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1879 January Council ProceedingsJanuary 6, 1879 Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Petitions Eva Robish referred to Police and Marshal George Rath referred to Police Commission J E Woottore laid on the table Frank Brede petition referred to Ordinance Com Petitions referred to committee on claims W A Leathers $45.00 Ingram Kennedy & Day $16.00 Andrew Freadway & Sons $1.00 Petitions referred to committee on finance J H Lull John Harp Ann Hoar $9.50 Frenzell January 6, 1879 Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Petitions referred to committee on delinquent taxes Sarah Devine S S Wemott $7,500 C H Meyer Ellen Savier Ann McCarthy Mary Schaus S P Hough Birdget McMahon A Kaiser Conrad Becker Barbara Hausen $170.00 Henieta Bosfield Agnus Arthur C C Coakley S M Langworthy Julia Lewis Abraham Pfeifereberger Margaret Mulligan W W Pyne Mathias Schlegal Mary Gilmore Catherine Bannon Petitions referred to committee on streets A Graham Danl Sheehan Hanioso Street Julian Avenue St Mary's Street Emmet Street Fourth Street Mathias Flick $5.57 John Kapp $16.15 Anton Heeb $66.00 January 6, 1879 Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Petition M H Beach attorney for G B Hamilton referred to mayor and finance com Communication F O'Sullivan stating that he had finished the abstract books as per contract asking the council to appoint a committed to examine the same and accept them if found correct referred to mayor and finance com Petition James Beach stating that in 1973 while a member of the city council four suits were brought against him as Alderman in the Grand View Avenue matter petition referred to city attorney Petition James Reynolds asking for opening of Angella street referred to city attorney Petition Eighmey & Waller asking to have the license of the opera house fixed at the same price as last year receive and file Petition Patrick Hammel moved and carried petitioner not be charged more than sixty cents per lineal foot Communication from City Assessor Henry Stroker approving T O'Sullivan as his assistant in taking the apessment of the city of Dubuque for the year 1879 subject to the approval of your Honor Body - was on motion approved January 6, 1879 Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Petitions referred to committee on Fire Strinsky John Schwenk $1.50 John McCoy $4.35 Petition Alice Smith adopted Report Wood Inspector received filed Report Justice Coakley received filed ordered paid Report acting Street Com M Dowling received filed ordered paid Report Market Master Pier received filed ordered paid Report Marshal Deckert received filed ordered paid January 6, 1879 Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Reports P Even Southern Avenue Scales $7.65 $1.15 received and filed Auditor Brauah $957.50 received filed ordered paid Lamplighter O'Hallerau received and filed Recorder Quigley $20.00 received and filed 5th Ward Scales F Fosselman $2.10 received and filed W Dub Scales Chs Pitschner $6.45 received and filed 1st Ward Scales R C Ryan $4.15 received and filed Hog Weigher R C Ryan $30.15 received and filed January 6, 1879 Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Communcation Pollock & Shields $2,200 report adopted Petition Mary C Munsell $30.00 report adopted Petition A Stines in relation to laying down a side track from 17th to 18th report adopted Petition Mathias Flick grade of Ellis Street report adopted Resolution Ald Herod large stones on the Delhi Road between Couler Street and Tschirgi Brewery broken report adopted January 6, 1879 Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Petition A Leicht report adopted Patrick Hamell adopted John Trexler report adopted A Brunning report adopted James E O'Hare report adopted Claims ordered paid Ham & Carver Sol Turck Hose Co T Klauer Key City Gas Co T Walser Ferring & Saloh N C Ryan Andrew Treadway & Sons Rouse & Dean B D Senihau Strieber & Strinsky Junksman & Haas Phil M Plate Times Company G Perry C M Mills Daniel Riordau Jances Welch John Grote Henry Kolb P Klauer Dub Burial Case Co A Greebe Ed Klas D Grant January 6, 1879 Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Bills Allowed W H Torbert B D Linehau Albert Leicht Spear and Lee Daul Sheahau Lagen & Clair J K Graves Hose Co Key City Gas Co (Coke) O F Hodge Chs McMasters Ed Herrington Harvey & O'Connor Healey T E Frith Grosower & Harger N H Schilling John Polk Knapp Stout Co J A Griffke S M Langworthy Philip Pier N H Theadinga Kriegmau & Stanley A Y Mcdonald J Schuckert Dr Asa Horr Rudolf Nolly J K Graves Hose Co Wm Rebman Andrew Treadway & Sons J Butter J Renfried Sol Turck Hose Co Fifth Ward Hose Co Key City Hook and Ladder Co August Schell C W Robinson Ed Glaugwrand P McMahon Globe Gas Co C W Ware Mrs Siemon J Platz O'Brien & Cumming T O'Sullivan Dub Water Co P Klauer American Dis Telegraph John McGrether C M Elrath J P Quigley Index Book H Jungk E M Ogelsby January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Claim of the German Catholic Printing Company referred Engineer Report adopted January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Report by City Engineer and City Attorney Delhi Road from intersections with Julien Avenue to Forrest Lane adopted Petition Mulligan Estate report adopted Petition Michael Milligan special assessment report adopted Petition Catherine Morrissey special assesment report adopted Petition Samuel Stanch $500 report adopted Petition S M Langworthy $400 report adopted Petition John Dietrich $150 report adopted January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Petition Ann Dowling special assessment $45.65 Petition John Flynn reduction of assessment report adopted Resolution curbing and paving Seventeenth (17th) street from alley west of main street to Mineral Street special tax be and is hereby levied R Cox Est G Beckert W C Chamberlain Margaret Flynn January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Resolution adopted to draw order for $200 for Mrs George Beckert Resolution adopted establishing water district all property lying within that portion of the city emclosed by the red line as shown on the map entitled "Map of the Water District of Dubuque City" in the city auditors office be declared subject to Water tax for the ensuring year 1879 Resolution adopted to reduce curb stone on Eagle Point Avenue west from 90 cents to 60 cents per foot Communication from R E Grave in relation to City Bonds referred January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig Report of Mayor Mayor Knight submitted the following report Gentlemen of the Council Since your last meeting a notice has been served on me that the Dubuque and Dunleith Bridge Company has appealed to the Circuit Court from your actions fixing the value of the property that company in this city for taxation for last year at six hundred thousand ($600,000) dollars and it is necessary that action be taken to protect the city's interest in the litigation. I am a stock holder in the bridge company and am to a certain extent interested with others who are largely interested with the company consequently I would much have preferred that this conflict between the city and the bridges company had not arisen while I was connected with the city government. But while I so feel I have no hesitation in saying the public interest requires that all proper measures should be aken to prevent the bridge company from escaping the payment of the tax you have levied against it. In fixing the value of the property of this company in the city for taxation I feel that you were impelled by no other motion than that which impelled you to act as to the proprty of all other taxpayers that is to fix it at its fair value and I am free to say that in my opinion you did not exceed a fair value for taxation when you fixed the company's property at the sum of $600,000 which is complained of. the jurisdictions of the circuit court in the process should be denied and I am very sanguine that when the question is decided it will b formed that the circuit court cannot sit in review on your action in this apessment and that your action in the premises will be formed to be final and conclusive in the company from which it cannot escape. this city is as you are aware, organized under a special charter and is not affected (except in some particulars not necessary to be noticed) by the general incorporation law for cities and our special charter provides that the tax payers shall have an appeal from the apessor to the council and that the actions of the council on the appeal shall be final. In the matter of the apessment of the bridge company an appeal was taken from the assessment to you and you will remember Mr. Allison appeared before you and January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig argued the appeal. That appeal was not sustained by you the assessment was confirmed and your actions as I have said by the Charter is final on the company. If this should be so decided of course there will be an end to the case without touching the question whether you decided correctly where you fixed the value of the company's property at $600,000. But if this question of value is gone into I think the city should have nothing to fear as to the result of the case. Let us see wht would be a fair value of the bridge companys property from the data in our possession. When Mr. Allison was before you he told you tht the apital stock was $1,200,000 that the debts were $362,000 and that the lowest dividend paid on the stock was four percent per annum; of course, free of taxes for the taxes are paid by the company. Now let us assume that the stock holders should have six percent per annum clear which in these times should be a very full return on the investment and fix the value of the stock at a sum in which the usual dividend of four percent on the face value of the stock would be equal to six percent. This would make the stock worth 66 2/3 for each share and would give us a value for the whole stock of the company of $800,000. Add to this the debts as stated by Mr. Allisono of $362,000 for of course the value fixed on teh stock is its value subject to the debts of the company and we have the total value of the companys property thus arrived at equal to $1,162,000.00. But this is not all on the record of the county is a mortgage from the bridge company to to certain trustees of the income earnings property etc of the company. By this mortgage it is provided that for the first these years from its date the company should pay to the trustees $20,000.00 a year and thereafter $5,000.00 a year for eight years thereafter to be held as a contingent fund by the trustees to meet any expense for repairs to the bridge during the time the bonds secured by the mortgage remain unpaid and by the mortgage it is also provided that the company shall pay to the trusteed after the first three years twenty thousand dollars a year for the purpose of forming a sinking January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig fund for the annual purchase of the bonds secured by the mortgage and it is only after all these payments had been made that any dividend could be paid as dividends have been regularly paid it is fair to apume the payments have been regularly made to the trustees as the mortgage was made in 1868 this contingent fund new amounts probably to near $100,000. Let us call it that sum and as the four percent dividend was of the earnings left after paying to the contingent fund and my estimate of the value of the stock was made on this dividend exclusding payments to the contingent fund the amount of that fund should be added to teh sum before stated to get at the value of the company's property. So added, we have the value of it equal to $1,262,000.00 and this too without reference to the fact that the earnings are paying off the debts besides keeping up the contingent fund and paying the usual four percent dividend. Let us take another view of the matter. The receipts of teh company as we indicated seldom fall below $100,000.00 net annually. Deduct from this the $20,000.00 annually required for the sinking fund to meet the company's liability and we have $80,000.00, a little over six percent annually or $1,300,000.00 Taking these things into consideration, together with the fact that the earnings of the company can never fall below $80,000.00 a year, and I think no reasonable man will believe that you have done the company an injustice in placing the value of its property at a figure on which even in these hard times a return of six percent per annum is assured. How many property holders in the city but wold be glad to have the same rule applied in valuing their property and how many tax payers are annually compelled to pay on a valuation on property that does not bring them one half of six percent per annum in severence. We should be fair to the bridge company but no favoritixm should be shown it and it should be compelled to pay a fair assessment on its property which in the certainty of return from it is the most valuable in the City. Assuming then that the valuation of $1,200,000.00 is not too much the question arises how much of it is subject to taxation in this city? You have proceeded on the idea of on half the amount and have therefore assessed the company with $600,000. With this sole certainty the company should not find fault for it is as favorable to it as you could have adopted. January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig The constitution of Iowa fixes the eastern boundary of the state as the center of the main channel of the Mississippi River and the charter of this city give the same line as the Eastern boundary of this city to which your jurisdiction for taxation purposes extends. Not it cannot be denied that the line of the main channel of the river would run through the center of the draw pier, so close to the Illinois shore as to leave probably three-fourths in value of all the property of teh company west of that line and subject to taxation by you. Again you must recollect that the bridge company's property in the city commences at the depot of the Illinois Central Railroad Company on Jones Street and that the bridge company owns the track, fill and iron bridge from the point indicated ot the river bank besides the bridge over the river and that the company's property ceases when its rails reach the Illinois shore. Aside then formed the question as to the main channel of the river and if we shold concede that the company is subject to the city to the middle of the river without reference to the main channel it is apparent that the larger share of its property is within the jurisdiction of the city and that in assessing the company for only one half its value you did not assess it to the full of what under the law you might have done. I have thus gone into this matter in full that your position in it should be understood and that however much may be said to the contrary or however erroneous the assessment may be it it is erroneous (which we deny) it may be seen that you were actuted in the matter by no spirit of hostility to the company but simply by a desire to make good paying property bear its just portion of taxation. This matter is an important one to the city and while I do not wish to be understood as implying any doubt as to the ability of the city attorney to attend to it I would suggest whether it would not be well to employ someone to assist him in the litigations. The company you have to fight is a strong one and has employed several legal gentlemen to attend to its interests in the matter and I think it would be but just to the city attorney to give him such assistance and whether if any one is employed must of course be wholly unconnected with the city government. January 6, 1879 2:00 p.m. Knight, O'Neill, McCann, Linehan, Altman, Fey, Brown, Bush, Herod, Doerfler, Lillig At all events gentlemen I do hope that we will all stand unanimously for the city's right in this matter and do what we can to make it prevail. Regretting as I do owing to my interests with the bridges company that this controversy has arisen I recognize the fact that I am here to speak and act as a public officer sworn to discharge the duties of my office and that I would not be true to the trus my fellow citizens have reposed in me did I hesitate to support your actions in the premises believing as I do that actions to be right and this too without regard to considerations personal pecursiary or otherwise signed W J Knight mayor Mayor's report referred and adopted Bond F O'Sullivan approved January 22, 1879 Knight, Altman, Brown, Doerfler, Fay, Herod, Linehan, Lillig, McCann, O'Neill The mayor stated that he had called this special meeting of the council upon the following request Honorable W J Knight, Mayor Sir I having been known to us that the ordinance passed by the City council on November 4 1878 contains an absolute prohibition against the erections within the fire limits of evey kind of wooden buildings under any and all circumstances and as we did not so undersand it at the time of its passage we request your honor to call a special meeting of the council to reconsider the matter. Petition of Frank Bredis for permission to build ice house in fire limits