING TO EXTENSION OF CITY LIMITS.
AN ACT to amend section 4, chapter 47, of the
Acts of the Sixteenth General Assembly, relating
to extension of city limits.
Be it enacted by the General Assembly of the State of Iowa :
S7 c, ,oh Sea SECTION I. That section 4 of said chapter be,
by making
Setapphoable and the same is hereby amended by striking out
to cities act-
inciauder
lchar- the following words: "Provided, That the provis-
ters. ions of this act shall not apply to cities organized
under special charter," and inserting in lien there-
of the following: "The provisions of this chapter
shall apply to cities organized' and acting under
special charters."
LAWS OF IOWA - 435
ACTS OF
TWENTY-FIRST GENERAL ASSEMBLY.
CHAPTER XIII.
TO ENABLE CITIES TO AID IN THE CONSTRUCTION OF HIGH-
WAY BRIDGES OVER NAVIGABLE BOUNDARY RIVERS OF IOWA.
AN ACT to enable cities to aid in the constructions. F. 253•
of Highway Bridges over Navigable Boundary
Rivers of the State of Iowa.
Be it enacted by the General Assembly of the State of Iowa:
SECTIoN 1. That taxes not to exceed five per., maperybeed ot. tvotam
centum on the assessed value of any incorporated o oi:ies or
over u,O110 in-
o
city having over five thousand inhabitants may be habitants bridges.
voted to construct or aid any companny which is or
may be incorporated under the laws of the State of
Iowa, in the construction of a highway bridge,com-
mencing or terminating in such city, across any
navigable boundary river of the State of Iowa.
SEC. 2. Whenever a petition shall be presented Petition.
to the council of any incorporated city, containing
the population herein provided, signed by a ma-
jority of the resident freehold taxpayers of said city,
asking that the question of construction or aiding be subni tte i
any company incorporated under the laws of the to the oters.
State of Iowa, in the construction of a bridge over
such river, be submitted to the voters thereof, it
shall be the duty of the council of such incorporated
city to immediately give notice of a special election, Notice.
by publication in some newspaper published in
• such city; and also by posting copies of such notice
in five public places in such incorporated city, at
least ten days before such election, which notice What it shall
contain.
f.sha11 specify the time and place of holding such
election, and in case of a petition to vote aid to such
incorporated company, the name of the company
436 LAWS OF IOWA.
proposed to be, rate per centunl of tax thus voted,
the years during which the same is to be collected,
Resultcertifiof eleced -the amount to be collected each year, and
tion
to County du-
` aitor and Re -provided aid is voted to such incorporated coin -
corded with
County Recer-pany, the name or designation of such cotn-
der.
pany, and the terms and conditions upon
which the same when collected is to be paid to
such company, together with an exact copy of the
notice under which such election was held, which
the county auditor shall at once cause to be re-
corded in the office of the recorder of deeds of the
county. When such certificate shall have been re-
corded the Board of Supervisors of the county
Levy to tc pny be shall, vat the time of the levying the ordinary taxes,
made'
taxe. levy each year on the' taxable property of such in-
corporated city such taxes as are voted under the
provisions of this act, as shown by said certificate,
and cause the same to be placed on the tax lists of
said incorporated city. Said taxes shall be collect-
ed in the same manner, and subject to the• same
laws after they are collected or collectable, as other
taxes: in conformity with the terms and conditions
of the aided, minimum rate per centum of the tax
to be levied, the amount which the Board of Su-
pervisors are instructed and authorized to cause to
be collected each year, and in case of proposed aid
to such company, said notice to also state the
amount of work required to be done ou such bridge,
and any other condition which shall be performed
before said tax, or any part thereof, shall become
due, collectable ,or payable, until the conditions
are complied. with by such company; such notice
may also contain terms and conditions to be per-
formed by such company receiving such aid, after
the completion of such bridge, which terms and
conditions shall become obligatory and binding
LAWS OF IOWA. 437
upon such company ond its successors and assigns.
At such election the question of taxation shall be
'submitted to the electors of such incorporated city,
and. the form of the ballots shall be: "For taxa-
tion and "Against taxation," and if a majority of
the votes polled be "For taxation," then the clerk
of such city shall forthwith certify to the county
auditor of the county in which such city is situated,
the result of said election, the maximum notice
submitting the question of taxation to said electors.
• SEc. 3. The monies (moneys) collected under How paid out
the provisions of this act, shall be paid out by the
county treasurer to the treasurer of such company
• • to whom such aid is voted for the purpose of such
highway bridge, • or the treasurer of such incorpo-
rated;city, upon the order of the president or a ma-
jority of the directors of such company or the or-
• der of the council of such incorporated city, at any
time after such council, or a majority of its mem-
bers, shall have certified to the county treasurer
`that the conditions required as set forth in the no-
tice for the special election at which the tax was Cen n c i l t
certify when
voted have been complied with, and said council are comps ed
with.
-or a majority of its members shall make such certifi-
cate whenever such conditions shall have been so
performed.
- SEc. 4. Should taxes levied under the provi- n one geared
sions of this act remain in the county treasury more
than one year after the same shall have been col-
lected, the right to them shall be considered for-
- - feited, and the same shall be refunded to the tax-
payers, and the Board of Supervisors shall cause
the salve to be cancelled, and stricken from the tax
books of the county, which cancellation shall re-
move all liens created by the levy of said taxes.
Approved Feb. 26, 1886.
The above act, by chapter 98, of the acts of the Twenty-first General Assembly, is
made applicable to cities acting under special charter.
438
LAWS OF IOWA.
CHAPTER XCIII.
GRANTING POWERS TO CITIES UNDER SPECIAL CHARTERS.
H. P.48.7. AN ACT to grant additional authority to cities or-
ganized under special charters, and to make cer-
tain provisions of law applicable thereto.
Be it enacted by the Genici'al Assembly of the &ate of Iowa :
4:ode. Secs. 'SECTION I. That sections 454 to 463 inclusive,
454 to403,and
of ap. s; and
and section 372o of the Code of Iowa, 1873, and all
omadethtco ',- the provisions of chapter 89 of the Nineteenth
ply to pities
c°iIn tiesgecial General Assembly, are hereby made applicable to
the cities acting under special charters the salve as
if such cities were therein specially enumerated.
Sec. one does SEc. 2. That nothing in section one of this
not repeal any
existing law. act shall be construed or considered .as repealing
any law now in existence, granting authority to
any cities incorporated under special charters,
but wherever authority on any of the subjects men-
tioned in foregoing. laws is now in existence, the
provisions of said section shall be deemed merely
ctunulative thereto.
1•;lec t i o n .of SEc. 3. All cities organized under special char -
mayor Sc elty
marshal u a-
thorized, ters are hereby authorized to provide by ordinance
for the election of mayor and city marshal, for
such terms as 41ie City Council inay. deem expe-
dient.
Provided, That no such term -of office shall ex-
ceed two years.
May regulate Sue. 4. That cities organized under special
certain acts
for public
good, charters are hereby authorized to prohibit, or regu-
late the piling or depositing of any kind of wood,
lumber, or timber upon any lot or property with-
in the city limits within a distance of one hundred
yards of any dwelling house.
Term not to
exceed .3 yrs.
LAWS OF IOWA. 439
SEc. fi. Cities organized under special charters May provide:
uy ordinance
are hereby authorized to provide by ordinance for i cat tv ub-
the repair .of any building which is dangerous, or
which may be liable to fall, and to levy and collect
a special tax against the property and owner there-
of for the expense thereof as other special taxes are
levied and collected.
Approved April 8th, 188li.
•
CHAPTER CL,XXIII.
RELATING TO POWERS OP' CITIES AND TOWNS.
AN 'ACT to repeal section one,chapter five, of the s. F. 281..
acts of the Fifteenth General Assembly, empower-
. ing cities and towns to make contracts with rail-
road andbridge companies for the use of wagon
bridge across the rivers, and to enact a substitute
therefor.
Be it enacted by the General Assembly of the &ate of Iowa:
SECTION i. That section one of chapter five, saris apes
of the acts of the Fifteenth General Assembly, berepealed.
and the same is hereby repealed, and the following -
enacted in lieu thereof:
SEc. 2. _That all cities situated on any river in ocitles iodated
on any river
hra
the State of Iowa, or any river forming the boon- psowallertohwaovn-
e
tct ith
dary line of the said State, whether organized and bridge com-
paniesforuse
existing under special charter or general law, and of bridge'
from. which to the opposite shore of any of said riv-
ers a bridge has been or may be constructed by any
railroad or other private company, corporation or
person, shall have power to contract with the com-
pany, corporation or person owning such bridge,
for the use of the salve as .a public highway,which
use may be jointly with any company, corporation
or person having or desiring the right to use the
440 . LAWS OF IOWA.
same for the passage of cars propelled by steam or
otherwise, or may be for the sole use of such por-
tion of such bridge as inay be devoted and adapted
to highway travel, and in such contract may have
Liability the right to assume the sole or any portion of the
Iiability for damage to persons or property by rea-
son of their being on any portion of said bridge, or
on any approach to either end thereof; caused by
the running of cars or locomotives by any corpora-
tion, company or person entitled to use the said
bridge, whether the damage results from the negli-
gence of the persons engaged in running said cars
or locomotives or otherwise, and to indemnify and
save harmless the owners of said bridge, and any or
all corporations, companies or persons entitled to
use the same, from all liability or damage so caused
to the extent or proportion thereof assumed in said
contract. And the said city may cause to be as-
sessed and levied, each year, upon the taxable
ryoutthepro_
vi si o n s o r property of said city a tax not exceeding ten (io)
such contract.
mills 011 the dollar, each year, to raise a special
fund to carry out the terms of said contract. And
the said city may thereafter and during the con-
- tinuance of said contract manage and control the
said bridge so far as necessary to regulate the high-
Regulation ofway travel thereon, and may regulate the same as
bridges. g
a free or toll bridge, and prescribe such rates of
toll as to it, from time to time, shall seem proper,
and make all necessary police regulations for the
government of the highway travel on said bridge.
Approved April 18, 1886.
LAWS OF IOWA. 441
CHAPTER CI,XI.
REGISTRATION OP VOTERS IN CI'I`IES.
AN ACT to provide for ascertaining the citizens 8•1'.129.
who shall be entitled to vote in all incorporated
cities; to repeal section 618 of the Code; and to
repeal Chapter 2, Title 5, of the Code.
Be it Enacted by the General Assembly of the State of Iowa:
SECTION r. Chapter 2, title 5, of the Code, is title cofle.
hereby repealed, and the following sections of this 'e"eared.
act enacted in lieu thereof:
SEC. 2. Por all purposes of elections known toeities shall
haveeaclus-
ive jnrisdic-
the laws of the State of Iowa, after July 4, 1886, notion in all
elections at -
city of -the State shall have attached to its jurisdic- ter July 4th,
1886.
tion,for the purpose of voting at such elections,any
part of a township or territory outsiFle of the corpo-
rate boundaries of such city, and the voting precincts Presevot-
ing pront cincts
in such city for all elections now provided by law, same bonder
this act.
whether township, city, county, state, national or
special election, shall be the wards of such city; or
if a ward or wards are divided into voting precincts
in any city, then for such city or cities such divi-
sions shall be the voting precincts, and all territory
of a township or townships in which such city may oT'eutsidr r e i t cio y
ties
be situated, and outside of the corporate limits of aoill n o
cincts.
such city, shall be divided into one or inore voting
precincts for all election purposes, as may be deter-
mined by the Board of Supervisors, as now provided
by law. All acts or parts of acts that might seem eung leoniliawet-
� is
-
to be in conflict with this section of this actfomariodeto hrrecan
-
with .
are hereby changed to the extent of being made to
conform herewith.
442 LAWS OF IOWA,
council shall SEC. 3. In all incorporated cities of this state appoint two ,
registers for
each election the City Council shall, on or before the sixth Mon -
precinct;
how selected day next preceding the general election in Novem-
ber of each year, appoint one suitable person from
each of the two opposing political parties which
cast the greatest number of votes at the then next
•
general preceding election, from three names handed.
in by the chairman of the city central political
committee of each of such parties, to be registers
for such election precinct, in such cities, for the re-
gistration of votes therein; said registers shall be
o reg gie Selectors of the election precincts in which they shall
act; shall be temperate, of good habits; and of good
reputation and character, and of generally recog-
nized clerical ability, and able to speak the Eng-
lish language understandingly; shall hold their of -
term of_offi- fices for one year, and shall take an oath or affirm-•
s.
ation to discharge their duties according to law.
If for any cause such registers, or any of them, shall
not be appointed at or before the time • above men-
tioned, or if appointed shall be unable for any '
cause to discharge the duties of such office, the
Mayor of such city shall forthwith, on similar re-
commendation as above provided, make such ap-
pointments, and shall also fill all vacancies,and
persons so appointed by the Mayor shall have the
bowflllea. same qualifications, shall hold their offices for the
same time, and shall be subject to the same duties,
as if appointed by the City Council; except that all
appointments in cases of vacancies shall be for the
unexpired terms of office.
Failure of Mar- Should the Mayor, upon the request of five free -
or to appoint.
hold electors, fail for a period of three days to per-
form the duties aforesaid, he shall forfeit and pay',
at the suit of any such electors, to be prosecuted in
V a c a ncies,
LAWS OF IOWA 443
any court of competent jurisdiction, the sum of one Penalty
hundred dollars per day,for the equal benefit of the
city and suitor.
SEC. 4. The place for the registration of votes s ration
in and for every election precinct, in the cities
mentioned in the last preceding section, shall be
the usual place of holding elections therein. The
registers shall be in attendance of their respective its b II at.
places of registration on the third Tuesday next wi,ei.anee,
preceding every general election for city, township,
county, state or national officers, or special elec-
• tions, from 8 o'clock A. M. till 9 o'clock P. M.,
• for the purpose of registering voters and if necess-
ary to give all making application an opportunity
to register; they shall continue in attendance there-
at, between the hours aforesaid, for five days, and
shall personally supervise all registration. Said v secular:
registers shall be in constant attendance during the ton.
hours allotted for the discharge of their duties.
SEC. $. Any person to be entitled to vote at any Reentitle elto quisites ec-
of the elections mentioned in the preceding sec-
tions, shall appear before the registers of the elec-
tion precinct where he is entitled to vote, at the
time and placedesignated desi nated for registration of voters, snand ail appear
register
and make and subscribe a statement, under oath, in bonrdh ti' °
a suitable registration book, to be provided for the
purpose by the city clerk and furnished to the reg-
isters at the equal expense of the city and county,
and by them keep open for public inspection and
examination during the time fixed for the registra-
tion, which statement shall contain the following
in the following form:
444
LAWS OF IOWA.
REGISTER OF VOTERS........ Precinct Ward.
Residence.
v
Nativity. I�
4.1
By act of Congress!'
Qualified voter. 11
Date of applicat'n
Last preceding •
place of resid'ce.
Signature.
Precinct,
street, no.
County.
State.
Naturalized.
Date of
papers.
El
0
z
z
U•
Form of oath. The signature of the applicant shall be made at
the right hand end of the line under the column
"signature," one of the registers having first ad-
ministered to him this form of oath: "You do
solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to
you.touching your place of residence, name, place
of birth, your qualifications as an elector, and your
right, as such, to register and vote under the laws
of this state." After which the registers, or either
• of them, shall propound questions to the applicant
Questionswered a to for registration in relation to his name; his then
be ans
by electors. place of residence, street and number; how. long he
has resided in the precinct where the vote is of-
fered; what was the last place of his residence be-
fore he came into that precinct, and also as to his.
citizenship, and whether a native or naturalized
citizen, and, if the latter, when, where and in
what court, or before what officer he was natural-
ized, or whether by act of congress; whether he
LAWS OF IOWA. 445
came into the precinct for the purpose of voting at
that election; how long he contemplates residing in
the precinct; and all such other questions as may
tend to test his qualifications as a resident of the
precinct, citizenship and right to vote at the poll;
then, if the applicant appears to have the right to
be registered, the registers shall fill out the above
prescribed form of statement, whereupon the appli-
cant shall sign as aforesaid, and thus his statement atatementb
for registration shall be complete under oath.
SEc. 6. Such statements shall be dated and statements
dated and
_numbered consecutively, beginning with number n1uee e;heei
one each time for registration aforesaid. No per -register at
beach days utone pl'ce;re-
son shall register at any other place than as above k gt c.`mpi'te
designated, or at anyother time, except as herein -toe pleted r tern
after provided. At the close of each day's regi_ lty clerk.
stration the register shall be ruled off to prevent
fraudulent entries, and after the completion of the
final registration and the certified copy provided for
in section 8 hereof, the registers shall forthwith re-
turn the registration to the city clerk, who shall
•keep the same at all times open to public inspection.
SEC. 7. The registers shall, within three days vali�ple page
after the registration aforesaid has been made, pre- st Forthiear
pare an alphabetical list for their respective voting precvotera luota ro g
all
'stored: what
precincts, of the names of all persons so registered; i i $hau con -
their residences; their last preceding places of resi-
dence, and the dates of removal when removals oc-
cur within one year; their nativity; their color;
their term of residence in precinct, county and state;
whether naturalized,date of paper; the naturalizing
court, or place of naturalization if court is not
known; whether naturalized by act of Congress;
and date of application for registration; which listListposted up
for inspection.
446 LAWS OF IOWA.
they shall forthwith post or cause to be posted up
conspiciously at the usual place of holding elec-
tions at such precinct, for inspection of the public.•
Registers Sig
c. 8. The registers shall be in attendance
shall attend
the creek pre-
ceding elec. again at their respective places for the registration
tion for revis-
ing the list. of voters on the Wednesday of the week preceding
the day of each election in the State, provided by
law for township, city, county, State, national or
special elections, for the purpose of revising or cor-
recting the lists aforesaid, and for this purpose they
shall meet a 9 o'clock A. M. , and remain in session
until 8 o'clock P. M., of that day; and they shall
there revise, correct, add to and strike from, and
complete the said lists, and shall on that day re-
ceive and add to the said lists the names of any
persons who would on said election days be en-
titled, under the provisions of the constitution and
laws of this state, to exercise the right of suffrage in
their election precincts. Upon the revision and
completion of each of said lists, the registers shall
opy of'coin make a copy thereof, which, duly certified by the
Mete list. registers, with the proper number and date of reg-
istry in each case added, the registers shall deliver
Deliver
tion it
or cause to be delivered to the judges of election of
ges. the proper precinct on every such election day, be-
fore the opening of the polls. The judges of elec-
tion shall carefully preserve the said lists for their
rl° .rote shall use on election day; no vote shall be received at
be received
g unless on st.eany election aforesaid unless the name of the per-
son offering the vote be on such registry made and
completed as before provided, preceding the elec-
tion; a person whose name is on the registry may
be challenged, and the same oath shall be put, and
the same proceedings had as are prescribed by law
for all such cases. This section shall be taken and
Time of
meeting.
LAWS OF IOWA. 447
clerks, at the opening of the polls, to check the
name of every voter in such precinct whose name
is on the registry. Any vote which shall be re-
ceived by the judges of election in contravention of
any provisions of this act shall be void, and shall yot ol°i �t;o
be rejected from the count in any legislative or a is act
dicial proceeding wherein any result of the election
is. involved. The judges of election shall deliver
the lists aforesaid to the official as by law provided NListsith eleret.nrn•dction
to whom they shall deliver the returns of the elec- returns.
'tions. The registers under their, duties aforesaid
shall register every male applicant who would be
twenty-one years of age on the day of the next g trer 1 e ants
undage
election, if otherwise qualified; and every applicant e�°,`° register -
who has commenced to reside in such precinct, at
least the legal time before such election now re-
quired by law, down to the date of the election, in
order to be a legal voter in such precinct,according
to the character of the election about to take place,
shall be entered in such registry, but unless, on
the day of election, he shall have resided for the
legal time in such election precinct, he cannot
vote therein, although otherwise qualified.
SEC. 9. The proceedings of said registers shall r='oceedinggs
open; right
be open, and all persons entitled to vote in said t° be heard.
precinct shall have the right to be heard by said
registers in reference to corrections or additions to
said lists. No name shall be placed upon any such
lists of the name of persons, nor shall any name be
added thereto, except of one who shall have ap-
peared in person before said registers, and shall A p p.1 ication
t o egister
have furnished, upon demand,- and to the satisfac- on a.. be per -
held by every judicial and other tribunal as manda-
tory, and not as directory. The judges of election Ma.dges shudatory.
Juall
shall designate one of their number, or one of the nam s.o
Penalty.
For willful
neglect.
False state-
ments.
448
Proviso:
In sickness.
Itogistors
may visit
elector for
registration.
LAWS OF IOWA.
tion of the registers, the same proofs of his right
to register, as may by law be required by judges of
election of any person desiring to vote: Provided{
That if an elector is, on account of sickness which
confines him to his residence in his precinct, un-
able to go the registers on any day they shall be in
session, it shall be the duty of the registers, on the
affidavit made before them of a registered elector,
to visit such sick elector at his place of residence
iu the precinct, and place the name of such sick
person on the registration list if he be found enti-
tled to be registered; such visits by the registers for
the registration of such invalids shall be at no time
during any registration day except between the
hours of 7 a. m. and 8 a. m., or between _ 9 p. m.
.and ro p.in. Any one of the registers,on the points
hereinbefore provided, may at any time administer
an oath or affirmation to any applicant, that he
shall true answers make to all questions put to him
touching his qualifications as an elector.
Fa�ilureofreg- Szc. Io. That if any register shall fail to per-
ister iu pis du-
ty' form any duty in any of the preceding sections of
this act prescribed, he shall be liable to a penalty
of one hundred dollars,to be recovered on the com-
plaint of any person, before any court of competent
jurisdiction; and if any register or judge of elec-
tion %hall willfully neglect or disregard any duty
imposed in any of said sections, or make or permit
to be made any registration, statement or list, ex-
cept at the time and place and in the manner in
said sections prescribed, or shall knowingly make
or permit to be made any false statement, as afore-
said; or if any person shall willfully make or au-
thorize to be made any statement in said section re-
quired, false in any particular, or shall violate any
cities,it shall be unlawful for persons to congregate
or loiter within one hundred feet of the voting
place, or to hinder or delay in any manner any
elector in reaching or leaving the place fixed for
LAWS OF IOWA.
449
provisions thereof, every such register or judge of
election, and every such person or persons, shall be
deemed guilty of a misdemeanor, and, on conviction}iisdemeanor.
thereof, shall be fined in a sum not less than fifty,
nor more than two hundred dollars, or be impris-
oned in the county jail not less than twenty days,
nor more than six months, or both, at the discretion
of the court.
SEC. Ir. Registers shall be allowed for the ser-Cot"=a,,t. on
s of registers.
vices rendered under the preceding sections such
compensation per diem as is allowed by law to
judges of election, one half at the expense of the
county, and the other half at the expense of the
city.
Penalty.
SEc. 12. The times -and Pl
places of making re i-acand
a g time ofe regi-
strations of voters shall he published by the Mayor iisned n p"l"
in the two leading political party, daily newspapers
published in every such city, for a period of three
days prior to the opening of the registry .book, or if
there are no daily papers of the two leading politic-
al parties published in said city, then the notice
shall be published one week before the date for the
opening of the registry book, in .the weekly paper
of each of such political parties, inviting the voters
to present themselves for registration at their re-
spective precincts within the proper time, under
the risk of being debarred the privilege of voting
at such election.
How pup -
lisped.
SEC. 13. That during the receiving and count- Dur
ceivii"gng andtee-
n
ng
ing of the ballots in any voting precincts of such vcootesu; ptriovni-
sions for.
450
LAWS OF IOWA.
casting his ballot. It shall be unlawful for any
person within said distance of one hundred feet;►to
give or offer to give any ticket or ballot to any one
not a judge of election, or to fold or unfold or dis-
play any ballot which he intends to cast, .so as to
reveal its _contents, or to solicit the vote of any
elector, or attempt in any way to influence him in
eleironshal the hatter of casting his vote. The judges of elec-
enforce this
section. tion shall, so far as practicable, prevent any viola-
. tion of this section, by leaving printed copies of
this section conspicuously posted within one hun-
dred feet of the voting place and in other ways, ante
they and each of them shall order the arrest of any
Arrest of vio-person of violating any of its provisions or-
lations. guilty>
guilty of any breach of the peace or disorderly con-
duct; and all special policemen and all other per-
sons are authorized and required to obey the lawful
orders and commands of said judges of elections
given to prevent violations of this section. But
orders for the arrest of such persons shall not pre-
vent them from properly casting their votes. The
City Council is authorized and required to. detail
and employ on the nomination of the principal po-
litical committee of each political party recognized
as the two leading parties, from citizens or the -po-
lice force of the city, from two to four special .-po-
-chSosen ecial pfoliceromlicemen for each precinct, and duly empower them
each party. for the special occasion of each election, who `shall
be men of good character and reputation, in equal
numbers from each of the leading political parties,
to prevent the violation of any of the terms, provi-
sions or requirements of this section, or of any or-
der or command made in pursuance of any provi-
sion hereof; and any person violating or attempting
to violate any of such terms, provisions, require-
ments, orders, or commands, shall be deemed guilty
Policemen.
0
LAWS OF IOWA 451
of a misdemeanor, and shall,upon conviction there -Misdemeanor
of, be punished as provided in the last penal clause
of section ro of this act, and no other peace officer
for preserving order shall exercise his authority ercisat who e authm�-
shall ex -
or near such voting places than those above named, its.
'unles called in by an unexpected dire emergency:
Provided, That nothing in this section shall be con-
strued to prohibit the presence at the polls of any
persons who are authorized by law to perform or
charged likewise with the performance of official.
duties at the election, or of any persons not exceed-
ing three from each political party having candi-
dates to be voted for at such elections, to act as
challenging committees, who are duly appointed
and accredited by the principal committee of such
political parties or organizations, respectively, or of
persons not exceeding three from each such politic-
al parties, appointed and accredited in the same
manner as before prescribed, for challenging com-
mittees to witness the counting of ballots.
SEQ. 14. Votingprecincts made upof the town- Freehiets in
4 townships
ships outside of the city limits of the city which is city hats.°f
situated in such township or townships may, if pre-
ferred for- the convenience of the voters therein, paihnghpiaee
have their polling places for all election purposes or other; oxn
in city.
at some room or rooms in the court house or other Code, seated.
618, repealed.
buildings within the corporate limits of such city,
as the Board of Supervisors may provide. Section
618,chapter.3, title of the.Code, is hereby repealed.
Approved April 12,1886.
Proviso.
Challenging
committee.
Three from
each party.
452 LAWS OF IOWA.
CHAPTER CI,XXI.
PAID FIRE DEPARTMENTS IN CITIES UNDER SPECIAL CHAt-
TERS.
S. F. 3E4.
AN ACT authorizing cities under special charter
to levy a special tax for the maintenance of . a
paid fire department.
Be it enacted by the UenePal ;Assembly of the State of Iowa :
speciallcharl SECTION I. All cities acting under special char-
terslltauthoriz-
ed ter are hereby authorized by law, to levy and
to maintain a
mrodepart- cause to be collected a special tax on the taxable
property of such cities, 'sufficient to pay the expense
of organizing, keeping and maintaining a paid fire
department, including the expenses of constructing,
purchasing, leasing and maintaining the proper and
necessary buildings, grounds and apparatus there -
Proviso. for: Provided, however, that .said tax shall. not
exceed the sum of two (2) mills on the dollar in any
one year.
Approved April 81, 1888.
CITY COUNCIL OF DUBUOUE.
RULES OFF 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 Monday of each month, at 9 o'clock A. M., except the
month in which a general city election is held for aldermen
and city officers, when the regular meeting for such month
shall be held on the following Thursday.
RULE 3. Special meetings of the Council may be called
at any time by the Mayor, or in his absence by the president
fire 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 president
pro tem., to call a special meeting of the Council at any
time, upon the request of five members thereof.
RULE q.. 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 busi-
454 RULES OF ORDER.
ness, but a minority may adjourn from day to day, and com-
pel the attendance of absent members, by a fine of not to
exceed ten dollars for each and every such offence.
RULE 6. At the hour of meeting, the members shall be
called to order by the Mayor or president pro tezzz.,or in their
absence, by the Recorder, who shall proceed to call the roll,
note the absentees, and announce whether a quorum be pre-
sent. If made necessary by the absence of the Mayor and
president pro tent., the members present may elect one of
their number president for the occasion. Upon the appear-
ance of a quorum, and being duly organized, the Council
shall proceed to the business before them, which shall be
conducted in the order following:
1st. Reading the minutes of the last meeting —amend-
ment and approval of the same.
2c1. Presentation of bills.
3d. Presentation of petitions and communications.
4th. Reports of officers.
5th. Reports of standing committees.
6th. Reports of select committees.
7th. Unfinished business of preceding meetings.
8th. Motions, resolutions and notices.
RuLE 7. The Mayor shall preserve order and decorum,and
shall decide questions of order, subject to an appeal to the
Council.
RULE 8. While the Mayor is putting the question, no
member shall walk across or out of the Council room.
Ruiz 9. No member shall leave the sittings of the Coun-
cil without leave of the president.
RULE Io. Every member, when desirous of speaking,
shall rise from his seat, address himself to the Mayor, and say
"Mr. President,"but s11111 not proceed with his remarks un-
til recognized and named by the chair.
RULES OF ORDER. 455
RULE II. 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 appeal from the decision of the chair, the Council
shall decide on the case without debate.
RuLE 15. All motions and resolutions shall be reduced to
writing, if required by the president 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 inay call for
a division, and the question shall then be decided by the
members rising in their places. The ayes and noes inay 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 contain several dis-
tinct propositions,any member may have the same divided.
RuLE 19. When a blank is to be filled, and different sums
and terms are proposed, the question shall first be put upon
the largest stun and longest time.
456 RULES OF ORDER.
RULE 2o. Motions on the subject under consideration
shall have precedence in the following order:
1st. To lie on the table.
2d. To postpone.
3d. To commit.
4th. 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 he 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 mo-
tion to postpone indefinitely, or to a certain day, shall, until
it is decided, preclude all amendments on the main question.
RULE 23. The "previous question" shall be as follows:
"Shall the main question be now put?"
Rut E 24. A motion to reconsider shall not be entertained,
except on the same day, or at the next succeeding regular
meeting after the day 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 May-
or, or in his absence, by the _ president bro tem. , unless other-
wise directed by the Council.
RULE 26. Standing and select committees shall in all
cases report in writing. All reports of committees shall be ad-
dressed, "To the Mayor and Aldermen," or the "City Coun-
cil" 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:
1st.
2d.
3d.
4th.
5th.
6th.
7th.
8th.
9th.
Toth.
11th.
12t11.
RULES OF ORDER. 457
On finance.
On ordinances.
On claims.
On streets.
On harbors.
On markets.
On.public grounds and buildings.
On printing.
On fire department.
On police and gas.
On delinquent tax.
On sewers.
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.
RULE 29. All ordinances or by-laws of a general or per-
manent nature shall be fully and distinctly read at two regu-
lar meetings of the Council, before their final passage. No
ordinance 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 neEt day
after the' reference shall have been made, and the. Marshal
shall deliver the same. The Recorder shall attend all meet-
ings of the Council.
RULE 31. The Marshal shall have charge of the Council
room, shall attend all 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 atten-
dance of absent members, when necessary; punish for disor-
derly conduct; and by a vote of two-thirds of the aldermen
458 RULES OF ORDER.
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
offence.
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 personali-
ties shall be called to order by the chair.
N o . 1.
INDEX TO ORDINANCES.
(See No. for Charter, Laws, Rules of Order, &c.)
ACCOUNTANT OF CITY —(:See Auditor.) SECTION. PAGE.
ADDITIONS TO CITY —Regulating of
ALLEYS Improvement of - (,See Streets, Alleys, ,Sidewalks.)
ANIMALS —Cruelty to ........ ... . . . . .................... 325
Animals not to rnn at large... 1 181
ARRESTED —Property of person 10 32
ARRESTS —Made by Harbor Master 1 41
ASSESSOR —CITY.
Election and qualification of.... 1 41
Assistant Assessors. . .. 1-12 145-9
ASSESSMENT —(See Taxes, assesnaent of).
ASSISTANT ASSESSORS ... , , , , 145
ATTORNEY —CITY.
Duties of 1 36
Report to Council ............. ............ 1 37
Who eligible to 2 37
Prosecute city officers. 4 61
Commence prosecutions . , . 2 193
A UDITOR—CITY.
Countersign orders on'treasury ........................ . 2 33
Is general accountant of city........ 1 34
Keep register of warrants 2 34
Keep account of funds in Treasury.. , . , ...... 3 35
Furnish information to Council 4 85
To see that officers make report. 5 36
Make semi-annual report to Council 5 36
Hours of business 6 36
Attend tax sales... .... 64 137
AUCTIONEERS.
License, $25; bond, $1000 8 a 65
Must have license 8 65
Report and return to Treasurer 8 b 65
Shall not obstruct streets 8 c 66
3111
460 INDEX TO ORDINANCES.
SECTION. PAGE.
AucTION—Impounded animals sold at......... .............
BATHING is Mississippi, punished .. , , „
BIRTHS, DEATHS, BURIALS AND CONTAGEOUS
DISEASES.
Births reported, by whom and to whom 1
Deaths reported, by whom and to whom
Permit first obtained............ 3
Sexton must receive permit unless....... - 4
Transportation of corpse.... 5
Contageous diseases........ 6
Recorder to report 7
Violation punished 8
BILLIARD TABLE, BOWLING ALLEY.
Keeper of shall have license
Amount of license
Minor not to loiter about
BLASTING in city prohibited; unless
BOARD OF HEALTH —HEALTH OF CITY.
Chapter 151, 18th General Assembly
General supervision over city ............... .
To provide a hospital
Physician to report....
Marshal to obey board . .
City Hospital
Health officer.... ........ .............
Duty of health officers.........
Neglect of duty punished
Inspector of boats
Boats forbidden to land...
Ferry boats
Rafts, skiffs, etc
Use of hospital... .
Health officer order vault cleaned
BOAT LANDING .............................. .
BONDS —Official.... ......... .
BOOTH & STOUT —Right of way........ .....way.............................
BOUNDARIES OF WARDS .
BUILDINGS AND WALLS —Dangerous ...
BRIDGES —HIGH BRIDGE.
Fast driving across certain bridges
Right of way to Dunleith and Dupuque Bridge Co
High wagon bridge across Mississippi ..................
High bridge, where built
Approach to high bridge........
City give $25,000 to high bridge....
2
12
12 a
125
1
2
3
4
5
7
8
9
10
11
12
13
14
4
3
182
112
199
199
199
199
200
200
200
2011
68
69
.69
281
174
174
175
176
176
176
176
177
177
177
177
177
178
178
304
42
21-2
261
15
162-9
1 192
247
1 248
2 248
3 249
4 249
io
INDEX TO ORDINANCES. 461
Exempt from taxation
City fix toll ... .
City may own bridge, when
Mayor one of directors .
Company furnish statements....
Mutual contract .... ........ ........................
City superintend construction
Use not diverted ..... ...
Construction commenced
Acceptance
BUTCHERS —License issued by Recorder
CANCELLATION OF TAXE
CANAL STREET —Vacation of....... .
CATTLE restrained from running at large
CALABOOSE —City Prison ....................
CEMETERY —(See Births, Deaths, etc.)
CESS PooLs—uleaning of....... 303
CHARGES —against officers . „ , , , , , , , , U0_2
CHIEF ENGINE ER —(See _Fire Department.)
CHIMNEYS AND FLUES -(Sec Buildings, etc.)
CHANGING names of streets, etc............ 208
CHANGING grades of streets... 74-7
CHARGES for carrying passengers.... ....... 10 c 67
CHARGES for hauling loads ................................. 11 a 68
CITY ATTORNEY —(See Attorney.)
CITY AUDITOR —(Sec Auditor.)
CITY ASSESSOR —(See Assessor.)
CITY COUNCIL—( See Council —City.)
CITY ENGINEER —(See Engineer.)
CITY ELECTIONS —(See Elections.)
CITY MARSHAL —(See Marshal.) '
CITY POLICE —(Sec Police Force.)
CITY RECORDER —(See Recorder.)
CITY TREASURER —(,fee Treasurer —City.)
CITY SCALES —(See Scales public, use of.)
COMMISSIONER ON STREETS —(Sec Street Commissioner.)
COMMISSIONERS —to assess damages 7 76
COMIRTTEE of Council may make Contracts 2 180
COMMITTEE —Finance examine account of Treasurer 1 33
COMMITTEE on sewerage ........ 6 296
CONDUCTORS On street cars 1 233
COOPER & LINEHAN, sewer . 291
COMPENSATION of jurors. 2 179
CONDUCTORS to eave spouts.......... 261-2
CONTAGEOUS DISEASES —(See Births, Deaths, etc.)
SECTION. PAGE.
5 250
6 250
7 250
8 251
9 251
10 252
11 252
12 252
13 252
14 254
8 48
1 149
310
181-3
12 197
•
462 INDEX TO ORDINANCES.
CORNERS_ of lots fixed by Engineer.
CONTRACTS.
Mayor to sign
No money paid on contract, when
Made by committee of Council
Cows and other animals to not run at large. .....
CRUELTY TO A1fluALs—prevention of, etc ..... . ........... .
CRTMES—(See Offences.)
COUNCIL, CITY.
Additions to city approved by
Appeal to from assessments by Assessor
Approve final account of Marshal
Appoint City Engineer
.Appoint policemen
Appoint Inspector of Weights
Appoint Wood Inspector
Appoint City Marshal.... ........... .... .....
Appeal to from Equalization Committee.
Alleys improved by resolution of
Bids received and opened by
Board of Health, Council are
Bids advertised for, for sewer work.
Buildings, frame, may permit in fire district
Council may remove Marshal
Chief Engineer and assistants appointed by...
Contracts made by committee approved by....
Direct street to be opened.
Equalization of tax, committee of.
Fix grades of streets by resolution. .
Fix salaries of officers.......... ..... .................
Fix salary of Council........ ....... . .............. ...
Ferry, rates fixed by.
Fire Department subject to
Filling of lots may order.
Gas, price of, regulated by.
Hydrants, fix number of
Health officer appointed by...
Inspector of Oils, appointed by
Inspector of Wood, appointed by
Inspector of Weights and Measures
Jurors, to fix compensation of
Licenses, revoked by
May appoint Recorder pro tem
Marshal shall attend sessions of ....................... .
May remove Deputy Marshal.
May order lots filled at expense of city...city.................
Make regulations for supply of steam......... ..........
May appoint Sewer Inspector .
Order filling of lots by resolution........................
SECTION. PAGE.
5 39
5 2.5'
3 40
2 180
181-3
32.5
1 309
27 127
8 32
1 38
1 '112
1 44
1 57
1 307
26 127
1 81
4 82
1 174
4 296
3 156
3 308
4 151
2 180
1 77
.25 126
1 74
6 20
2 307
1 217
14 154
1 91
5 213
3 185
7 176
2 284
1 57
1 44
2 179
2 63
12 29
3 31
4 31
2 92
4 283
30 302
1 91
INDEX TO ORDINANCES. 463
SECTION. PAGE.
COUNCIL, CITY —Continued.
Order ferry when to leave
Police appointed by
Regulate trains on D. L. & M. R. R
Salaries of officers fixed by
Sewers constructed by resolution of
Special tax for sewer, to levy .................. ....... .
Special tax for streets, to levy
Steam company, regulated by ............ ...
Street cars, regulated by... ... .
To make deed of city property
To appoint judges of election..........................
To levy tax to pay for filling of lots ............. .....
To control fire apparatus
To appoint Oil Inspector. ............... .
To order construction of sewer..
To appoint Harbor iilaster
To appoint Public Weigher
To fix price of gas, when ...... .
To fix rent of market stalls
To order mineral holes filled up............ ....... . ..
To appoint Weigher
To approve additions...
Water limits fixed by
DANGEROUS BUILDINGS AND WALLS
DAMAGES for opening streets
DAMAGES caused by changing grades
DAMAGES caused by drains
DEAD ANIMALS are nuisance, when
DEATHS —(See Births, Deaths, etc.)
DEBTS of city, settlement of ...
DEEDS, RELEASES AND CONTRACTS...........
DEPUTY MARSHAL.
When and by whom appointed... ....... .
Attend court, when....
DISEASES —(See Birth,', Deaths, etc.)
DIRECTORS in pontoon bridge
DOGS —Keeping and taxation of
DOCTORS —Traveling....
DRAINS —Obstruction of ......................... .........
DRESS to be worn by police
DRAYMEN—(See Wagons, Drays, etc.)
DRESSED HOGS .....
DRIVING ON SIDEWALKS prohibited
DIINLEITH AND DUBUQUE BRIDGE Co. —Granting rights to
EAVE SPOUTS.
Conductors to, how constructed
Marshal notify owners.... ...
Penalty on failure to comply...........
1
1
7
6
2
7
11
4
1
1
3
14
2
1
1
5
2
1
1
1
28
4
7
2
2
217
112
224
20
295
297
85
283
226
179
18
92
154
284
294
41
53
213
46
95
55
309
127
162-9
78
76
288
170
205
179-0
4 31
6 194
8 251
180-1
14 70
288
276
53-4
11 100
247
1 281
2 288
3 282
464
INDEX TO ORDINANCES.
EATING HOUSES —(sr( Lr)(1O pn:rn.)
ELECTIONS —CITY.
Manner of Conducting....
Recorder prepare election register
Council appoint Judges of
Recorder issue certificate of appointment
Vacancy, how and by whom filled
All officers to take oath
None but voter to hold office.
Officers to give bond........ ... .
Sureties on bond..
Recorder custodian of bonds...
Salaries of Officers fixed by council............
Refusal or neglect of duty
ELECTRIC LIGHT Co. —Right of way to
ELEVENTH STREET ELEVATOR —Rights; etc ...... .
ENGINEER, CHIEF —(See Fire Department.)
ENGINEER —CITY.
Council may appoint................
To fix corners of lots., . .
Keep books, plats, surveys, etc
Make plat of proposed improvement .. .
Shall survey and plat streets.... .. .
Shall designate grade of streets
Plans of buildings filed with and approved by.... ....
Contracts to let for sidewalk
Give notice of improvement of streets
Grades, prepare plans and profile of....
Grading, etc., done under direction of
Inspect buildings and report to Council
Record grades in grade book
Survey and plat proposed streets
Separate system of sewerage, duties of
ExHIBITioxs—Must have license
EXEMPT FROM TA XATION—Pontoon bridge
EXEMPT FROM TAYATION—Water Works
EXEMPT FROM LICENSE TAX—Merchauts, etc . ....
EXPRESSMEN, HACK DRIVERS, etc —(Sec Licenses.)
FAST DRIVING —Across bridges ... .
FEES -Of Officers of Court, etc.
FEES --Of Marshal for impounded animals.
FEES —Of Vault Cleaner
FERRIES—Axn REGULATION OF.
Must have license....
Acting without license punished...
Eagle Point Ferry
Dubuque & Dunleith, when to leave
SECTION. PAGE.
8 X8
9 18
1 18
2. 19
3 19
4 19
4 19
5 19
5 19
5 . 20
6 . 20
7 20
315
323
1 38
5 39
6 39
2 33
3 38
4 39
21 169
10 85
2 77
3 75
9 84
4 163
8 76
1 77
294
16 71
5 250
8 189
16 50
1 192
7 195
3 183
9 306
1 169
2 169
221
1 217
INDEX TO ORDINANCES.
. 465
SECTION. PAGE.
F.ER.RIES—AND REGULATION OF—(_'ontimed.
Charges of D. & D. Ferry.... 2 217
Copies of ordinances posted in... ............. ....... 3 217
FINES AND PENALTIES —Paid to City by Marshal 6 31
FINE —Credit on $1.50 per day 14 198
319
1 88
FILLING STREETS --By Knapp, Stout & Co. Company
FINANCE COMMITTEE —Examine Accounts...........
FINES (O1-Te•nces.)
FILLING and raising of lots
. 91-4
FIRE DEPARTMENT —Duties and government of - 180-5
FIRE DISTRICTS —Limits of 155-8
161
FIRES —Prevention of
FIRES—( See Fire Department.)
FOUNTAINS —Use of, etc
FRAME BUILDINGS, prohibited
FRESH MEATS, licenses to sell
GAMBLING HOUSE Keeper of punished
GAMING, RESTRAINING OF.
Punished ......
Keeping room punished...
GAS —LIGHTING CITY --Amendment of 1884.
Grant to Gas Company
Conditions
File notice of acceptance .............
Extending time........
Fixing price by Council, when
Amendment of April 2, 1884
Rights continued
Company bound to furnish gas at price
City may grant others right to lay pipe
Change of surface of street
Deep excavation guarded
Other ordinances ....
GEESE, not to run at large
GRAIN MARKETS —(See Markets.)
GRANT PARK —(See Parks.)
GRADEs—Fixing and changing of
GunmowDER—Keeping of regulated
HACKS —(See Licenses, Livery Stables.)
•Drivers of, wear badges
HARBOR MASTER.
Council to appoint
May make arrest as peace officer
To collect wharfage
Designate boat landing
To remove boat or raft
Rate charged as wharfage .. .
Refusal to pay wharfage
HAY MARKETS —(See. Markets.)
308
2 .156
8 48
24 111
1 173
2- 173
1 • 211
2 212
3 213
4 213
5 213
214
1 214
2 214
3 215
4 215
5 215
6 216
181
74-7
158-9
3 73
1 41
1 41
2 42
3 42
4 42
6 43
7 43
466 INDEX TO ORDINANCES.
HEALTIL—(See Board of Health.)
HEALTH OFFICER —(See Board of Health.)
HIGH BRIDGE —(See Bridges.)
HOGS —Dressed, weighing of
HORSES OR TEAMS.
Should be hitched
Not run at large, .. .
HOSPITAL —(See Board of Health.)
HOTEL KEEPERS —(See. Inn Keepers.)
HOTELS AND BOARDING HOUSES —Runners for
HOUSE OF ILL FAin —Keeper punished
HousE—Drainage Sewer....... .. .
HYDRANTS —Council fix number of
ILL FAnrE—House of
INNKFEPERS---To pay license..
INFLAMMABLE SUBSTANCES—( See Oils.)
INDEBTEDNESS OF CITY —Settlement of.
INSPECTOR OF. BOATS —(See Board of Health.)
INGRAM, KENNEDY & DAY —Right of way
INsFEcToR—Of weights and Measures
INSPECTOR —Of wood
JUDGMENT —HOW satisfied.....
J UI%ORS.
Summoning of
Compensation of....
Assess damages for change in grade...
JURY COMMISSIONERS.
Marshal to summon, when....
May be challenged, by whom. , , , .
Duty to assess damages
KEROSENE OIL —Sale and Inspection of (See Oils).
KNAPP, STOUT & Co. Company —Right of way
LANDJNGS—PuBLIc.
Council appoint Harbormaster
Boats and rafts to land, where
Where landings to be made
Not land without permission
LICENSES.
Who signed by and when issued..
Revoked by Council and subject to ordinances......... .
Not assignable and in force at one place ...
Application for, to whom made
When amount not fixed by ordinance ....
Recorder register and report to Council
Prosecute persons acting without.
Auctioneers, etc
Brokers
SECTION. PAGE.
53-4
1 178
1 181
73
24 111
294
3 185
24 111
1 73,.
205
310
44-5
57-60
2 193
1 179
2 179
7 76
3
3
4
1
2
3
4
1
2
3
4
5
6
7
8
9
78
78
78
319
41
42
43
42
63
63
63
64
64
64
65
65
66
INDEX TO ORDINANCES. 467
SECTION. PAGE.
LICENSES—C'ontinuced.
Livery Stables. 10 67
Wagons, drays, etc........ 11 68
Billiard tables and bowling alleys 12 68
Saloons, public places of resort 13 69
Traveling Physicians 14 70
Peddlers 15 71
Exhibitions 16 . 71
Skating, roller skating 17 72
Innkeepers ........ 1 73
Restaurant, eating house - 1 a 73
Runners for hotels, etc 2 73
Hack and Expressmen 3 73
Vault Cleaner to have... 7 306
LIVERY STABLES —Licensed, etc .... 67
Lois —Filling and raising of.... , ....... 91-4
LOADS —Charges for carrying 11 a. 68
LOST CITY PROPERTY —(See City Property.)
LUMBER YARDS in fire limits...., ....... 7 157
MARKET MASTER —CITY.
Stalls of market sold by 2 46
Has general supervision of markets3 47
Weigh meats, etc. 20 51
Weigh on public scales 6 56
Report to Council monthly. .... 8 56
MARKETS —MEAT, VEOFTABLES, etc.
Buildings, location of........ 1 46
Rent of stalls fixed by Cotmcil 2 46
When open, market houses 4 47
Purchaser, not sell again —liquors 5 48
Not sell unsound food —chickens 6 48
No person to lounge about.... 7 48
License to sell fresh meats. ........... 8 48
Meaning of words "in market" 9 49
Nothing expose for sale outside of.... 10 49
Fine and costs........ .. ............ 11 49
Not buy to sell again between 10 P. M. and 8 A. 3112 49
Not to sell without lease.... 13 49
Not tie legs of fowl... 14 50
Not tie legs of domestic animals.... 15 50
Merchants and pork packers exempt 16 50
Selling without license .... . 17 50
Sell in quantity less than a quarter 18 50
Fine from $5 to $10 .. •• 19 51
Market master to weigh meats, etc 20 51
468 INDEX TO ORDINANCES.
MA RKETS—HAY, WOOD AND GRAIN.
Location of.......
Hay to be weighed, by whom
Grain and pork markets, location
MARSHAL.
Attend all sessions of Council
Attend court, or deputy
Appointed by Council
Account kept by.
Arrests to make
Council may remove
uharge of City Hall...
Courts attended by
Duties at fires........ ..
Deputies appointed by
Dogs, unlicensed to kill
Enforce cow ordinance
Eave spouts, look after
Execute all processes
Fees for impounding animals.
Impound animals, when
Jury to summon
..................
Keep account of moneys received...
Keep property of one arrested....................
Keep calaboose book........
License, duty in relation to.......... . ................ .
Neglect of duty punished .......
Notify owners how to construct enve spouts
Obey Boas d of health
...............
Obstructions on streets to remove
Pay money to Treasurer monthly..... .........
Prosecute for violation of ordinance...
Police control of...
Report to Mayor violation of ordinances
Report and abate any nuisance ... _ .. .
Salary of
Shall make settlement with Treasurer...
Sessions of Council to attend...
Shall notify City Attorney, when wanted at court
Sidewalks to repair, when
Settlement made by
Streets to open
Squares to control................................
MAYOR —Duly OF. ,,..,.
Approve auctioneer's bond ...•
SECTION. PAGE.
1 51
3 51*
7 53'
3 _ 31
5 184
1 307
7 31
2 30
3 308
3 31
9 32
16 1.54
4 31
2 181
1 181
2 282
5 31
3 183
1 181
3 78
7 31
9 32
15 115
7 65
11 32
2 282
5 176
100
6 31
2 193
18 ]16
1 29
1 30
2 307
8 32
9 32
10 32
3 90
8 32
.7 80
3 191
8a 65
of
INDEX TO ORDINANCES. 469
SECTION. PAGE.
MAYOR —DUTY or —Continued.
Approval of bonds, generally 4 22
Appoint special policemen 7 276
Abate nuisances..... 5 171
Application to for transient merchant's license 2 202
Bridge, director in 8 251
Be present at settlement of Marshal 8 32
Building certificates to give 21 169
Chief executive officer 1 24
Charges against, how tried 6 62
Call special meetings of Council 2 25
Contracts and ordinances signed by 5 25
Conservator of the peace, is... L6 25
Deeds executed by 1 179
Enforce ordinances 1 24
Election; to issue proclamation for.... 1 18
Fines, may be remitted by........ ... ..... ........ 11 197
Inspect account of Marshal, of money 7 31
Issue license to transient physician 14 b 70
License exhibitions, when 15 71
Licenses signed by 1 63
Licenses, when fixed by.... ... 5 64
Make recommendations to Council 1 24
May employ person to attend auction.... 8 5 65
Orders on Treasurer signed by .. 2 33
Rules for city prison, to make.... 13 197
Report neglect of officers to Council ... 4 25
• Shall enforce State laws 1 24
•
Shall call special meetings............ 2 25
Supervision of other city ofcer•s... 3 25
Suspend policemen 4 113
To execute deed.... ...... 1 179
MAYOR pro tent. —sign deeds, etc 1 179
MEASURES —(.See Weights uncl 1feasures.)
MERCHANTS —transient, procure license, etc. 201-2
MINERAL HOLES —Fencing or filling of 95-6
MINOR —Not loiter about certain places 12 5 69
NAMES OF STREETS —Changing of ... 208
WORTH AMERICAN TELEGRAPH Co.... 322
NoTicE—Who to serve 5 31
NUISANCES —PREVENTION OF.
Slaughtering in city .... 1 170
Carcass of animals 2 170
Cellars, vaults and drains 3 171
Soap Factory, butcher shop `4 171
470 INDEX TO ORDINANCES.
NUISANCES —PREVENTION OF—('oatinue[d.
Power of Mayor to abate... ... .
Expense of abatement, who to pay............
Offal, filth and manure.... ...
Privy vaults, 12 feet deep.... ............... ......
Less than 12 feet a nuisance
NUISANCES—( See Dogs.)
OATH -All officers to take.... ....
OFFENCES —DEFINED AND PUNISHED.
Disturbing the peace
Intoxication........
Disorderly conduct
False alarm of fire
Exposure of person....
Obscene books
Obscene figures ............... ....
Indecent exhibition of animals.....
Maltreating dumb animals
Injury to public property......... ..........
Injury to monuments
Breaking street lamps
Not to light street lamps
Not to climb lamp posts.
Not to injure water or gas pipes...
Not fasten animals to trees ..:......... .. .
Fast driving punished
Horses fastened........ ............................
Vehicles must turn to the right
Not discharge firearms
How poison to be sold
Sale of diseased meat
Loitering about streets
Houses of ill fame
Loitering about ill fame houses.......
Disturbing lawful assemblages.... ........ .....
Profane language
Charivari ...... _ . .. .
Bathing in Mississippi river.......
OF FICERS.
Neglect of duty punished.......
Names of
Term of office, pleasure of Council
Must first take oath of office
Not take until bond is approved
When term of office commences.
SECTION. PAGE.
5 171
6 172`)
7 172
8 172
9 . 172
4 19
1 106
2 106
3 106
4 107
5 107.
6 107
7 107
8 107
9 107
10 108
11 108
12 108
13 108
14 108
15 108
16 108
17 109
18 109
19 109
20 '109
21 109
22 110
23 110
24 111
2.5 111
26 111
27 111
28 111
29 112
7 20
4
8 20
3 22
4 22
5 22
INDEX TO ORDINANCES.
471
SECTION. PAGE.
OFFICERS—Contiai iced.
Outgoing take receipts ..................... 6 24
Charges against ..................... 60
OFFICERS' BONDS 21
OFF ICERs—Charges against 60-2
OILS —INFLAMMABLE —STORAGE OF.
Not to manufacture hi city 1 160
Not to keep over five barrels.... 2 160
To be inspected.... 1 284
Dealers in by wholesale report, etc 284-7
ORDINANCES.
Auditor, duties of 34
Auctioneers . 65
Authorizing water works.... 184
Appointment of Marshal.. .... . . 307
Brokers ................
Billiard tables and bowling alleys
Board of health, health of city.
Bridges, fast driving across ..... ......... :..... ........ .......
Blasting in city limits. ....
66
68
174
192
281
City property.... 23
City Attorney, duties of... .... 36
City Engineer, duties of 38
City Assessor, election of ........ . ....... 41
Charges against city officers 60
Cancellation of taxes........ .... 149
Cows, animals, restraining 181
Changing names of streets 208
Conductors to eave spouts 281
325
Cruelty to animals
Defining limits of fire districts 155
Deeds and, releases, how made 179
Dogs, regulation of keeping. .... ... 180
Dubuque Butchers' Association... 235
Dunleith and Dubuque Bridge Company.. 247
Dubuque Pontoon Bridge 248
Dress worn by police.... 276
Drains and sewerage 288
Elections . 18
Exhibitions 71
Establishment of city police ....... • • • ... 112
Electric Light Company .... 315
472 INDEX TO ORDINANCES.
URDINANCES—Coat
Fountains, use of
Fixing and changing grades
Filling mineral holes, etc
Fire department
Ferries .
SECTION. PAGE.
Ferry, Dubuque & Dunlieth.
Ferry, Eagle Point
308
74
95
150
169
216
221
Filling Streets, etc., by Knapp, Stout & Co. Company 319
161
Fires, prevention of
Grant Park
Gas,,lighting the city with
Gaming, restraining of
Hotel and boarding house runners
Hack drivers, hotel expressmen
Hogs, weighing of dressed
Inn keepers....
Indebtedness of city, settlement of ................. .
In relation to licenses
Juries, summoning of
Lots covered with stagnant water
Livery stables
Lumbermen's railroad
Mayor to sign ordinances
Mayor, duties of
Marshal, powers and duties of
Markets, sale of meats, etc .......................
.....
Manufacture of oils, etc
Nuisances, prevention of.......
Official bonds
.... .............. ..........
Opening, altering streets, etc.
Offences, punishment ................ .
Oils, Kerosene, inspection of.... . ......
Public landings and wharfage ....... , ... . ...................
Public Scales.
Peddlers....... .
Preventing erection of dangerous buildings and walls
Park or public square ........ .. .
192
211
173
73
73
53
73
205
63
179
91
67
222
25
24
29
46
160
170
21
77
106
284
41
55
71
162
191
INDEX TO ORDINANCES.
ORDINANCES —Continued.
Prosecutions for violations of ordinances
Privy vaults; etc., cleaning of....
473
SECTION. PAGE.
Qualifications of officers
Recorder, duties of
Roller skating.
Relating to gunpowder...
Running horses and teams
Registration of births, deaths, etc...... .. .
Regulating language at cars
Right of way to D. &. M. R. R. Co..........................
Right of way to D. B. & M. & D. & M. R. R........ ........
Right of way to C. M. & St. P. R. R
Right of way to I. C. R. R. Co
Rights to I. C. R. R. Co. extended...... _ .... .
Rights to I. C. R. R. Co. to Iay side-track
Rights to I. C. R. R. Co. on other streets
Right of way to D. & N. W. R. R. Co
Right of way to C. B. & N. R. R. Co.. .
Regulating running of trains ...
Regulating additions to city.
Right of way to Ingram, Kennedy & Day
Right of way to Eleventh Street R. R
Ryan, slaughter house
.......... • • • •
Seal of city ... ...............
Saloons, public places of resort.....
.Streets, alleys, improvement of.....
•
Sidewalks, repairing of
Streets, obstruction of
Sabbath, observance of
Street Railway, rights, etc
Street Railway, additional rights
Sewers, fouling of, etc
Steam Supply
Sewers, Cooper & Linehan
Sewerage —house drainage......
Sprinkling streets
Street R. R. on llth street
Street Commissioner, duties of
Slaughter House, Wm. Ryan's
Traveling physicians...........
Taxes, assessment and collection of
193
303
21
26
72
158
178
199
233
237
240
242
254
256
2.57
257
263
267
275
309
310
323
234
16
69
81
89
97
172
225
228
290
282
291
294
317
323
39
234
70
118
474 INDEX TO ORDINANCES. INDEX TO ORDINANCES. 475
ORDINANCES —Continued.
To prevent fires .. .
Telegraph poles in streets and alleys
Treasurer, duties of..
Transient merchants
Telephone exchange. .............. .
Use of public fountains
Vote on sale of certain real estate
Vacating sidewalk....
SECTION. PAGE.
Ward boundaries.......
Weights and measures
Wood and grain markets...
Weighing dressed hogs
Wood Inspector. .. .
Wagons, drays, etc
Wm. Ryan, slaughter house....
PACKING HOUSES.
Wm. Ryan, right to operate...
Dubuque Butchers' Association
Conditions ...............
Price to be charged
Council impose restrictions
PARKS —(See Public Squares.)
PASsENGERs—Charges for carrying....
PARTY WALLS of brick —(See Buildings.)...
PEDDLERS, must obtain license
PENALTIES —(See Offences.)
Pa-rsicrANs—Traveling.....
To report to Council .......
Report births, deaths, to Recorder
PIGS, not run at large
PLAT showing proposed addition to city
PLATS of improvements
PLANS of buildings, filed with Engineer ...... .
POLICE FORCE.
Appointed by Council .....................
Enter charges in book
Forfeit $1 for each neglect...
Falsely representing, to be punished
Have power to enter houses
Hackmen to obey
Mayor to suspend
May enter houses with force...... .......... .. .
1
1
2
5
6
10 c
6
15
161
322
33
201
312
308
203
245
16
44
51
53
57
68
234
234
235
236
237
237
67
163
71
14 70
4 176
199
181
309
2 38
21 169
1
15
23
21
5
17
4
6
112
115
117
117
113
116
113
114
POLICE FORCE —Continued.
Must be quiet and civil
Must not take rewards or gifts........gifts......................
Must remove obstructions from streets... ... .
Not compound offences
Not to give information
Not to be absent from duty ...
Not maltreat prisoners.... .... .
Policeman to obey Marshal........ .... . .............
Persons not resist policemen
Qualifications of...
Resistance to, punished
To take ihe oath.... ......
Take persons arrested before justice...........
Wear insignia of office
POLICE FORCE —Uniform to be worn by...
POOL TABLE —(See Billiard table, etc.)
PoLEs—Electric Light
PoLEs—Telephone Exchange. ..........
POWDER —(See Gun Powder.)
PONTOON BRIDGE-03ee Bridges.)
PROPERTY OF CITY —(See City Property.)
PROFANE LANGUAGE —About street cars
PRIVY VAULTS-12 Feet deep .............:.. .. .
PRIVY VAULTS —Cleaning of
PRESIDENT —Pro tem of Council
PRISONERS —(.See Prosecutions.)
PROSECUTIONS—Forviolation of Ordinances.
Before what court.
Who commenced by, etc.. .......... .....
To be in summary manner tried
Punishment ............ ,
Marshal or Deputy to attend court..:..
Court to report to Council... ... ... .
Fees by City paid to Court
Report to Auditor
Auditor examine report
Court enter judgment
Mayor may remit fines
City prison.....
Mayor to make rules for city prison.
Credit $1.50 per day for fines...
Insulting prisoners
PUBLIC PLAcEs—Sprinkling of......... ...... . ......... .
PUBLIC LANDINGS —(See Landings.)
SECTION. PAGE.
8
22
9
10
12
14
18
19
2
20
3
13
11
114
114
117
114
114
115
115
116
116
113
117
113
115
115
276
315
312
2 233
8 172
303
2 33
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
193
193
193
194
194
194
195
195
196
196
197
197
197
198
198
317
476 INDEX TO ORDINANCES.
PUBLIC SQUARES —Boundaries, etc
PUBLIC FOUNTAINS.....
RAILROAD—Lumbermen's & Manufacturers'
RAILROAD —Right of way to D. & M. R. R ............
RAILROAD—Right of way to D. B. & A. and D. & M. R. R
RAILROAD —Right of way to C. M. & St. P. R. R
RAILROAD —Right of way to I. C. R. R
RAILROAD —RIGHT OF WAY TO D. & N. W. R. R.
SECTION. PAGE.
191
308
222-5
237-40
240-2
242-5
2.54-7
Over what ground.... .. 1 263
Conditions of grants 2 264
Council may compel to grade, etc 3 265
Tracks laid to grade... ..... ........................ 4 266
R. R. to pay any damages 5 266
RAILROAD—RIc+FT of WAY TO C. B. & N. R. R.
Authority given to Co. 1 267
Exclusive right of ground 2 270
Fill slough, maintain culverts............ ... 3 270
Council direct manner of laying 4 271
Grade street, comply with regulations 5 271
Tracks to conform to grade 6 271
Right to fill "100 foot strip"7 271
Rights not assignable ....... 8 272
Other R. R. Co.'s may transfer cars g 272
Rights subject to conditions.... 10 273
Shall pay damages, defend claims 10 273
RAILROAD —Right of way to Booth & Stout 261
RAILROADS —Regulating running trains 275-6
RAISING OF LOTS —(See Fi.11iny and Rising of Lots.)
RELEASE —(See Deeds.)
REAL ESTATE —Sale of to C. M. & St. P. R. R 203
REPORT to Council by Auditor.... ................... 5 36
RESOLUTION adopting Revision of 1887 2
REVISION of 1887... 2
RECORDER pro tem 12 29
REsTAURANT—Eating house to pay license la 73
REmomAL of officers 60-2
RECORDER.
Attend every meeting.... 1 26
Births, deaths, etc., report to Council................ 7 200
Bonds filed with 2 21
Butchers' license issued by 8 48
Burial Permits issued by 3 199
Bond of deposited with Auditor.... 2 21
City Seal kept by....... .... 4 27
Complaints recorded by. ....... ................ 5 62
INDEX TO ORDINANCES.
RECORDER —Continued.
Draw orders on Treasury
Deeds of City attested by.
Duty of...
Furnish Mayor unfinished business.
Furnish certified copies
Give notice of change of grade
Give notice of special assessment............ .......
Issue fresh meat license, etc
Issue license for roller skating....
Keep register of licenses
Keep warrant book...
Keep a license register...
Ordinances, custody of
Ordinances, to record
Publish ordinances
Procure stationery for officers .. .
Report to Council every regular session
Recorder pro tem.
Record complaints vs. officers
Record in separate book Council proceedings
Street work, to advertise for bids for
Special assessment, resolution to Auditor............
RIGHT of WAY to Knapp, Stout & Co. Company for R.R.
RIGHTS OF WAY —(,See Railroads.)
RIOT or unlawful assembly
RIGuT of WAY —To Eleventh Street Elevator..........
RIGHT OF WAY —TO Ingram, Kennedy & Day
RUNNING- TEAMS —(See Horses and Teams.)
RUNNERS for hotels, etc., pay license
RULES OF ORDER, ETC. —(Sec Index No. i.)
SALE of certain real estate to C. M. & St. P. R. R
•SATISFACTION of judgment.
SALARIES of officers, fixed by Council.........
SALOONS —PUBLIC PLACES OF RESORT.
No person shall keep without license
Hours of keeping open...
No boisterous conduct allowed
Keep license. posted up
Sale of intoxicating liquors not authorized
SABBATH.
Observance of
Not play billiards on
No exhibition of shows
ScALEs—Public use of, etc
SCAVENGER may charge
SEAL of City of Dubuque...
477
SECTION. PAGE.
6 28
1 179
1 26
1 26.
11 29
4 75
11 85
8 48
17 72
5 27
7 28
6 64
2 26
3 27
2 26
10 29
8 28
12 29
5 62
3 27
3 82
12 86
319
6 25
323
310
2 73
203
2 • 193
6 20
13 - 69
13b 69
13e 70 '
13d 70
13e 70
1 172
2 172
3 173
55
9 306
1 15
478 INDEX TO ORDINANCES.
SEXTON —(See Births, Deaths, etc.)
SEWERS AND DRAINS —Obstruction of 288
SEWERS —Fouling of 290
SEWERS —Cooper & Linehan's ...................... 291
SEWERAGE —House drainage 294
SEWER —On Eighth street.. .... 319
SEPARATE system of sewerage 294
SIDEWALKS.
Shall be laid to grade. 1 89
Curbstones correspond to grade........ 2 90
Notice to owners to repair........ 3 90
If owners_can not be found. ..... 4 91
Treasurer to sell:property for tax 5 91
Snow and ice cleared from 22 103
SIDEWALKS —Cleared of ice and snow ... 22 103•
SIGN PosT—Not to be on sidewalk 4 98
SIDEWALKS —Changing widths of 208
SEATING —Roller skating, have license 17 72
SLAUGHTERING in city, when a nuisance 2 170
SLAUGHTER HOUSES —(See Packing Houses.)
Show and ice cleared from sidewalk 22 103
SPRINKLING —Of streets 317
SQUARES —(Sec Public Squares.)
STATIONERY —Procured. by Recorder 10 29
STEAM —Rights to Steam Supply Co., etc 282
STAGNANT WATER —(See Filling and Raising Lots.)
STRAW or hay stacked.... ...... 3 161
STOVEPIPES —Regulated 1 161
STREET RAILWAY —On llth street.... ................. 323
STREET COMMISSIONER.
When and by whom appointed 1 39
Superintend work on street 2 40
Report plans and estimates 3 40
Enforce ordinances, relation to streets 4 40
Is peace officer of city —make arrests 5 41
Under control of street committee 4 82
STREETS —Sprinkling of.... 317
STREETS —Opening and altering of.
Council order by resolution.... 1 77
Engineer to notify owners........ 2 77
Objections made to council, when 3 78
Jury assess damages. 4 78
Interested party to defray expenses 5 79
Council procure deeds ............ • ... 6 79
Marshal to open streets, how 7 80
Council may annul any highway .............. ....... 8 80
SECTION. PAGE.
INDEX TO ORDINANCES. 479
STREETS —Alleys, Sidewalks, Improvement of.
Council to order improvement, how.
Engineer prepare plans, etc
Recorder advertise for bids
Council may reject bids...... .. .
Street Committee examine work.....
Sidewalks laid to grade, etc .. .
Top of curb stones is grade of street
Council order temporary sidewalk ......
Engineer to direct work
If owner neglects to lay sidewalk...
Recorder give notice of assessment .........
Recorder deliver resolution to Auditor.........Auditor
Auditor enter levy in "Assessment book"
Treasurer give notice of assessment..........
Council draw orders on Treasurer
Materials for certain sidewalks... .....
Council may order sidewalks taken up
Engineer supervise work on sidewalks
Sidewalks full width, when. .. .
Existing ordinances not affected
STREETS —Obstruction of.
Porch or railing not extend more than 4 feet.
Cellar door ept shut and not more than 5 feet
Windows no to extend more than 24 inches..... .
Signpost not to be on sidewalk
Awning to be 8 feet high
Merchandise, etc., not to be on sidewalk.............
Show bills, etc., not to be on sideWalk...........
Goods not cover more than 3 feet of walk
Marshal to remove obstruction ............... .
Not drive over walks...
Crosswalks kept free
Horses not obstruct walk
Stone or timber not to be on walk....:..
Fine $1 to$50.........................................
Obstruction of streets punished.... ........ . ......
Trees two feet from line
Injury to walks punished
Written permission from Mayor
Lantern kept in open sewer
Vaults to be brick or stone ..
Completed in time given by Mayor....
Sidewalks cleared of ice and snow............ ........
Water pipes, construction of
Removal of gravel, penalty for.......
Not ride or drive on walk ... .
SECTION. PAGE.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1
2
3
4
5
1
2
3
4
5
6
8
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
81
82
82
82
83
83
84
84
84
85
85
86
86
86
87
87
88
88
89
89
97
97
98
98
98
99
99
99
100
100
100
100
100
101
101
101
102
102
102
102
103
103
104
104
104
480 INDEX TO ORDINANCES.
STREETS —Obstruction of —Continue.
Permit to remove building... ... .
Building not remain more than day
Wagons not remain on walk.......
Builders obstructing streets.......
Encroachment on street
Encroachment removed in 30 days
Street Commissioner prosecute
STREET RAILWAYS—AUTHORPZED, REGULATED.
Grant of right of way over streets...
When to commence construction
Rights to construct track on streets...
Passenger fare....
City may remove rails... ........................... .
Single or double track........ ..............
Council to regulate
Not to obstruct streets.... ............. ........
Must accommodate the public.......
Must repair streets.....
Other companies to cross track
Additional rights of July 11, 1883........
Guage of tracks, etc
Conditions of new rights. ........... .
Duties of company
Improve streets between rails ....... .... ..........
Rights to cease in 4 years
Subject to other ordinances
Extension of rights,when........
Acceptance by company.... ..
Conductors of, special officers
Disorderly conduct punished.
Cars of, not to be obstructed
SuRE•fm s—On official bonds. ..... .
SUMMONING JuRoRs—(,fee Juries.)
TAXES —Assessment and collection of.
Auditor deliver plat of city to assessor
Assessor begin 3rd Monday in January
Assessor to list and assess all property ..............
Assessor to administer oath.... ....... ............
What property to assess............... ..... .
Term "credit" defined...
Who will assist assessor........
Commission goods to be assessed
Other person's property, how listed..... ......
Railway and fridge property.......
SECTION. PAGE.
26 104
27 104
28 • 104
29 105
30 105
31 105
32 106
1 S2,5
2 226
3 226
4 226
5 226
6 226
7 226'
8 227
9 227
10 227
11 227
1 228
2 229
3 230
4 230
5 231
6 231
7 232
8 232
9 232
1 233
2 233
3 234
21
1 118
2 119
3 120
4 120
5 120
6 121
7 121
8 122
9 122
10 122
INDEX TO ORDINANCES.
TAXES —Assessment and collection of —Continued.
Roadbed not included.................... .... • ..... .
Telegraph property........ ..
Property listed January 1st
Depreciated bank notes
Debts in good faith deducted
All personal property listed
Manufacturer defined
Money, notes and credits....
Banking associations
When to account
uonform to act of Congress
Assessment completed Jan. 1st
Unknown real estate
Assessor, neglect of duty... .............
Committee on assessments ........... . .
Auditor to give notice
Appeals to City Council
Council to fix water limits by resolution....
Council levy tax by resolution
Auditor to transcribe assessment book
Auditor deliver tax book to Treasurer..
Auditor may correct error in tax book.............. .
Auditor mark on tax book "sold"
Treasurer to give notice for one month........ .......
Treasurer enter unpaid taxes.............
Treasurer to collect taxes
Treasurer give notice when property "sold"......... .
Treasurer certify to,amount of taxes
Treasurer's receipt....
Treasurer liable on bond
Treasurer assess omitted property....
Owner assess omitted property.....
City warrants received for taxes
No demand for taxes necessary
Five days' notice for sale of personal property.
Resistance to Treasurer punished..
When are taxes delinquent
Treasurer sell personal property
Continue to receive taxes.......... ........ .
Treasurer give receipt.... ......... ...
Auditor to keep account.... .. .
Treasurer refund tax illegally paid
When property to be sold
Notice given, how...
Notice to be in official paper............ ...... ........
Treasurer to collect 20 cents
481 .
SECTION. PAGE.
11 122
12 122
13 122
14 122
15 123
16 123
17 124
18 124.
19 124
20 125
21 125
22 125
23 125
24 126
25 126
26 127
27 127
28 127
29 128
30 128
31 128
32 128
33 129
34 129
35 129
36 129
37 129
38 130
39 130
40 130
41 130
42 131
43 131
44 131
45 131
46 132
47 132
48 132
49 132
50 133
51 133
52 133
53 134
54 134
55 134
56 134
482 INDEX TO ORDINANCES.
TAXES —Assessment and collection of —Continued.
When sale shall commence
Who entitled to purchase.
Treasurer to sell from day to day
Purchasers to pay, how much.
Owners may pay before sale
Description in figures....
Copy of advertisement
Auditor attend sales......... ..............
Treasurer may adjourn sale
Officers not to purchase
Sale at other time
Certificate of purchase ....................... .
Certificate of purchase assignable...
Duplicate receipts.. ... .
Property may be redeemed
Auditor to give certificate of redemption ...
Minors or lunatics, redemption when
May redeem through court
Time to give notice
Treasurer to make deed
Form of deed
Deed signed by Treasurer
Not to affect former sales
Error in sale corrected
Money refunded
Wrong name not invalid
Statute to govern
Money refunded to purchaser .......... . .. . .
Amendment of Feb. 19, 1887
Assessor deliver blank to owner.
Owner fill blank within 5 days ... ....... .. .
Failure of assessor to perform duty..........
Council appoint assistant, assessors
Assistant assessors, time of holding office.... . .
Duty of assistant assessors
Powers of assistant assessors ...... .......
Assistant assessors under supervision of mayor.......
Compensation of assistant assessor....
City divided into districts...
Basis of valuation
Provisions of other ordinances
Taxes prior to 1870 cancelled..... .............
TAXES OF DOGS —(See Dogs.)
TAXES, SPECIAL —(See Streets, Alleys, Sidewalks.)
TEAMS RUNNING AWAY —(See Horses and Teams.)
TELEPHONE EXCHANGE—AuthOriZed
TELEGRAPH POLES —Erection of, etc.......
SECTION. PAGE.
57
58
59
GO
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
1
1
2
3
4
5
G
7
8
9
10
11
12
1
135
135
135
135
135
135
136
137
137
137
138
138
138
138
139
139
140
140
140
141
142
143
144
144
144
144
145
145
145
145
146
147
147
147
148
148
148
148
148
149
149
149
312
322
INDEX TO ORDINANCES. 483
SECTION. PAGE.
THEATRES .... 4 163
TRANSIENT MERCHANTS —(See Merchants, transient.)
TRAVELING physicians........ 70-1
TREASURER —CITY.
Execute receipts to Marshal for money 6 31
Collect and keep money 1 33
Execute duplicate receipts 1 33
File monthly statements with Auditor 1 33
Keep account receipts and disbursements.... 1 33
Submit accounts to Finance Committee 1 33
Pay out money only on order of Recorder 2 33
If no money in treasury, what 2 33
Is ex-oflicio collector of city 3 34
Turn over to successor books, etc 4 34
Make final report to Council 4 34
Receive money from weigher.... 5 55
Notify Marshal of suspension of Auctioneer's license 8b 65
Receive appraisement money 8 76
Give notice of special assessment14 86
Sell property for tax.... ... 5 91
UNIFoRM—To be worn by police... 276
UNITED STATES Electric Light Co 315
VACATING of Can41 Street 310
VACANCY in. Clerks or Judges of Election.... ....... 3 19
VACATING sidewalk 245
VACATING streets, etc 208
VAULT CLEANER, duty of ... 3 304
VIOLATIONS OF ORDINANCES —(See Offences.)
VoTE in precinct where one resides 7 18
VOUCHERS —Kept by Auditor.... 1 34
WARDS —BOUNDARIES.
First Ward........ 1 15
Second Ward.... 2 16
Third Ward 3 16
Fourth Ward 4 17
Fifth Ward 5 17
Fifth Ward (East Precinct)........... 6 17
Fifth Ward (West Precinct) 6 17
WAGON BRIDGE —(See .Bridges.) -
WATER Closets, cleaning of, etc. 303
WATER LIMITS —Fixed by Council 28 127
WAGONS, DRAYS, ETC. —Licenses for 68
WALLS —Dangerous........ 162-9
WATER WORKS 184-90
WEIGHER —Council appoint 1 55
WESTERN TELEPHONE COMPANY ............. 312
•
484 INDEX TO ORDINANCES.
WEIGHTS AND MEASURES
SECTION. PAGE.
44-5
WHARFAGE—( See Public Landings.)
WIDTH —Of certain sidewalks, etc 208
WOODEN Burznixos—Not removed. 4 156
WOOD MARKETS —(See Illarkets.)
Woon—Inspector of, duties and powers 57-60
INDIX NO. 2.
SECTION. PAGE.
Abandonment of city charters . 423
ACTS OF CONGRESS.
• An act laying off the City of Dubuque, 345-6
An act appointing commissioners 387-8
Au act authorizing entry of certain lands. 349
An act granting levees to city. 349-0
An act making Dubuque Port of Delivery 351-2
Actions for violations of ordinances. 24 341
Additions to city, regulation of. 23 341
Additional powers to cities ............ ......... 421
Aldermen not to be interested in contracts 4 330
Assessor, elected annually 389
Attorney, duty of 16 338
Auditor, duty of 13 337
Board of Health, generally 411
Board of Health in special charter cities. 424
Boundaries of the city 1 327
Bridges, aid in construction of 435
Bridges across Mississippi river, cities may use 439
Charter of City of Dubuque 327-44
Charges against officers. 26 342
City limits, extension of 434
Council, rules of order of 453-8
Connell, member of expelled 27 342
Code of Iowa, chapter 10, title 4.... 371-85
Election of officers, when 4 329
Filling of stagnant water lots. 420
Fire Department, special tax for 452
Grant to Dubuque, title to certain lands. 360
Health of city, Council make rules for 7 333
'Health, State Board of . 411
Indebtedness, settlement of . 362
486 INDEX TO CHARTER, LAWS AND RULES OF ORDER.
SECTION. PACE.
Limits of city, extension of 434
Marshal, duty and power of 14 338
Marshal may hold office for 2 years 438
Mayor may hold office for 2 years ......... . .......... 438
Mayor, duty and power of 11 337
Money, city may borrow. 19 339
Nuisance, council may abate. 7 332
Officers provided by charter 2-3 328
Ordinances made by council 7 336
Order, rules of for council 453-8
Parks and Park Commissioners
432
Power of council... ........ ....... ........ 6 331
Recorder, duty and power of. 12 337
Registration of voters in cities 441-52
Rules of Order of Council 453-8
Salaries fixed by council. 7 331
Sewers, repeal of section 7. 434.
Special tax for parks. 432
Special tax for filling lots.... 420
Special charter, city may abandon 371-3
Special tax, council may levy 21 340
State Board af Health.. ... .. ....... .. .. ........ ..... ' 411
Stagnant water on land. 420
Statistics, health 411
Superior courts. 399
Tax levied for use of bridge, etc • 440
Territorial Laws of Wisconsin, under which Dubuque was in-
corporated
Treasurer, duty and power of
Vacancies filled by council
Voters, registration of
353-9
15 338
7. 331
441-51