Revised Ordinances 1881CARNEGIE-S OUT PUBLIC LIBRARY (DUBUQUEy
111 11 ILI 11
3 1825 00332 6033
DUBUQUF
R352
DU'I
Iowa
Bo ks
CLASS R
352
D821r
BOOK 32935
Garnegie-Staut free library
DUBUQUE, IOWA
1881
IOWA BOOKS
R 352 DUB Iowa Books 1881
.!IDubuque (Iowa)
1The Revised Ordinances of
f' the City of Dubuque with
REVISED ORDINANCES 1881
DUBUQUE
J1
r"'�
T H E
Devised Ordinances,
OF THE
CITY OF ?UBUQUE,
OF
1881.
THE
ACTS OF CONGRESS AND LAWS OF IOWA AND WISCONSIN
RELATING TO TIIE CITY, INCLUDING A LIST OF
OFFICERS AND RULES AND REGULA-
TIONS OF TIIE CITY COUNCIL.
Published by Order of the City Council.
DU BUQUE :
TIMES COMPANY PRINT.
1881.
RESOLUTION. `'
Be it .f?esolve.rt 6y the [Pity Council of the City of Dubuque . 0\41: c
That the following shall constitute and be den o 'e
Revised Ordinances of 1881, of the City of Dubuque, and shall
be published in book form, with an index, as provided in section
eight of the City Charter, and from and after such publication
shall be in force, and shall he received without further proof, as
presumptive evidence of such ordinances.
Resolved further. That all public or general ordinances, or
parts thereof, not included in said Revision, shall be repealed, so
far as they conflict with the provisions thereof, but no fine, for-
feiture, penalty, right, aetion, suit, debt or other liability what-
soever, created, instituted, incurred or accrued by, or under the
sauce, shall be released, discharged, annulled, repealed, or in any
wise affected, but may be prosecuted, recovered, or enjoyed, or
any suit or other proceeding be commenced or completed thereon,
as fully and in the same manner in all respects as if such ordi-
nances or parts thereof had remained in full force. Adopted
December 6th, 1880.
JOHN D. 1IIJSH, Mayor.
ATTEST :
MARTIN KA.NE, Recorder.
THE STATE OF IOWA,
CITY AND COUNTS' Ol DIUBuw- e.
} SS.
I, Martin Kane, Recorder of
the City of Dubuque, Iowa, do hereby certify that the following
ordinances contained in the hook denominated, "The Revised
Ordinances of 1881 of the City of Dubuque," are correct copies
from the records in my office.
Witness my Band and the official seal of said city this loth day
of January, A. D. 1881. MARTIN KANE,
City Recorder.
`SEAL.)
CITY OFFICERS,
4880.
MAYOR:
JOHN D. BUSH.
ALDERMEN:
FIRST WARD,
JOHN O'NEILL, THOMAS KAVANAUGH.
SECOND WARD,
J. J. LINEMAN, THEODORE ALTMAN.
THIRD WARD,
B. W. JONES, GEORGE RATH.
FOURTH WARD,
C. LECKIE, JOSEPH HIEROD.
FIFTH WARD,
LOUIS DOERFLER, GEORGE FENGLER.
CITY ATTORNEY :
JAMES H. SIIII;LIJS.
TREASURER:
I:)AGOIBERT A. GEHItIG.
AUDITOR:
F. G. BRAN DT.
]IECORDER
iMARTIN KANE.
MARSHAL :
D. J. 1)T ANE.
ENGINEER :
M. TSCHIRGI, JR.
OFFICERS
IlF THL
CITY GOVERNMENT
OF THE
CITY OF DUBUQUE,
FROM ITS ORGANIZATION TO 1881.
TRUSTEES.
1837
T. S Wilson, Pres't, ) T. C. Fassitt,
J. 1'lumbe, Jr., Wm. Myers,
Charles Miller,
Timothy Fanning.
PS38. C. Dutr, Pres't, �ity,}
John
1e
Alex. BLtterwort,E.Lph, f e. Ruert
Pat'k Quigley, Pres't,
S.D. Dickson,
S. D. Dixon, Pres't,
T P. Farley,
1839.
E. Langworthy, 1
Dr. T. Mason,
184°.
Charles Miller.
Patrick Quigley.
Loring Wheeler,
Thos. C. Fassitt.
E. C. Dougherty,
OFFICERS OF 'FIE CITY GOVERNMENT. V.
MAYOR AND ALDERMEN.
Jesse P. Farley,
Charles Miller,
John Thompson,
Jesse P. Farley,
Timothy Fanning,
David Slater,
John Blake,
Elisha Dwelle,
Elisha Dwelle,
Robert Rogers,
1841.
CALEB II. POOTII, :MAYOR.
ALDERMEN :
E. Langworthy,
W. W. Coriell,
II. Simplot,
Timothy Fanning.
1842.
SAMLUEL D. DIXON, MAYOR.
ALDERMEN:
James Fanning,
Joseph Ogilby,
Joseph T. Fales,
A. Cline.
1843.
DAMES FANNING, MAYOR.
ALDERMEN
P. C. Morhiser,
John II. Thedinga,
F. Ii. O'Ferrall,
Joseph Ogilby.
1844.
F. K. O'FERR!LLL, MAYOR.
ALDERMEN :
John G. Shields, Timothy Fanning,
Robert Rogers, John H. Thedinga.
1845.
F. K. O'FEBI.ALL, 31AY of .
ALDERMEN :
Timothy Fanning,
John H. Thedinga,
John Blake,
John G. Shields.
Hugh Treanor,
Patrick Finn,
W. D. Waples,
Philip Powers,
John G. Shields,
L. D. Randall,
David. Decker,
L. Molony,
Caleb Ui. Booth,
Michael McNamara,
Morgan Curran,
rlugh Treanor,
Michael McNamara,
V1. OFFICERS OF •1I11.: riry 1H1V1:riNMENr.
'846.
F. li. O'FEHRALL, AY OR.
ALDERMEN :
Wm. H. Robbins,
M. Mobley,
Amos Matthews,
Lewis L. Wood.
/847.
P. A. LO RIMIEJI, MAYOR.
ALDERMEN :
Wm. H. Robbins,
W. J. Gilliam,
Antos Matthews,
Lewis L. Wood.
1848.
G E O RG E I,..N IGIIT I X G A.LE, MAYOR.
ALDERMEN :
Wm. H. Robbins,
tr. S. Hetherington,
John Gunn,
Lewis L. Wood.
r849.
WARNER ER LEWIS, MAYUIi.
ALDERMEN
J. J. E. Norman,
F. V. Goodrich,
Thomas Hardie,
John Gunn.
185o.
J. II. EMERSON, MAYOR.
ALDERMEN:
John D. Bush,
Robert Rogers,
Ed. Langworthy.
H. V. Gildea.
1851.
P. A. LORIMIER, MAYOR.
ALDERMEN:
Joseph Ogilby, John D. Bush,
Jesse P. Farley, Lewis L. Wood.
01; F'fl E1LO of TiW 1.'ITY i.ovERNMEwr.
M. McNamara,
Wm. D. Waples,
VII.
1852.
JESSE P. FARLEY, MAyon.
ALDERMEN
James Burt, Christopher Pekin,
Henry L. Stout, George McHenry.
1853•
JESSE P. FARLEY, MAYOR.
James Burt,
Thomas McCraney,
lien. M. Samuels,
M. McNamara,
John D. Bush,
James Ried,
E. Langworthy,
Patrick Quigley,
George Connell,
Patrick Quigley,
M. McNamara!
Morgan Curran,
George Connell,
ALDERMEN:
Edward O'Hare,
M. Mobley,
Henry L. Stout,
John D. Bush,
}
Anion Heeb,
George Wilde,
E. Langworthy.
r854.
JESSE P. .FA.RLEI , MAY oR.
ALDERMEN:
Christopher- Pelan, John King,
M. McNamara, Fred. Weigel,
Thos. McCraney, Edward O'Hare, I
Anton Heeb, Fred. E. Bissell. y
Matthias Ham,
/ 855.
J()II N G. SIIIELI)S, MAYon.
ALDEnMEN :
Fred. Weigel, y Edward 5pottswwood,
G. L. Nightingale, f John King.
Ben. M. Samuels, Mathias Ham.
Christopher Pelan,
1856.
I)AVID S. WILSON, 'MAYOR.
ALDERMEN:
M. McNamara,
- J. E. Norman.
Morgan Curran.
G. L. Nightingale.
Ben. M. Samuels,
N. Nadeau,
Warner Lewis,
Edward Spottswood,
Robert Mitton,
Mathias Ham,
G. C. Kreichbaum.
V1i1.
OFFICERS OF TUSE CITY [.7oV ERNMEti'1'.
/857
DAVIT) S. WILSON, MAYOR.
GEO. L. NIGIIT1NG ALE,
ALDERMEN :
M. McNamara,
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.
HENRYS. TIETHERINGTON, MA' OR.
ALDERMEN
M. McNamara,
Hugh Treanor.
Sarnuel Virden,
John 13. Lane,
Hugh Treanor,
Patrick Quigley,
John B. Lane,
George McIienry,
Franklin Hinds,
Geo. Ord Karriek,
B. 33. Richards,
N. Nadeau,
Robert Mitton,
Adam Jaeger,
Mathias Ham.
1859.
JOHN HODGDON, MAYOR.
ALDERMEN:
John Mehlhop,
Joseph A. Chapline,
Robert Mitton,
A. Kaufmann.
Patrick Quigley,
Hugh Treanor,
A. Kaufmann,
Geo. L. Matthews,
Mathias Ham,
John King,
186o.
HENRY I.. STOUT, '.4Aym it.
ALDERMEN:
Geo. Connell,
Geo. D. Wood.
Geo. L. Matthews,
John B. Lane.
Fred. Weigel.
John King,
John Bittmann,
OFFICERS OF 'r1T CITY GOVERNMENT.
Patrick Q+rig1ey,
Hugh Treanor,
Geo. L. Torbert,
Hugh Treanor,
Patrick Quigley,
13. Mulkern,
Hugh Treanor,
Patrick Quigley,
M. B. Mulkern,
Patrick Quigley,
1. H. Emerson,
Jno. Russ,
J. H. Emerson,
Patrick Quigley,
M. B. Mulkern,
/86 /.
HENRY L. STOUT, MAYOR.
ALDERMEN:
Jno. B. Lane,
Geo. Connell,
Geo. D. Wood,
Juo Bittmann.
IX.
Geo. L. Matthews,
F. Weigel,
Jno. Ruegamer,
1862.
J. II. TIIED.I:N (4 A, MAI-0a.
ALDERMEN
Geo. L. Torbert,
Geo. Connell,
D. S. Comings,
Peter Kiene.
Geo. L. Matthews,
J. Christman,
Jno. Ruegamer,
1863,
J. H. TIIEDIN GA., IlIAYoR.
ALDERMEN:
Jno. Russ,
D. S. Comings,
H. L. Stout,
Titus Schmidt.
J. Christman,
Geo. L. Matthews,
Peter Kiene,
/86 t.
JOHN TLIOMPSON, Mxvo1n.
ALDERMEN
M. B. Mulkern,
H. L. Stout,
D. S. Comings,
Jno. Ruegamer.
Geo. L. Matthews,
H. S. Hetherington,
Titus Schmidt,
1865.
JOTIN THOMPSON, III AYoR.
ALDERMEN:
L. N. Gibbs,
D. S. Cumings,
Henry Lernbeck,
John King.
H. S. Hetherington,
Jno. D. Bush,
Jno. Ruegamer,
N.
Patrick Quigley,
Arthur McCann,
Jno. Lucas,
I,. N. Gibbs,
Jno. Lucas,
N. C. Ryan,
13. F. Smith,
Thos. C. Fassitt,
Jno. Lucas,
Jas. Rowan,
Thos. C. Fassitt, I
lleo. W. Scott,
James Rowan,
John Lucas,
Joseph Gehrig,
John Lucas.
N. C. Ryan,
B. D. Lenehan,
oFFICY.RS OF THE errs' (1-oYI?lt\.1ENT,
1866.
JOHN THOMPSON, MAYou.
ALDERMEN
Benj. F. Smith,
II. I,embeck,
D. S. Cumings,
Jno. D. Bush.
H. S. Hetherington,
Jno. King.
A. F. Jaeger.
1867.
GRAVES, MAYOR.
ALDERMEN
D. S. Cunnings,
Iiilarius Pleins,
II. S. Hetherington, -1
II, P. Ward.
M. Kingman,
A. F. Jaeger,
M. W ening•
1868.
SOL OMON TMICR , MAroR.
ALDERMEN :
Joseph Gehrig,
Hilarins Pleins,
E. G. Young,
M. Kingman.
1869.
Thos. P. Coates.
M. Wening,
A. F. Jaeger,
W , J. KIN IC HT, MAYOR.
ALDERMEN :
B. D. Lenehan,
Ernst G. Young,
Hilarins Pleins,
Peter Kiene.
Thos. P. Coates,
Fred. Weigel,
A. F. Jaeger,
1870.
W. J. KNIGHT, MAYOR.
ALDERMEN :
Joseph Gehrig,
Hilarins Pleins,
J. M. Robison,
Fred. Weigel.
Thos. P. Coates,
Peter Kiene,
A. F. Jaeger,
+.iFFI['E1* tiF' '1'li;: t`1'i'T Got- ERN MENT. xi.
N. C. Ryan,
John Lucas.
Joseph Gehrig,
John Lucas.
Jno. P. Quigley,
J. C. Chapman,
Jno. P. Quigley,
A. A. Cooper,
John Pier,
A. A. Cooper,
Patrick Lagen,
.1. J. Linehan,
187 I.
DAMES BUILT, _MAYOR.
ALDERMEN:
J. C. Chapman,
J. M. Robison,
Ililarius Pleins,
Thos. P. Coates.
1872.
SOLOMON TI.nBCK,e
A. F. JAEGER,±
ALDERMEN:
John Pier,
filarins Pleins,
J. B. IIoward,
F. M. Robinson,
Patrick Lagen ,
John P. Quigley,
Philip Pier,
F. M. Robinson,
A. F. Jaeger,
A. Kaiser.
L. W . McMaster,;
A. H. Peaslee,
A. Kaiser,
A. F. Jaeger,
P. Kiene, Jr.?T
/873.
A. H. PE A S LEE, Mari] R .
ALDERMEN:
J. J. Linehan,
J.13. Howard,
John Krlyer,
James Beach.
J. W. Parker,
A. F. Jaeger,
A. Kaiser,
1874.
A. II. PEASLEE. MAYOR.
ALDERMEN
Philip Pier,
John Krayer,
Ilenry Iliine,
J. O'Hea Cantillon,
J. W. Parker.
John Maclay,
A. Kaiser,
Geo. Fengler,
/875.
.JAMES C1TSLIING, MAYOR.
ALDERMEN:
J. J. Linehan,
J. O'Hea Cantillon,
John Wunderlich,
John Maclay.
F. T. Walker,
Geo. Fengler,
M. Blumenauer,
*Solomon Turck. resigned. *L. W. McMaster, died September, LS7:.
+A. . Jaeger, appointed to fill vacancy, September 5, 1572.
%A. H. Peaslee, appointed to fill vaoancy-
4P. Iglene.Jr., appointed to fill vacancy, Septembers, 1872.
John P. Quit;leY ,
Arthur N1cC,tlttl,
J. 1 • Linehan,
Arthur McCann.
OFFICERS OF TIIE CITY G(1ti ERNIIENT.
r876.
GEORGE B. BURCH, MAYOR.
ALDERMEN
Philip Pier,
John Wunderlich,
J. t)' Ilea Cantillon,
F ..1 T. Walker.
M. M. Walker,
M. 131nmenaner,
John M. Lillig.
r877,
GEORGE B, BURCH, M }ort.
ALDERMEN s
J. J. Liv.ehau,
J. O. ilea Can tMon,
Peter Fay,
M. M. Walker.
John (J'Neilla
John P. Qalgley.t
Arthur McCann,
J. J. Linehan,
Arthur McCann,
John O'Neill,
Theodore Altman,
��r
John D. 113ush.,
John M. Lillig.
Louis Doerfler,
r878.
J. Ki IGIIT, "MAN ou,.
ALDERM i L :
Theodore Altman,
Peter Fay,
Michael iirnwn.
Jolln I). Bush.
Joseph =Herod,
Louis Doerfier,
John A+ I. Lillig,
1879,
JOHN D. BUSH, MNYot.
ALDERMEN
J. J. Linehan,
Michael Brown,
B. W. Jones,
Joseph Herod,
tQuigley resigned April, 1878.
C. Leckie,
John M. Lillig-
Louis Doerfler,
O'Neill appointed toSill racaneY•
REVISED ORDINANCES.
CIIAPTER I.
AN ORDINANCE establishing the City Seal.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That the seal heretofore provided and used by and
for the city of Dubuque, leaving in the center the words "LA
PETITE Neu" and around the edge "SEAL of 'riI]': OLTy OF
DL.BLgrE, Town." is hereby established and declared to have been
and now to be the seal of the City of Dubuque,
CHAPTER IL
AN ORDINANCE to define the Boundaries of Wards.
SEC. I. Boundary of First Ward. SEC. 4. Boundary of Fourth Wards
2. Boundary of Second Ward 5. Boundary of Fifth Ward.
i_ 3. Boundary of Third Ward.
13e it Ordained by the City Council of the City of Dubuque
SF:CT1oN 1.. That the city of Dubuque shall be divided into
five wards as herein numbered and described; the first ward shall
include all that part of' the city contained within the following,
14 REC1sE1) CTl'1 ORllI N:L\S'1:�.
limits, viz : commencing at the point on the Mississippi river
at which a line in the center of Main street intersects said river;
thence along said line and through the center of Main street to
the point where the center line of Fifth street intersects the
ICa
center line ofa a1n street; thence westwardly alone the center
line of Fifth street to the old corporation continuationne, thence
street, (as
south -west-
wardly along the center line o
exhibited on Potter's map of Dubnque,) until the center line of
said street intersects the center line of Third street, as exhibited
long the center line
on the same neap; thence north-vvNthitiy b exhibited on said map, being
of Third street to its terminationsex
en the east boundary of Mineral lot No. 150;theeestwa dry
across Mineral lots No. 159 and 160, to the south-east
of
Mineral lot. -io. 161; thence westwardly aloligr the south bound-
ary of said. 111ineraal lot to its south-west corner; thence north -
westwardly along the boundary line between Mineral lots
162 and 163 to the south boundary of the sub -division of the
Gilliam lot (as exhibited on Potter's map of Dubuque); thence
westwardly along the south boundary of said surf -division, to
the west boundary of the city of Dubuque;
iuq rle'f thence sni l socituth ttlen g
i
said west oundary to the south boundary
along the south and east boundaries thereof to the place of be-
ginning.
SEa. 2. The second ward shall include all that part of the
city lying south of a line commencing at the point where the
ain
center line of Eighth street
vardl ay tersectalor>;r,the lcenter linecenter r of l)=,t�lltla
street; thence north-east
street to the Mississippi river, and east or north-east of the
center line of Main street, commencing at the point above named
and continued through said street and in the direction of the
same south-east.wardly to the said river.
SEC. 3. The third ward shall include all that part of the city
lying eastward of the center line of Main street., and betweein
the center line of Eighth street ve1'��entlndto �t e tthe
continuedllto
river, and the center line of Se
said river.
HEVI'EI7 Crl'1 D1ZIlitiANC1:>.
15
Sno. 4. The fourth ward shall include all that part of the
city lying westward of the center line of Main street, and be-
tween the northern boundary of the first ward, and a line com-
mencing at the point where the center line of Seventeenth inter-
sects the center line of Main street; thence westwardly along,
the center line of Seventeenth street to where the saute intersects
the center line of Mineral street; thence along the center line of
Mineral street to the west boundary of the city.
SI•:e. 5. The fifth ward shall include all that part of the city
lying north of the northern boundary. of the third and fourth
wards as herein described.
CHAPTER Ili.
AN ORDINANCE to regulate Elections.
SEC. 1. city Council to appoint Judges.
3. City Recorder to issue Certifi-
cate of Appointment.
3. judges to fill Vacancy.
4. All Persons to take Oath.
Sac. 1. All Officers to give Bonds
E. Salaries es to be fixed by Council.
7. Refusal or neglect of duty pun-
ished.
8. Term of Office not to exceed one
year.
Be it Ordriined by the City Council of the City of Dubuque:
Snc m:s' 1. 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 shrill lie published in the proclamation of the Mayor, which
shall be isaned in contormity with Section 4 of the City Charter,
and shall specify the officers to he elected, and time for opening
and closing of the polls. The judges and clerks of election shall
be allowed for 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 ont and deliver to the City Marshal, a cer-
tificate 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 fappointnient. The. City Council may, at the time of'
appointing the judges and clerks of election, appoint from the
1
ti
is
I.,
le REVISTal CITY 0 R1YSANCES,
e.
legal -voters of the ward, an alternate in the placel of ach of
oray
persons appointed judges and clerks, and
serve as judges or clerk, in case of etondneglect or of usal of any
of
f
the persons appointed as judges
or be notified of their appointment as alternates in like manner as
the judges and clerks.
SEC. 8. If any judge or clerk of election, shall refuse to act,
or shall not attend at the time ti,od t'or the opening of the polls,
the vacancy shall be tilled by the alternate; rdtu be and if no alte hate
the
shall attend, by a legal voter of the
majority of both judges and clerk in attendance.
Sue. 4. All persons elected or appointed to any city office,
shall take and subscribe an oath �otlln� ed in due
otid xiinnstebefore
aSl oath,
Mayor or any otherperson
before entering upon the duties office. to No person not a
ay office of the
qualified voter shall be elected
or appointed
city.
SEC. 5. The Recorder, Treasurer, Auditor, Marshal, Iiarbur
!Raster, and such other officers as may be required
execute Yon by
the City Connell, exeept the City Judge,
with good and snfhclent sureties, �n such
and DS as 1e a failure so
onnell
may direct, in the form require
to do by an officer so required within fn leshvacationmthe
time
of
his election or appointment, shall e des a ml
s
when approved by the
office. All official bonds of city officers, Council, shall remain in the custody of the Recorder, and shall
not be surrendered without the authority of asieed the ounwitMlle City
vided, That the Recorders bond shall P
Auditor. y the
SEC. 6. The salaries of allcity
officerssed oreduced hall be �lieldlehe the
City Council, and. may bet the City Coun-
cil, shall so determine. All officers, ekesp
who shall be entitled to le`erxiersts,ve gtoal�eslnadesttisssUnln as
paid the same in monthly p�a
racticable after the first regular meeting of the Council in each
l7
RECI:41-1) CITY U1t1IlANCRS.
17
months, a statement cf the amount due sueli officers respectively,
having been first sabinitted to the Council, and approved by
them.
Sj c. 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 resolittion 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 neglect, 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 Sec-
tion 39 of the City Charter.
SEC. 8. That all city officers appointed by the City Council,
when not 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.
SEC. 1. Rond to he presented to City Sea. 2. All Official Bonds to be filed
Council. with Recorder.
Be it Ordained by th.e City Council of the City of Duvac.rue:
SnurioN 1. That all officers in said city who are required to
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 aiid sufficient securities, resident freeholders of said city, in
such penal sum as the City Council may by resolution fix and
determine therefor, which bond shall be conditioned that the per-
son so elected or appointed to such office shall faithfully perform
the duties of the office to which he may be elected or appointed,
that lie 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 fhr all balances of
(3)
• is
ce,
money relna:ining in his hands
reasonablet the 'rmination dil fence of and
d•sc€ 1.eI in
and that he shall exercise
the preservation of all books, papers, money 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 de-
mand and receive the same.
ed
ing
SEC. 2. That all official bonds ulinc.lue,as la.ndlr if te accepted, eland
section, shall run to the city shall be filed in the
securities approved by the City Council,
office of the city recorder, and by hire securely kept., and in case
of the breach of any condition thereof, such
thelpe'ond shall be prose-
rsva s � hoe naanes
crated in the mane of the city,
are subscribed thereto, ortheir personal representatives, before
ved
Any court having jurisdiction,
dthe lc..tmoneys a-,tihe r`�� r other city
or secured, shall be paid 1
money : Provided, That the bond of the city recorder shall be
deposited with ,ind kept by the auditor.
rtEVISED CITY ORD11.1NOES.
CHAPTER V.
AN ORDINANCE relating to City Property.
szc. 1. °IIioors to file list of City Prop- Stye. 4. No officer to deliver property'
wit limit Receipt.
cityc s13c. 1. Ueceipts to be made in duplk
i �C, ?, To i3,r1,)�1e honks.
SEC. 3. To file List as purchased.
SEC. $. Not
Iu o suffer property to k F'
Be it Ordained by the City Coun it of the City of Dubuque:
SECTION 1. That it shall be the duty
a1;I�each id every
property
officer
of this city, in possession of any 1r11 personalof
belonging to the city, within
lewith the city days next Ltter the a.u`.]itu , laafiaileudd
this ordinance, to make and
specific list or schedule, of all 1 every
�v r to rticlehe t} rirarthisicles
post
whatevero
final and description belonging
-withhis signature subscribed
or Tinder his control,
thereto : Provided, That the list or schedule to be made by the
city anditoz•, shall be filed with the city treasurer, and every
officer hereafter elected or appointed, shall, on entering upon the
duties of his office, file a like receipt.
I1EVIsEn GI'l'Y ORDINANCES. 19 -
SEC. 2. The list or schedule to be made and filed by the re-
corder and treasurer, shall include, by specific name and descrip-
tion, all books of record, or account, relating to the affairs of
the city, and all printed books and pamphlets, 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 thereby required, it shall be the duty of every city officer, as
often as he shall receive into his custody by purchase 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 file the city, immediately to
file a receipt. therefor with the citv auditor, stating therein when,
of whom, and by what authority lie obtained the stone.
Sac. 4. That no officer having possession or control of any
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 salve, and
shall first have executed and delivered a specific receipt there-
for.
SEE. 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 out-
going officer shall be entitled to auy allowance of unpaid salary
tor 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 may be accountable.
SEC. 6. That if any officer of this city shall suffer any prop-
erty thereof, in his custody or tinder his control, to be lost, or to be
injured or destroyed, and unless Ile can show, to the satisfaction of
the City Council, that such loss, injury or destruction, was occa-
sioned by circumstances lseyoud his control, and tliaat 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
20
such property within such time as the City Council may fix,
the
nt of
value thereof shall be deducted retained amountoof his sue,
di Er
if the value thereof shall exceed the
or to become due, he shall be liable therefor on his official bond.
REvisEn CI'rY oni.)1;ti:11C1'l'.
CHAPTER �rz
AN ORDINANCE to define the duties of
Dubuque.
sac. 1 hl
fiyor Chief Executive Officer.
t3Fc. 5.
II
6.
Hee n+nhatay callve suspecialperFisloumeetingsofC.
ity
Officers.
Be it Ordained by the City Council of the City of Dubuque :
of
SFc'rlox 1. The Mayor shall be tlleller inin 1 la,Ichief rst of thofficer e State,
the city, and shall take care that
and the ordinances of the city
duly
totlle City Couucillin. the city.
inf'orinatio I
He shall from time to givetimeand make such recommenda-
tions regard to the affairs of the city,
as he inay deem advisable.
SEc. 2. He may call special sessions of the City Council at
any time, by giving each member thereofar -ashlar ebnotien of
in
such meeting, sent personally by t
writing left at his usual place ]�• ise residence,
stating made.liisle duttilto [call
place of such meeting Lind
a special meeting of the Council
ii'1 ,►ly l en l tl e wale shall111)011 El3awe
re-
quest of five members thereof ; a
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, exam
ine into the condition of their respective off offices,
t e books.
papers and records therein, and the map
their
business, and may call upon any
nertaifficer of the iliug to thecity for f'Iulctiouslut111is
tion in relation to any matter 1
office.
Sc.l
i4. 'I`lie Mayor part of any citrt y to th
e y 1pofficernell �l�which violations
s1ia11
or neglect of duty on the -
the Mayor of the City of
IIe to report neglect of duty.
He to sign all contracts.
He to dill the Police force to his
assistance.
R7=;FIT;3p CITY ORDINANCES.
21
comae to his knowledge, and when lie 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. j. The Mayor shall, on behalf of the city, sign all con-
tracts 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 leis or their part of the contract. He shall sign
all ordinances adopted by the City Council.
SEc. F. Tie shall be a conservator of the peace within the
citv,.and may call to his assistance the police force of the 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 snip not less than five, nor
more than one hundred dollars.
CHAPTER II.
AN ORDINANCE to define the duties of the Recorder of the City of
Dubuque.
SEC. 1. -Duty of Recorder.
i<. Be to have custody of Ordinan-
ces.
3. Hr to record in separate book.
4. He to keep seal of city.
5. IIe to keep register of Licenses.
SF.C. 6. He to draw orders on Treasury.
7. He to keep Warrant. Book.
S. He to Report to Council.
9. He to keep records and papers.
10. He to keep a list of Committees.
11. He to furnish copy of records.
Be it Ordained by the City Council of the City of .Dubuque :
SncrroN 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 au 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 salve;
shall issue all notices of regular and special elections required
to be given by law, or in pursuance of any resolution or ordi-
nance 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
'2
REVISED CrrY ORDINANCES.
special meeting of the board. He shall notify all eornrnit.tees 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 sticlr other duties as are required of
him by law, ordinance, or resolution.
SEC. ?.. He shall have the custody of all ordinances passed
by the City Council, and shall record the same at. length in a
separate book to be kept for that purpose, and properly index
the same; and it shall be his special duty to see that all ordinan-
ces are promptly and correctly published in the official papers of
the city, and sue!' 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 pnrpo:e, all resolutions and orders of the City
Council, all reports of every officer, committee and jury in rela-
tions to the laying out or altering of any street, alley, or high-
way, or in relation to the grading, paving or macadamizing
thereof, or in relation to the grading, paving, or curbing of any
side -walk; also, all notices issued, with
t.l theprinter
return
me npot the ofngfithe
eer
serving the same, and the affidavit 1
same, of the publication thereof. IIe 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. 4. He shall keep the seal of the city, and shall duly
attest thereby all deeds, contracts l�rd of deeds ar�rlher ers c.ontrqact Brto
and
be attested. He shall keep
shall enter therein correct copies of all deeds and contracts exe-
cuted try, or in favor of the city, except deeds for cemetery lots,
of which lie shall enter in a separate book, the date, name of
purchaser, number of lot and amount paid for the same; and
shall properly index both of said books.
REVISED CITY ORDINANCES.
`?3
SEC. 5. He shall keep a register of all licenses and permits
granted by the city, noting the time when. issued, the business
or purposes for which issued, the person to whom issued, 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.
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 fbr that purpose,
but he shall not draw several orders for smaller amounts to can-
cel any order for a tar ger amount. He shall also keep a. record
for all orders drawn by hire on the treasury and specify the
number, date, amount, drawer's name, upon what fund, and the
purpose for which the same was appropriated.
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 nurnber, date, amount, drawer's narrie, upon
what fund, of all warrants lie may issue by order of the City
Council, and before delivering any warrant shall respire 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 attached to the marginal
back.
Snc. 8. He shall report to the City Council at every regular
session, a correct aceoutt of all receipts for money 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 hirer on the
treasury, specifying the date, amount, drawer's name, and upon
what fund drawn, which report, when examined by the Council,
shall be filet] with the Auditor.
SEC. 9. He shall keep all records, papers and official docu-
ents belonging to said city, with the ordinances, votes and
24-
REVISED CITY oRIHN iNCES.
proceedings of the City Council and of the City of Dnl.iug,le,
and all returns of assessments and of elections for city officers,
and of the appointments of all officers for the city, and shall, as
soon as practicable after each meeting of the Council, prepare
an abstract of the business transacted. and a correct cagy of all
ordinances adopted, and shall deliver them immediately to the
city printer for publication, and shall not allow any palters or
documents to be taken from his office without the consent of the
Council or by their direction.
SEC. 10. 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. 11. He shall furnish to any city officer a duly certified
copy of any record, paper, or pnblia document made or filed in
his office, when the same shall be necessary, to saki officer in the
discharge of his official duty; and he shall furnish alike copy
to any citizen -when required, and he will be entitled to receive,
to be paid by said citizen, the surd of fifteen cents for every one
hundred words said copy shall contain.
CIIAPTEll VIII.
AN ORDINANCE to define the powers and duties of the City Marshal.
SEC. G. He to pay to treasury monthly.
Sc.i1. Dutyea eaMt persons. i. He to keep correct account.
Z, He to arrest charge e 8. 'He to settle in March every year.
4. He to have o intgDeputies,f HRll 9. IIe to attend City Court.
5. e may execute 10, He to notify City Attorney.
5. He to execute all process. 11. Neglect of duty punished.
Be it Ordained by the City Comacil of the City of Dubuque :
SEC. 1. That it shall be the duty of the city marshal, and he
is hereby authorized and empowered :
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 require-
ments thereof, by any person or persons, and to prosecute the
person or persons guilty thereof.
REVISED CITY ORDINANCES.
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 attorney 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 o#'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 tolaw.
Fourth —To report and cause to be abated, or removed with-
out the city, any nuisance found therein, or which may be re-
ported to him by the proper officers or by any citizen. To exe-
cute and enforce the orders of the health officer in relation to
Nuisances and the removal of persons infected with contagious
diseases.
Fifth —To perform such other duties as may be prescribed 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 sup-
pression 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 citi-
zen who shall refuse or neglect to obey the slllnreions 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 com-
plaint 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 Ball, 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
(4)
26
REVISED CITY ORDINANCES.
may be needed, to see that all fires and lights are extinguished
in and about the same on the night of each day on widell 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 build-
ings belonging to the city, except the engine -houses, and shall
report the condition of the same from time to time to the City
Council.
SEC. 4. The City Marshal may, and he is hereby authorized
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. 5. 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. ]Ie 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 imposed by any
court in behalf of the city, and take from the Treasurer dupli-
cate receipts for the salve, one of which he shall immediately
file with the Auditor.
Sic. 7. He shall keep a correct account, in a book provided
for that purpose, of all moneys which may come into his hands,
from whatever source as said Marsha ,, stasubmitti
ng
from asuch bond whom
c
on what account the same was paid;
he when required, to the inspection of the Mayor or fait} Council,
or any committee thereof, for their examination.
Sco. S. ITe 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 lie shall make a written statement on oath,
showing a full account of his receipts and disburseinents which,
shall be presented to the City Council for their approval.
REVISED CITY ORDINANCES.
:47
Sir. 9. He shall attend all sessions of the city court when in
operation, preserve order therein, and execute the process and
orders of the same. IIe shall keep safely all property found in
the possession of any one arrested for crime, and deliver over t]ie
sane by order of the court by wlroiu such person may be tried.
SEC. 10. He shall notify the City Attorney of all prosecu-
tions brought for violations of any city ordinance wherein his
services may be required, before the same is submitted fin. trial;
shall attend all meetings of the City Council, and do the duties
of sergeant -at -arras when required.
SEC. it If the City Marshal neglect or refuse to serve any pro-
ee3s or notice duly issued to hills by any authorized officer of the
city, or neglect any of the duties of his said office, or shall dis-
charge 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.
CHAPTER IX.
AN ORDINANCE to define the duties of the Treasurer of the City of
Dubuque.
SEC. 1, To collect and safely keep all CEC. 3. To bo collector of city.
money.4. To torsi over books at end of
:. To pay money on orders. term.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1, That the Treasurer of the City shall collect, re-
ceive anal safely keep all honeys due or to be paid to the city,
and for every shin So received by slim, he shall execute and
deliver to the person from whom such sum shall be received,
duplicate receipts, and shall at the salve 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 writ-
ten 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 salve shall have been so countersigned. IIe
REVISED CITY ORDINANCES.
28
shall keep true and correct accounts with each fund, of all re-
ceipts into and disbursements from the city treasury, and shall
at the close of each month, prepare and file with the City Audi-
tor, a statement of the same fbr the month th next preceding, and
of the amount of money then in the treasury. He shall keep a
record of all orders paid by hive, or received in payment of any
dues to the city, stating the lumber and amount of the same, to
whom payable, on what fiend 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 Ccoumitte of the City Council,
submit to the inspection of said committee all looks, 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 Recorder, which
orders shall be signed by the Mayor, or in his absence by the
president pro tem. of the (city Council, attested by the Recorder
and countersigned by the Auditor, and all orders so drawn and
paid shall be vouchers for his disburseinents, and if on presen-
tation for payment of any order so drawn there be no money in
the treasury belonging ote 1ld ouf endot rsejonreh suchidrrde order
the
is
made payable, he shall,ifrelnired,
date of presentation, and keep a record of the same.
SEC. 3. The Treasurer shall be ex-o$icio the collector of the
city, and shall perform all the duties required by law or ordi-
nance, to be performed by the city collector.
SEC'. 4. At the expiration of his terns of office, the City
Treasurer shall turn over to his successor in office, all books,
papers and moneys in his possessi�nclslshs �ll snake a full and final
reasurer and Collector,
taking a receipt for the same,
report of his doings to the City Council previous to ids surren-
dering his trust.
REVISED CITY ORDIN.A CE5. ')':I
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.
3. To sco that officers report.
6. To attend olnce.
Be it Ordained by the City Council of the City of Dubuque :
SEc'rioti 1. That the Auditor shall be the general accountant
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 affhirs, 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 alidadjust all claims against the city,
for the payment of which any money may be drawls out of the
treasury, and to certify to the City Council the balance or tree
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 tI•easurv, : peelfviIlg the date. number and amount,
the name of the person to wliomn, 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, tak-
ing receipts therefor, and charging the salve, when delivered, to
the proper accounts.
Fifth --To keep an iccoulit 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, aid the
30
REVISED CITY ORDINANCES,
place where, the principal and interest are payable, with the rate
of interest.
Sixth —To keep in proper looks, 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
leave been received, and crediting him. with all warrants drawn
on the treasury and paid by hint.
Src. 3. The Auditor shall keep separate accounts with the
different. finds in the treasury, and of any revenue -which may be
set apart and appropriated for any particular object by law, or&
nanc.e or resolution of the City Council.
Si:c. 4. Whenever, upon the adjustment of any account, a
sum of money shall be fouled 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 the ac-
count, the Auditor shall certify the amount clue, to the City
Council at its next meeting thereafter. Tie shall, when required,
furnish the ('ity Council with copies or abstracts of any boa.s,
accounts, records, vouchers, or documents in his office, or any
information in relation to anything pertaining to his o.di;c.e, or to
the revenue of the city, and shall at all times permit any mem-
ber of the Council to examine the books, -papers, or documents
in his office.
SEC. 5. The Auditor shall see that all officers having the col-
lection or receipt of money for the city, shall make report and
payment of the Name, at the time required by ordinance, or
when not so required, within a reasonable time, and on failure
of any officer to awake such report and payment, the Auditor
shall notify the Council at their next regular Meeting thereafter.
He s1iad1 make and. present to the City Council semi-annual re-
ports, in proper femur for publication, of all receipts and expen-
ditures of money belonging to the city for the six months pre-
ceding the date of such reports, ending wit11 the month of
February and August in each year.
REVISED CITY ORDINANCES.
31
SEc. f1. Ile shall be in attendance at his office for business,
from the hour of 9 A. N., to 13 >t., and from ?. to 4 r. x., of each
secular day, legal holidays excepted.
CIIA.PTEB XI.
AN ORDINANCE to define the duties of City Attorney.
Sep. 1. Duties of Ctty Attorney. SEC. 2. Must be licensed to practice law.
Be it Ordained by the City Council of the City of Dubuque
SrcTloN 1. That it shall be the duty of the City Attorney :
First --To prosecute and defend all snits and actions to he
brought or pending in any court in this State to which the city
is a party, or in which, in the opinion of the Council, the inter-
ests of the city are brought into controversy, or in which the
official acts of any of its officers, servants, or agents are involved.
Second --TO advise the City Council, or their committees, or
any city officer, on such legal questions as may arise in relation
to the business of the city, ainl 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 snits in which the city is a party, commenced
or pending, stating the names of parties, wheii brought, and in
wheat court., nature of action, navies of witnesses, what steps
have been taken, and what are necessary to be taken, before the
trial or next tei'ni of the Court, and all other facts and particu-
lars 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 successor, 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 his
o ieial Capacity.
Fourth—Iie shall perform all other services in the line of his
profesbion, connected with the Lbusiness of the city, not herein
32
enumerated, and shall in all cases be sub}ect to the direction of
the City Council.
Fifth. lie shall report to the City Council at the first regu-
lar meeting in _March in each year, an abstract of all since skis n
which he bas been engaged in behalf of the city,
election or appointment, with the result or condition of the
same.
SEG. 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.
REVISED CITY ORDI?'NANCES.
CHAPTER XII.
AN ORDINANCE to provide for the appointment of a City Engineer
for the City of Dubuque, and to define his duties,
sue. 4. To make suitable plats.
b. To fix grades.
6. To have charge or plate.
s c. 1. City Council may appoint.
2.. fluty of )+angiacer.
3. To survey and plat streets.
Be it Ordained by the City Council of the City of Dubuque:
SECTioN 1. 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 upon 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 sI-ecessor 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 discon-
tinued at any time, by vote of the City Council.
Sic. 2. That it shall be the duty of the City Engineer, at any
tune when required by the City Council, to survey and plat, and
make as accurate an estimate as practicable, of any improve-
ment hi the streets, alleys and highways, of said city, contem-
plated or proposed by said Council, and in .raking such survey.
the said Engineer shall designate by suitable marks and stakeS1
.01
REVISED CITY ORDINANCES.
33
placed in the ground, the situation and character of such im-
provement, as surveyed and estimated by bini, so that the salve
may be examined by any person desiring to contract for doing
the same.
Si. 3. That whenever required by the City Council, the
city engineer shall survey and plat any street, or highway, con-
templated to be opened in said city, and shall return the same to
the City Council, accompanied by such notes and explanations as
shall present a Blear description of the route•of such contempla-
ted 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 thereof, with the amount of land
proposed to be taken from each .
SEC. 4 That the said engineer shall, as soon as practicable
ascertain and designate upon suitable plats thereof, to be by hire
prepared, the grade of ea.cli street or alley, hereafter opened in
said city, and shall also designate the same by some suitable host.
or 1r.ark, fixed at each crossing, or on some permanent nonnnrent
near thereto, and shall report the salve to the City Council for
their consideration, and hi case the council shall snake any
change in the grade of any street or alley, the engineer shall
designate such clean rc iipolr the monument by hint placed or
designated, as aforesaid.
Snc. 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 salve where the
grade of the street has been fixed and established, and to fix a
stake at each corner 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 hint.
SEC. 6. That it shall be the duty of such engineer to take
t'barge of all the books, plats and surveys of streets, alleys and
(5)
stre
SW. 4. Duo be peac p fficer.
ets in order.
5.
34 REVISED CITY ORDINANCE'S.
grades belonging to the city, and safely keep the same, and on no
occasion permit the same to pass out of his possession, except
upon order of the City Council.
CHAPTER XIII.
AN ORDINANCE to provide for the appointment of a Street Commis-
sioner, and to define his duties.
SEC. 1. City shall appoint•
2. To take charge of streets.
3. To report plans and estimates.
Be it Ordained by the City Council of the City of Dubuque :
SEc ]'ION 1. That whenever they shall deem it expedient, the
City Council shall appoint a suitable person street commissioner
for the city, whose powers and duties shall be such as are defined
by this ordinance, or as may be prescribed by the City Council,
and who shall hold leis office for the e>ftna f one °' and until
�'� vided,
his successor shall be duly appointedqualified ;
That such term of office shrill 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 dnty of the street commissioner
to take charge of all thelwork beingdn
ets, eys done thereon, therennd �.whether athe
under
and to superintend
contract or otherwise. Ile 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
rt
of the council is necessary in relation
1 e thereto,
onsi considers oishall
ers �Fithoaii
with a suggestion of wlr�r
estimate of the expense necessary to be incurred in carrying out
the satire.
SEC. 3. That. whenever required by the City Council he shall,
in connection with the city engineer, carefully examine and re-
port to the City Council, a plan and estimate. as nearly accurate
as practicable, of any contemplated improvement or alteration,
REVISED CITY ORDINANCES.
33
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 improvement or work may be in progress, and
no work done under any contract slrall be finally paid for, or the
contractor released, until the same shall be reported complete by
the street commissioner.
Sic. 4. That it shall also be the duty of the street curnmis-
sione.r to see that all ordinances in relation to the streets 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 f'rorn filth and all nuisances.
the streets and highways of the city.
SEC. 5. Tlie street commissioner shall be a peace officer in
and for the city, and shall have power to arrest with or without
warrant, any person wlrorn 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 tke City of Dubuque:
Srx:Trox 1. That there Shall be elected at the anneal 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
immediately enter upon the duties of his office as provided by
ordinance.
36
REVISED CITY ORDEN:Lti❑f:S.
0LIAFTER XV.
AN ORDINANCE in relation to the Public Landing and to regulate
Wharfage.
SEC. I. Harbor Duster.
Duty of Harbor Master.
3. Steambosst. lauding.
4. Private wharfloets on levee
prohibited.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That the City Council may, whenever they shall
deers 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. Ile shall have power to act as a
police officer, and to arrest without warrant, any person „hulas
he shall -find violating any of the ordinances 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. ia. That it shall be the duty of the Harbor Master to
collect froiu fill boats and rafts, such rates of wharfage as may 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 saute to be removed to the places assigned; Provided, That
no boat or raft shall be compelled to leave any place while dis-
charging or receiving freight, unless a landing at such place shall
be prohibited by ordinance, or another landing shall have been
previously designated by the Harbor piaster.
SEC. 3. That the portion of the public landing sotitlt of First
street is hereby exclusively appropriated as a steamboat lai;cling,
;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 whereby the conveni-
ence of the owners will be promoted, if the landing of steam-
boats and their barges will not, in his opinion, be interfered
with in any manner by such landing.
SEC. 6. Nha Fug wharfage
Wood. boats.
Pcilatty.
S. Resisting officer punished.
REVISED CITY ORDINANCES.
37
Sr:c. 4. No steamboat company or person or persons shall,
without permission of the City Council, place or station daring
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 be
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 matter. And after notice of twenty-four hours to remove
said wharf, dock or landing, if the same shall not be so reproved,
it shall be the duty of the Wharf .Master to remove the same
away from the front of the paved wharf and Iranding 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 specified : Provided,
That any boat or barge landing any other freight, shall be sub-
ject 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
tiiue than three days without consent of the Harbor Master, and
any wood which shall remain upon the public Ianding for a
longer time t.ltan three days after the Harl,or Master shall have
given notice to the owner or person having charge of such wood
to remove the satire, shall be subject to wharfage at the rate
herein provided for, each three days that the same shall so re-
main.
Sr:c. T. If any person, commanding any steamboat, water
aft, or raft, or having in charge any lumber or wood, liable to
pay' wharfage to the city shall land the name within the limits of
the city, and neglect or refuse to pay the wharfage ,above speci-
fied, on demand being' made therefor by the Harbor Master, he
shall be deemed guilty of a misdemeanor, and upon conviction
thereof, before any ,Tastice of the Peace, or other court, shall be
fined not less than five, nor more than one hundred dollars.
3S REVISED CITY ORDINANCES.
SEC. 8. If any person shall resist, or e ltheny discharge manner
odlor
abet in resisting the Harbor Master wlril
is
duties, or shall neglect or refuse to obey any lawful guilty ordof armi ven
by him in the discharge thereof, he shall be
e-
meanor, and on conviction thereof, shall be tined not less than
live, nor more than one hundred dollars.
CHAPTER XVI.
AN OEDIN ANCE to provide for regulating Weights and Measures:
SEC. 1. Council to appoint Inspector. SEC. 4. To inspect each year.
5. Entitled to fees.
$. Duty to inspect weights. B. To Registor.
3. Duty to mark them inspected.
Be it Ordained by the City Council of the City of Dubuque
SECTION 1. That the City Council shall appoint in each year
an inspector of weights and measures, and sltall provide correct
and appropriate standards for the purpose of testing and prov-
lug all weights, measures, scales, beams, steel yards, and other
weighing instruments, �n lid i standards
1�eddbyslalw�rl to the
standards of the statecounty,
Sic. 2. That every person engaged in the buying or selling
of goods, wares or tnerchandise, using weights, Measures, scales,
beams, steel yards or other weighing instruments, in weighing
or measuring any article intended toe purchased
dbor s,ldeel n
this city, shall cause such weights, measures,
yards or other weighing, instruments, to be sealed and marked
by the Inspector and sealer of weights and lneasure.s for said
city, and if any person shall use any 1ve.ight.s, measures, scale,
beans, steel yard or other weighing instruments for weighing or
measuring any article for purchase or sale in said city, not so
sealed Or marked as aforesaid, or shall use in buying or selling
any false weights, measures,
eams, la
s, or other
weighing or measuring, instruments, Whether 1lesatnshall have
Ire shall forfeit the
been inspected and sealed as aforesaid, or not,
penalty of not less than five dollars, nor more than fifty dollars
for each offense.
REVISED CITY ORDINANCES.
39
SI:c. 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 conf'ortn to the
established standards.
Snc. 4. That it shall be the duty of said Inspector, and sealer
and he is hereby authorized to inspect and examine at least once
in each year, and as much oftener as he rn ay 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 neighing instru-
ments to the said Inspector and sealer, for the purpose of exam-
ination and inspection as aforesaid, such person shall forfeit the
penalty of five dollars for each offense, 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 offense.
SI_c. 5. That the Inspector of Weightsand Measures shall be
entitled to receive as fees for inspecting, regulating and sealing
weights and measures, from the persons owning and using the
same, the following sums, viz: for platform scales with weights
belonging thereto, fifty cents each; for counter scales with
weights, twenty-five cents each; for beam scales fbr weighing
1000 pounds and upwards, fifty cents each; for smaller denomi-
nations, 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 de-
nominations, fire cents each; for wine measures, three gallons
and upwards, ten cents; smaller denominations, five cents each;
tar each yard measure, five cents. But it shall not be lawful fi,r
the Inspector to collect or receive the aforesaid charges for in-
specting and examining weights, measures, scales, beams, steel
yards and other weighing instruments, more than once in each
year, from the same person for the salve instrument, unless not
t�rund Conformable to the standard.
40
REVISED erTT ORDINANCES.
SRC. 6. That it shall be the duty of said Inspector and scaler
to make a regular register of all the inspections and examinations,
in which he shall state the names of the persons for whom such
inspections arld examinations were made, and whether the
weights, measures, etc., conformed to the standards, alyd it shall
also De his duty to report to the City Council the mimes 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.
SEC. 1. Market Buildings.
2. Rent of stalls.
3. Care of ilarket Master.
4. Not open on Sunday.
5. Purebaser not sell again.
6. Unsound meat prohibited.
7, No person to lounge in.
8. Not to Fell outside without
license.
9, Market "how understood."
10_ Not to sell l,utside, Zl. Penalty.
fl. Guilty of offense punished.
12. No dealer to buy between hours of 6 Y. at. and 9 n. M.
Be it Ordained by Mc City Council of the City of Dubuque;
Si e'r1.oN 1. That the building on the cornern of
ftMane and
Jones street, known as the First Ward Market, d tbuild—
ingas the
on Thirteenth, -between Clay and Iowa streets, en
Central Market, with as much of the streets adjacent thereto, as
may be necessary for the purpose, are hereby established as pub
he 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.
SF:C. 2. The rents of stalls in either of the markets of the
city, shall he 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 of-
fered for sale on first day
the by of May in
San. 13. Penalty for using stall.
14. Not to tie legs of
16. Not to tie legs of Sheep.
16. Not effect Merchants.
17. Selling moat without license
prohibited.
18. Selling less than by quarter by
Farmers unlawful.
19 Penalty for ■-iolation. public
20. Meat to be weighed by r
weigher.
Ii1':V1SE•:Ib CITY ORDINANCES.
41
day if the first day shall be Sunday,) at an hour between 9
o'clock A. M. 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 he 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 terns
of one year, on payment to the Treasurer of the rent and pre-
mium, in cash, unless the City Council shall direct the same to
be received in scrip. Leases, signed by the Mayor and Reeorder
shall be issued to persons entitled thereto. If' any stall shall not
be ]eased 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 louses and grounds, 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 re—
moved 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
meats, or other articles offered or exposed for sale in market, to
be seized and destroyed, or so disposed of as not to be rlsed for
food. They ,shall cause all articles of less weight than represent-
ed by the seller, which shall l,e offered or exposed for sale with
intent to defraud, to be seized and sold, and the proceeds thereof'
paid into the City Treasnry.
Sc.E4. The markets shall be open daily (Sundays excepted)
during such hours as the City Council shall, by resolution, from
time 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 oi' offer for sale the same in any market place
(6)
1.) REVISE;n OrrORL)IN SCEs.
in the city. No person attending market for the purpose of sell-
ing shall purchase any article sold in the market as agent for any
other person. No person shall sell or give away in market any
spirituous or fermented liquors.
SEC. 6. No person shall sell, or expose, or offer for sale, at any
place in the city, any tainted, putrid, blowrl, plated, raised or un-
sound meat, fish, eggs, poultry or other article of food. No per-
son shall offer for sale chickens with their limbs tied, at any place
in the city.
Snc. 7. No person not having lawful business in market shall
it]ly sit, walk, lounge or lie in or about the market place, nor
s'i,. I the smoking of tobacco be allowed therein, during market
hours. No dog, slut or other offensive animal
shall bepermitted
in the market lrortse at any time, nor shallany person
g or
suffer to corne into or upon a market place during market hours
any unruly or dangerous animal of any kind.
SEo• 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 ,and the shall fix theti ales ms whiunt ho he
proposes to sell. The City Council
taxed for such license, and the Recorder shall, upon the produc-
tion a
of the Treasurer's receipt for the amount so fixed,
license to such person for the purpose specified. No person shall
by himself or agent sell or expose for sale any fresh meats, poul-
try or fish without such license, under a penalty of not less than
than tive nor more than ten dollars.
SEC. 9. Whenever the words "in market" are used in this
ordinance, they shall he understood to refer to the markets of the
city as established by ordinance for the sale of meat and vegeta-
bles.
SEC. 10. No person shall sell, or offer or expose for sale, upon
any of the streets of the city not included in the market plhiet. ,
REVISED CITY ORDINANCES.
43
established by ordinance for the sale of such articles, any game
butter, eggs, fruit or vegetables of any kind.
SEC. 11. Any person who shall commit any act or offence
prohibited in this ordinance, ibr which a penalty is not otherwise
herein provided, shall furfeit and pay upon conviction, a fine of
not less than one dollar, with costs or 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, either in market or at any other place in the
city, after 5 o'clock P. M., or before 9 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, no/ more
than twenty dollars for each offense. 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 shalt be used for the
purpose aforesaid.
Sm. 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 Dubuque, any chicken, goose, 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 offense shall be lined
not less t.11an one, nor more than five dollars.
tir':c. 35. That it shall be unlawful for any person to have,
to:cp or expose for sale, at the Central Market, or in any house or
-'hllp or in any street, alley or sidewalk within the limits of the
[ sty of Dubuque, any sheep, lamb, calf, hog, pig or other domes-
tii•, annual, with the legs of the same tied with a string, cord or
r"pe, and any person who shall be found guilty of such offense
shall he filled not less than one, nor more than ten dollars.
44 K.1Vitir',D CLTY tlltniNA-sc :s.
SEC 16. Nothing herein contained shall be so construed as
to prohibit merchants or connnission merchants from buying or
selling poultry and fish in the usual way to their cusoom ors, have
nor
shall this ordinance apply. to or effect pork packers,
taken out a license to carry on such business.
SEC. 17. That it shall be unlawful for any person, not a pro-
ducer, but one who snakes it his principal business to buy for the
purpose of selling again, fresh beef, veal, lamb, mutton, d
poultry, or tarns 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 pro-
curing a license therefor, the same as butchers, and as provided
in Section 1 of au ordinance3estalilishedauthorize
ketthe
passecl October
poultry, and fish outside
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, auy 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
,is butchers, and as provided in section 1 of an ordinance "To
authorize the sale of meats, poultry, and fish outside the estab-
lished markets." passed October 2, 1876.
SEc. 1.9. '1'lia.t any merchant, farmer, producer, or other per-
son, who shall violate the provisions of section 17 and 18 of this
ordinance, shall, upon conviction thereof be tined not less than
five, or more than ten dollars, with costs of prosecution.
Stn. 20. That it shall be unlawful for such persons as are de-
scribed in sections 17 and 18 ofthisordinance, to sell in said city
any fresh meats of the kind and quantity therein provided for.
without first having the same weighed by the Marke.tmaster or
some public weigher, and receiving from said M.a.rketmaster or
g
public weigher a certificatDof beefetinrlh. 5 weight,I is for aclilquartert�i.
10 cents for each quarter of
veal, mutton or lamb.
k
REVISED CITY ORDINANCES.
SEC. 21. Any person violating the provisions of section 20
hereof, shall, upon conviction thereof, be fined not less than one
or more than five dollars, with costs of' prosecution.
CHAPTER XVIII.
AN ORDINANCE to establish flay, Wood and Grain Markets, and
regulating salve.
SEC. r. Hay and Wood Markets .
2. Not to occupy streets.
8. Fray to be weighed.
4. Not to falsity certificate.
5. Penalty for violation.
SEc. 6. Not to obstruct street with
wood wagons.
7. Establishing Grain and Pork
hiarkct.
8. Crain to lie weighed and price.
9. To regulate scalp.
Be it Ordained by the City Council of the City of Dubuque
SECTION 1. That lots numbered 187, 188, 189, 190, 191, 212,
213, 214, 215 and 210 in East Dubuque Addition to the City of
Dubuque, Iowa, and composing the block situate between Four-
teenth and Fifteenth streets, and Pine and Ella streets, in said
city, are hereby set apart and established as a Hay Market for
said city, and that Seventh street, between Iowa and Clay
streets, with Clay street, between Seventh and Eighth streets,
are 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 saute, 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 established as a Hay Market,
front. And it shall he the duty of such persons to place their
teams on said lots, so as not to obstruct the streets or sidewalks,
on which said lots abut.
Si,e. 3. That any person selling or offering to sell, within the
limits of the city, any hay to be consumed therein, 611a11 cause
the same to be weighed upon the public bay 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.
fi REVISED v1SED CITY oTaDINAN(%I'I .
Six. 4. No person wllo Shall have had any hay weighed, as
aforesaid, shall diminish the weight thereof, or in any way falsi-
fy the certificate of the weigher, or shall suffer the same to be
done, with intent to deceive, or otherwise.
SNc. v. Any person wilfully disregarding or violating this
ordinance, or any part of the same, shall, for each offense,. be
subject to a penalty of not less than one nor more than five
dollars, including costs of prosecution.
Sic;. ti. That no person Baring cllarg of y "ood other aareetm •lsha
allow the same to stand upon or oe l any
s 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 same 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
execution.
SEC. 7. That 3,1aill street, between First and Jones streets, on
both sides of the First Ward market house, including said
Market ),louse so long as the Council shall permit the
same 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 Ayenle
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 descrip-
tinn, brought into the city on any wagon or sled, in any part of
the city than at the market herehv established, shall 1)e subject
to a penalty of not less than five dollars, with costs of prosecn-
tioTL.
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 grains offered to be weighed 1n1 their scales, and shall
REVISED CITY oxl)1N:1ti(`Ea. 4-7
receive therefor, from the owners or persons offering such grain
to he \veig]ied, the slnn of fifteen cents for each draught..
S1 u. 9. The Sealer of Weights and Measures shall examine
and regulate such scales, when requested by the weigher, without
charge. And any person who shall wilfully injure such scales,
or shish, with intent to defraud, change or alter any part of the
salve, 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 IIogs.
&Ito, 1. -Public Weigher. £3E[ . 4. Fines to be pail city.
2. All hogs to be weighed. 5. Who eligible as Weigher.
3. Penalty for violating. 6. When operative.
Be it Ordained by the City Council of the City of Dubuque :
Si t'i'ioN 1. The City Council shall appoint in each year, a
Public Weigher, who shall be authorized by this ordinance to
employ the necessary number of deputies, all of whom shall he
approved by the City- Council. Said Weigher shall provide
himself with the necessary scales and platforms, and at as con-
venient a locality, or localities, as )nay be designated and approved
y the City Connell, and such person, or persons so appointed,
shall weigh all dressed hogs sold within the, limits of the City of
Dubuque, and said Weigher, or Weighers, shall receive as com-
pensation therefor, for three hugs, or less than three, ten Bents
each ; for loads of more than three, five cents each. On each hog
so weighed, said Weigher shall )nark 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 •)tall pay for weighing as above.
fir, '• 2. All persons selling dressed hogs in the City of
l abuque, shall have t.heln weighed, as above provided.
:H.:L. 3. Any- person selling or buying any dressed hog, or
)lugs, without having theirs weighed as provided for in this oi•di-
i1Euice. shall he subject to a tine of not less than five dollars, nor
45
more than twenty dollars for each offense, and in addition thereto,
all costs that may accrue in the enforcement 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. iN o person shall be eligible to the office of rgr
as provided for in thin ordinance, who shall be hi any way,
direct-
ly, or indirectly, interested in the purchase and sale of dressed
1 togs.
SEC. d, This ordinance shall be operative only from oVei-i-
ber 1st, in each year, to the 15t.1t day of March, in the Ulowing
year.
REVISED C'ITl oit3][^i ANL:ES•
CHAPTER XX.
AN ORDINANCE regulating the use of Public Scales.
Shy, 6. Market Master to weigh.
8�c. I. Connell to elect ScatsWeigher. 'T. To receive ten cents each draught.
S. To oto falsify
Ity erfic S. To report to Council.
g, Tote. farcale Certificate, 9. penalty One to Five dollars.
¢, To keep Sealer to good order.
5. Weigher to weigh Cattle and Hogs.
Be it Ordained by the (;pity Council of the Oity of Dubuque
SEC. 1. That there shall be appointed by the City Council, a
soon as practicable, after the annual electi on in eachharge of year,
Wn; i-
ers of hay fur said city, and who shall ha
hav scales in said city, who shall be qualified according to
law, and give bond, and who shall hold their oflic.e until their sili'-
eessors are appointed and qualified.
SEC. 2. Tltat any person selling, or offering to sell, within the
limits of the city, any hay to be consumed therein, shall cavie
the same to be -weighted, Lind obtain a certificate of the weig}1t
thereof from the -Weigher.
SEc. 3. No person who shall have had any hay weighed as
aforesaid, shall diminish the weight thereof,
or ine aiiv t aye elude,
lsify
the certificate of the )(eiglter, or -shall
with intent to deceive.
REVISED CITY oitifiN_t 'i•:8.
49
• SEC. 4. That it shall be the dnty of each Weigher, either by
himself or some deputy by him appointed, for whose acts he shall
he responsible, to be in readiness at all times at some convenient
place to be by llixn designated, to attend to the business of weighing
iiay. 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 time to time, whenever the City Council.
may require, or whenever the same may have become inaccurate
from alty cause.
SEC. 5. Tliat the said Weigher shall attend to the weighing of
her, cattle, hogs, or whatever else may be offered to be weighed on
said scales, and shall be entitled to receive • from the person 'Procu-
ring the saute to be weighed, the suns of ten cents fur each draught,
and shall not knowingly give any false certificate of such. weigh-
ing. They shall keep accurate account of all articles weighed on
said scales : the number of draughts and the fees therefor re-
ceived, and shall, once in every month, render an account thereof
to the City Council, and at the time of such accounting, pay to
the City Treasurer, all money received for weighing on said scales,
not previously accounted for.
SEC. fi. That the Market. Master of the Central Market shall,
at any time during market hours, attend, if required, to weigh-
ing 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 weighting of which is provided f'or in the foregoing section,
except that the !Market Master for weiiliing as therein provided,
shall be entitled to receive from the owner of the articles weigh-
itl, the shin of ten cents for eaeli draught.
SEC. 8. The Market Master shall, at the close of each month
sport to the Coun.eil, stating the amount of money received by
i
lLl 1j Under 'this ordinance, during the month immediately
a
�)
REVISED CITY: ORDINANCES.
preceding, and shall pay into the treasury the amount, so re-
ceived.
SEc. 9. Any person 14lifillly dis egi' dingsirjei violato ating
ordinance, or any part of the same,
sludl be ty of not less than one or more than five dollars for each
offense.
CHAPTER XXT.
AN ORDINANCE providing for the appointment of an Inspector of
wood, and regulating the sale of wood for fuel in the City of Dubuque.
SEC. 7. Fees.
5. Not
sellMafrom
om Wagons.
9. Wood10. Fined for resisting.
11. Inspector to keep account.
Sec. �• City Wood to beisold byl to cord.
3, flow piled.
4. Penalty.
5. Inspector to oversee.
6. Inspector shall not buy.
Be it Ordained by the City Council of the City of Duubuque:
S1;C•rxoN 1. The City Council shall appoint each year a City
Inspector of \Vood who shall remain in office during the pleasure
rce
of the Council, and whose duty i�shall
lez r�irients thebe to reto as may ni yprovis-
ions of this ordinance, and such
time to time be made.
SEC. z. All wood sold for fuel in the City of Dubuque 6ha11
hereafter be soul by the cord 4r part cns consist one liuucii� diand twenty -
cord tioned in this ordinance shallu
eight cubic feet., well andcompactly nev rysto ed, and with reasonable
allowance for crooked aI1
SEc. 3. All persons bringing wood into the City of Dubuque
and offering the saute for sale,
Lthe sloughsile levee or banks or channels thereof, f)ithe
at
Mississippi River or any o
any other place within the City . �Limits, slcliho1llerlen the place where same
t1)s
placed upon the banks or levee;
same is to be offered for sale, loetiw pile
it itllewood
ranksthat
ereof��el each
of at
least one foot shall intervene
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
INW
REVIS.>':i) CITY ORIDINANCES. ]I
crooked sticks shall be placed upon the top of the ranks, or in a
separate rank by themselves, and the other wood shall be piled
bark up as compactly as possible.
Sic. 4. No person shall sell or offer to sell any wood for fuel
within the limits of the City of Dubuque nnt.il said wood has
been inspected -and passed by the inspector as herein provided
for ; and any person who shall violate the provisions of this sec-
tion shall be liable to a fine of not less than ten nor more than
fifty dollars for each offense.
SEC. 5. It. shall be the duty of the Inspector of Wood to over.
see the ranking and piling of all wood for fuel brought to the
City of Dubuque fiir sale, and to cause the same to he piled as
Herein provided for ; and when piled to inspect and measure the
same. If any wood is not piled as herein provided for, he shall
notify the owner or person having the same in charge to repile
the stone as herein provided for ; and in case the owner or person
haying the same iii charge fails to do so within a reasonable time
the inspector shall refuse to pass said wood, and shall nark; the
sauce as rejected. All wood properly piled and marked shall be
measured by the inspector who shall give a certificate of such
measurement to the owner of the wood or person leaving the same
in charge, setting forth the dimensions each way of the rank so
measured, stating the ilmriber of feet in length of such rank re-
quired to slake up a cord of one hundred and twenty-eight cubic
feet and the measurement so made shall be binding and conclu-
sive on both buyer and seller ; a duplicate of the above certifi-
cate shill be attached by the inspector to each rank of wood by
hint inspected and passed, and all sales of such wood shall be
horn the rank as measured by the inspector. Provided, that
whenever such wood shall be removed t'r•orn the place where in-
spected and rrieasnred by the inspector to any other ].)lace in said
City to be again offered for sale, the same shall be again ranked
andmeasured, and a new certificate thereof attached to each
rank as above provided, but the #fees to be charged by the in-
biPeetor shall be only one --half the amount herein provided .
52
REVISED CITY ORD LNANCES.
Sc.s.6. The Inspector of Wood shall not buy, sell, or in any
manner deal in wood either for himself or others save and ex-
cept to purchase wood for his own use, nor shall he be interested
either directly or indirectly, in the purchasing or 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.
Sire. 7. The fees of the inspector for services rendered by
him in inspecting and nleasnring wood, shall be as follows
_ _ 1.0 rts.
For every lot of one cord or less,
For every lot over one and less than twenty cords, for each cts.
cord therein. —
For every lot of twenty up to fifty, for each cord therein, 4 ets.
For every lot of fifty or over, for each cord therein, 3 ets.
Sire. S. No person shall sell or offer for sale in that portion
of the City of Dubuque lying east of Bluff street, with Bluff
street included, and between Jones and 18th 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 acertificate 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 offense 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 required to at`
ea the same Islrs in the winter e presented foseason,
measure and inspect allwoodthat may b
measure-
ment and inspectiOn.
SEC. 10. Any person who shall resist or interfere with the
Inspector in the performance of his duties under this ordinance,
or shall neglect or refuse to comply with any of the requirements
thereof, or shall mutilate, destroy or change any certificate
at-
tached by the Inspector to any rank of wood, by him measured
REVISED CITY ORDINANCES. ai l
or in any other manner violate any of the provisions, shall Oren
no other penalty is herein provided, 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 offen-
der until snch fine and costs be paid.
SEc. 11. That the Inspector of Wood shall keep a correct and
true account of all wood brought to the City cf _Dubuque for
fuel, and shall report to the City Connell at every one
of its regular session the amount of wood measured by hiin
during the month previous, for \vlforn the saiiie was measured,
and the amount of fees paid him therefor by each person, at.
whose request such rneasnrenient was made, and shall :account
for and pay into the City Treasury- five per cent. of all fees re-
ceived by faun during said month, and shall' turn over to the Treas-
urer the stubs of all certificates issued by him. showing the date
of issue, the amount of wood measured, for whore measured, and
the fees charged by hire.
That as soon as any wood shall have been measured by the In
Spector, said inspeetor shall have the right to deiliand and re-
eeive of the owner of such wood in advance, the fees to which he
May he entitled, and shall not be required to deliver a certificate
ntil such fees be paid ,
CHAPTER XXII.
AN ORDIN11Nt1E prescribing the mode in which charges may be pre-
ferred against any officer under the city government, and for hearing
and determining the same by the City Council.
Sxe. 1. Officers may be expelled. SEC. 5. Recorder to record all complaints.
2. City Council to Dear complaints. 6. Charges cugainst Mayor.
3. Complaint to be in writing_ 7. Not exempt on Bond.
t. Time for trial. 8. Not to include appointed officers.
Bs it Ordained by the City Council of the City of DiUbuyue;
SECTION 1. Any officer under the city goverment, whether
ted by the people or appointed by the Council, who shall be
ilty of ,rro,ss negligence or carelessness in the performance of
54
REVISED CITY ORDiN ANCIA;S.
the duties of his office, or shall, in any manner violate his official
er
duty, upon being found guilty tlttoeof officem he's 1 laeitein ppUov �e
may be expelled or removed
for -
SEC. 2.. The City Council shalt hear and finally determine
all complaints made under the provisions of this ordinance.
SEC. 3. All charges preferred against any officer of the city
government tinder this ordinance, shall be by complaint made
in writing, signed and sworn to by some resident of the City of
Dubuque, and direeted to the City Council of the City of Du-
buque; such complaint shall briefly set forth the naive 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 meet-
ing 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 farther 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 he in writing, signed by the Mayor, and shall, together
- with a copy of the complaint be served on the defendant by the
City Marshal, in like manner as original notices are served ander
the laws of Iowa.
S :c. 4. At the time set for trial, the council will proceed to
the hearing of the ease, unless for good cause shown by either
party, the council shall deem it just to
conAttorney,nu e toe he' r ing h other
a
future day. Upon the trial, the City
person as niay be designated by the City Council, shall conduct
the prosecution, and the defendant may be heard by himself or
his attorney. If the defendant after being notified, fails to
appear and answer to the complaint, or if he admits the truth of
the 'natter set forth in the complaint, the council may, in their
own option, hear evidence in the matter, or at once proceed to a
final vote as hereinafter provided. All questions arising in the
progress of the hearing shall be determined by a. majority VntP
REVISED •CITY O1RDINANCES.
upon the ayes and nays. As soon as the hearing of the case is
closed, the presiding officer shall put the question: " Is the
defendant guilty ?"—the vote to be taken by the ayes and nays.
If more than one charge is preferred in the complaint, the ques-
tion shall be put separately on each. If the defendant is an offi-
cer elected by the voters of the city, or any ward or district
therein, it shall require an affirmative vote of two-thirds of all
members elected to the council to find hiin guilty. In the case
of any other officer a majority shall be sufficient. If the defend-
ant is found guilty as herein provided for, the Mayor or presid-
ing officer shall forthwith declare: "That by judgment of the
City Council, the defendant is removed and expelled from the
office heretofore held by him."
SEC. 5. It is hereby made the duty of the Recorder to enter
upon his records a copy of all complaints filed under the ordin-
ance, with a brief statement of the proceedings had in each case,
and the final vote and decision with the ayes and nays thereon.
SEc.6. Should charges under this ordinance be preferred
against the Mayor, or any member of the City Council, the per-
son 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, Mar-
shal, Recorder or City Attorney.
Si;c. 7. The removal or expulsion of any officer under the
provisions of this ordinance shall not exempt him nor his sure-
ties, from liability on his official bond.
SEC. 8. This ordinance shall not be so construed as to pre-
vent the City Council from removing from office any officer
appointed to hold during the pleasure of the council.
SEC. 9.
le.
11.
12.
13.
14.
10.
16.
56
REVISED CITY ORDINANCES.
CII.ILPTER XXIII
AN ORDINANCE in relation to Licenses.
F. C. 1. L1eenRCS .
2. License subject to ordinance.
3. Not assignable.
4. Application to City Recorder.
6. Application to Mayor.
6. Recorder to keep register.
7. Marshal to enforce.
8. Auctioneers.
Be it Ordained by the City Co-uncil of the City of Dubuque
SECTION 1. All licenses shall be signed by the Mayor and at-
tested by the Recorder, under the seal of the city, and no license
shall be valid until so signed and attested. Each license shall
hear date the day of the issuing thereof, and shall specify the per-
son 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, atter 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 nett after its issue.
SEC. 2. All licenses granted shall be subject to all ordinances
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 relation to such license,
he shall be proceeded against for any fine, or penalty, imposed
thereby, and bis license may be revoked, or forfeited, at the dis-
cretion of the council.
SEC. 3. No license granted shall be assignable, or transfer-
able, nor shall any person be authorized to do business, or Tact
under such license, but the person to whom it is granted;
or
Shall any license authorize any person to act under it at more
e. Whoever
ate
any pro -
than one lace at the same f}lthis section,, shall be shall
b e d en ed tobeacting, without
visions o
Brokers.
Livery stables.
Wagons and Drays.
Billiard tables.
Saloons.
Traveling physicians.
Peddlers.
Exhibitions.
REVISED CI'I'7 ORDINANCES.
a
license, and shall be subject to the saute penalty as is prescribed
for acting without license.
SEC. 4. Whenever the amount regnirad to be paid for any
license is fixed by ordinance, and no bond is required, appliea'
tion for the license may be made to tile City Recorder, who shall.
upon the production of a certificate t'rorrl the City Treasurer,
slowing that the required sum for such license has been paid to
hirrl for that purpose, issue to the applicant the required license,
in accordance with the provisions of the city ordinances.
SEC. 5. But it' the arnonnt to be paid for any license is not
fixed by ordinance, or if a bond is required to be filed before a
license can be issued, application in writing must be made to the
Mayor tar 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. It' 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 application so endorsee, and the required bond,
with the Recorder, and producing the certificate of the Treas-
urer of the city, showing that the required sum has' been paid,
the Recorder shall issue to the applicant a license for the pur-
pose and time specified. But if the Mayor refuse such applica-
tion, he shall report the application to the City Council at their
next. meeting, t'ur their action thereon.
SEG. i. '1'lhe City- Recorder shall keep a License Register, in
which he shall eater the naive of each person licensed, for Flhat
purpose licensed, the amount paid, the date of the license, and
the time of expiration of the same; and at every regular meet-
iug of the council, report an abstract of all licenses issued since
his last report, and the amount taxed tin' each.
Sc.E7. The City Marshal shall enforce all ordinances in rein -
Con to licenses, and shall from time to time examine the license
register, and prosecute all persons who may be acting without
icense.
(8)
15
REl'ISIin CITY ORDI:tiANCRS.
Ar: CTIONEERS.
SEC. S. That no person shall sell or offer for sale, at public
auction, within the limits lniti1eau hyIrzedgUyl=gnealtctioneel r's
r
personal prol.)eity, unless
license, under a penalty of ;100.00 for each sale. Provided,
That the foregoing prohibition �raotl� r uflieer�lto y ��rtueles luf le al
e by
any sheriff, constable, marshal, ,
procebS.
a. For every auctioneer's license, there shall
e b sllaaxllU
d
and collected the sum of 25.00. Before any persor
ll
licensed to act as an auctioneer, he
of Uaulluqueo.Ite and file with
in the penal sum
the Recorder, a bond to the City
of $1000, Nritii two or more ithfulties, to compliance e lLwlitlllthe provis-
ions conditioned for the, i inert of all moneys
ions of this ordinance, and the prompt l a y
herein required, to be pad to the city.
b. Every licensed auctioneer shall make and return to
the City Treasurer, before the last Saturday of each month, a
written statement, under oath, of the amount of money re � ive d
by hint, for all property sold by hiin at auction,
and by all persons in his employ, or acting ender his license, during the
month next preceding, and shall pay into the city treasury at
the time of making such return, a sum equal t two and
d; a half
f
per cent. of the amount so received bye tis �LetlP aof eCity
if said auctioneer shall show to the
Treasurer, that any of the articles ,old at auction have, within
one }year prior to the date of forsuch city taxes, een ine1d atetdlleltilthe
xes
regular assessment of propertysuch articles shall '�
assessed thereon have been paid to the city,
exempt from the tax of
two
and
a half per auctioneer
Cto snake Sretnrn
this ordinance. On tol ore of anyis license shall be suspended
and payment, as herein required,
until such return and payment shall be n ace o de. And
it
f iluereby'
made the duty of the City pre
give notice to the City Marshal
t] ert
the
provisionssuspension
f this said
e ordinance
and the Marshalhal shall see that
REVISED CI'f7 ORDINiiIICEs.
50
are enforced against such delinquents in the. same manner as it
no license had been issued to such auctioneer.
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 np any street or
sidewalk of the city, shall be subject to the penalty for obstruct-
ing the streets.
This ordinance shall not apply to sales [alder execution, mort-
gage, deeds of trust, order of court., executor's, administrator's,
or rnardian's sales.
I3ROKEIRS.
SE0.9. No person shall, within the limits of the City of Du-
huque, ter 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 payment of
money or other thing of value, bank note, promissory note, bond,
mortgage or other writing obligatory, gold or silver coin; or
buy, sell or negotiate the sale or purchase of any such instru-
ment, or personal or real property for others, for a commission
or other compensation, without a Broker's License, issued there -
tor 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.
MVERY STABLES.
SLe. 10. No person shall, within tire limits of tine City of Du-
buque, keep horses or carriages, to be let for pay, unless duly
authorized by a license to keep a livery stable ; and for such
license there shall be taxed and collected the suns of fifty dollars.
Whoever shall violate the provisions of this section, shall forfeit
and pay the city the suin of twenty dollars for each day such
business is carried on without such license.
. No person shall, within the limits of the City of Dubuque
lire airy hackcarriage,
uomnibus, or other vehicle, fur the pnr-
REVISED ISE11 (Tay owors,,,xu •;s•
tit)
pose of carrying passengers from one place to another, within
said city, for hire, unless duly authorized by a license for
co-iveyaiIce, -under a penalty of five dollars for each day ; a
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
atorsa id, shu shall
cause
se
the number of the license to be plainly painted
spicuons parr of each side of his vehicle, under a penalty of two
dollars for each week he shall use the same without being so num-
bered.
c. No person shall collect, ur receive, for carrying any pas-
senger 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 the bluffs within the
limits of the city, in which case a sawn not exceeding fifty cents,
may be charged and received.
w,kooNs, 1l1tAYS, &ui.
SEC. 11. No person shall, within the limits of the City of Du-
buque, 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 therefor, 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 sun- of five dollar's 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
s or
riv-
from any part of the City, or to or 131--ffs moreom the Fair one dollar pel�loadn
rngTark, and below the lien
drawn by one horse, or mare, and not more than one dollar and
fifty cents per load when so hauled and drawn by two horse Ater
and from or over the above named territory ; and if any n
ramount than above specified shall
be dray tar en or thor vehicle, e,charged s f d pid
or sai
service by any licensed wagon,
son or persons so doing shall forfeit his license and be subject to
REVISED C1'lY o1iD1NANCI;S.
(,1
a tine of' not less than five or more than ten dollars for each and
evert' offense.
b. The owner of every vehicle licensed as aforesaid, 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.
BILLIAIW TABLES AND BOWLING ALLEYS.
SEcnoN 12. No person shall keep any billiard table ur bowling
or tenpin alley for hire, or gain, directly or indirectly received, with-
out a license therefor, under a penalty of five dollars for each
game played thereon for which pay is received.
a. There shall be taxed and collected for a license to keep bil-
liard tables, the stun of twenty dollars each, for the first three
tables ; and ten dollars each for each additional table, and for
each pigeon --role table, five dollars. There shall be taxed and
collected for a license to keep a. tenpin or bowling alley, the stun of'
five dollars, fur each alley.
b. No keeper of abilliard table, or bowling or ten pin al ley shad
suffer or permit any minor to frequent or loiter about the
premises occupied by him, nor sell or deliver to minors any in-
toxicating liquor, nor sutler or permit any riotous or disorderly
conduct on the premises, under a penalty of five dollars for each
offense.
s ir.00.XS.
SEorloN 13. No person shall, within the City of Dubngne, by
himself, his agent, servant, or clerk, (except for purposes purely
Medicinal or sacramental) barter, sell, exchange, deliver or other-
wise dispose of for money, gain, or anything of value, any vinous,
spiritous mixed, malt or other intoxicating liquor whatever, in
any manner, unless duly authorized by a license, under a penalty
of ten dollars for each offense.
a. For each license to sell liquor there shall be taxed
en.l collected by the city the Sinn of one hundred dollars; and
REVISED CITY ORDINANCES.
fi 2
such license when procured shall protect the holder thereof from
prosecution by any city officer under the laws of the State for
the offense of selling intoxicating liquors.
b. No person licensed under the provisions hereoE,,ono
by himself, his servant or clerk, suffer or permit any p
drink to excess or drunkeness in his premises, under a penalty
of not less than five dollars for each offense •
c. No person licensed under the provisions hereof, shall
keep open or suffer to be kept open his place of business at a
later hour than eleven o'clock P. M., except on Saturday night,
when the same may be kept open one hour later; our shall any
person with intent to avoid the provisions hereof, open his
of
sacid place of business earlier than day
five,light
moreeach
than it�venty
under a penalty of not esS
dollars.
d. No person licensed under the provisions hereof, shall
in any manner sell, give or deliver any intoxicating or malt
liquor orbeverage whatever, to any minor or any intoxicated per-
son; nor suffer any minor iaiderr intoxicated
penaltyperson
of not lmai or tha nofire
r
in or about his premises
dollars.
e. No person licensed under the provisions hereof, shall
sell, give or deliver any intoxicating liquor to any habitually in-
toxicated person, after being notified by the husband, wife,
parent, or other relation, of such person, that lie or she is an
habitually intoxicated person, and requesting such person not to
give, sell or deliver him or her any liquor or beverage under a
penalty of five dollars for each offense. shall
f. No person licensed under the provisions hereof,
suffer any loud or boisterous talking, or obscene or profane langu-
age, quarreling, singing, fighting or other disturbance in or
about his place of business to the annoyance ointheurbanceviciitof,
persons passing along any street or 1 place
or to the disturbance of the peace and quiet of persons doing
REVISED CITY ORDINANCES.
business or residing in the neighborhood, under a penalty of not
less than five dollars for each offense.
g. If any person licensed as aforesaid, shall violate any
of the provisions of subdivisions a to g hereof, the City Marshal or
any policeman may enter and close his place of business, and
take possession of the keys and fastenings thereof and shall have
power to turn out all persons found therein not belonging to the
premises.
h. Every person licensed to sell liquor ender the pro-
visions of this chapter, shall keep the license granted to him
framed and posted in some conspicuous position in his place of
business, under a penalty of five dollars for each day's failure so
to do.
i. Tliat all liquors, whether vinous, spirituous or malt,
kept for sale at retail, by any person within the city, who has
not procured from said city a saloon license, with intent on part
of the keeper thereof to sell it to be drank on the premsises
where the same is kept for sale, shall be, and is hereby declared
to be, a nuisance, and the City Marshal shall forthwith seize all
such liquors and remove the same to the City IIall, and there
retain the same until such license be procured or said liquor be
released by order of the City Council.
TRAVELING- PIIISICIANS.
Sro•rrox 11. 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 ad-
vertising or not, or using medicines prepared by themselves or
others, or professing to cure disease by any application whatever,
shall first procure from the Mayor of said city a license there-
for.
a. The Mayor of said city is hereby authorized to issue the
license pinned in the above section fonrteen,upon the payment to
the City Treasurer, for the use of the city, the sum. of not less
than three nor more than live dollars, at the discretion of the
64
Mayor, for each and every- period of twenty-tsr Hours Or fractional
part thereof, that such doctor or physcian purposes 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, nel tl c npayeshall
et issue erfor
such further time as the applicant s
thate
aforesaid.
b. Any one neglecting or refusing to comply with thbe 'roe
visions of this ordinance, shall, upon conviction thereof',
any justice of the peace, be fined ten dollars for each day and
every day, he, she or they shall have plied or attempted to ply
his, her or their vocation in this city without such license : Pro-
vided, the stun shall not exceed one hundred dollars, and shall
stand committed until such line 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 lie shall find any such 1person er
or persons without such license, forthwith to call him,
them before any justice of the peace, to be dealt with as herein -
before provided, but any justice of the peace is also required
to act upon the complaint of any other person,
REVISED !'IT7 ORDINANCES.
PEDDLERS.
SEOTION 15. That 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 a license for such pur-
pose, under a penalty of not less than five, nor more than twenty*
dollars. The selling, offering for sale or soliciting orders for
present or future sale or present or future delivery of any such
articles, by any person remaining transiently in the City, for the
purpose aforesaid, whether in any temporary place of busin Len or
r
otherwise, shall be deemed a violation of this ordinance.
for this purpose above stated may be authorized by the Mayor
who shall at his discretion fix the sum to be paid therefor audits
duration.
REVISED i'IT ORn1NAACE3.
a. All persons selling goods by sample, or taking orders for
goods to be thereafter delivered, and not residents of this city,
shall be taxed not less than five, nor more than ten dollars per an-
nnin, at the discretion of the Mayor.
I:Yl1I13ITiONS.
SEcTinn 16. No person slia11 exhibit to public view for gain
within the limits of the City of Dubuque, any animal, or ani-
mals, wax or other figures, or painting, teats of circus riding,
rope or wire walking, or dancing, or give any concert, musical or
tlieatrica.l entertainment, where money or other thing of value is
charged for .uhnission thereto, without a license therefor, under
a penalty of not less than five dollars, nor more than fifty dol-
lars. And licenses therefor may be authorized by the 111ayor, if
the exhibition will not injuriously affect the morals of the peo-
ple, 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.
CIIAPTER XXIII*
AN ORDINANCE in relation to licenses of and regulating Inn-ieep-
ers, Runners for Hotels, Hack Drivers, and Express Alen.
SEC. 1. Inn -keepers license. - SEC. 3. Hack Drivers, Hotel and Express-
2. Runners for Hotels and Boarding men.
INN KEEPERS.
SEc. 1. 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 public entertainment
nd for a compensation, fnriEishes lodging or provisions, or both
'travelers and others. Th:rc shall be taxed and collected by
(9)
m vI.9,l1) CITY oRDIN.ANCIr,B,
thi! city, fol' a license, to pursue tiie business of aII inn -keeper,
the sine of fifteen dollars.
a. No person shall owls, keep or conduct a restaurant with-
out a license therefor, under .a penalty of ten dollars, ti,r each
day. A restaurant shall be deemed any eating House, or 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.
ReNNI•:Rs FOR HOTELS AND BOALRDDING HOUSES.
SECTION- 2. Tliat from and after the taking et -Yet of this
ordinance it shall be unlawful for any runner of any hotel or
boarding louse to solicit passengers at any railroad depot or
steamboat, landing, within said city, without first procuring a
license authorizing-, tim so to do, in than twenty-five for elty of not less
ach offense.
than five nor More t
a. That for each license granted fur the purpose aforesaid
there shall be charged and collected the sure of twenty-five
dollars.
HACK DRIVEIRS, HOTEL. AND EXI'RESS 3tEN
SEe. 3. That from and after the taking effect of this ordin-
ance, it shall be unlawful for any, driver of any hack, omnibus or
express wagon, or ally runner for any hack, omnibus or Hotel, to
solicit passengers at any railroad depot or steamboat 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 wore by
omnibus drivers or runner the word "Omnibus." That wofo rrletb r
y
hack or expressuien, the word "Hack" or Express, g
with the number of the hack or express wagon.
b. Any person violating the provisions of this ordin-
ance, shall on conviction, be fined not less than one, nor more
than five dollars.
:REVISED CITY ol1i11NANU11'.
CHAPTER XXIV.
AN ORDINANCE to regulate the manner of fixing and changing
grades in the City of Dubuque.
Sac. 1. Grades estahliahed. SEC. 5. City Council to change.
Confirmed by Council. T. Commis,i.oners appointed.
3. City Engineer to prepare survey. 8. Council to approve or reject.
4, To give five days notice to papers. 8. Claim for damages.
5. Notice of change served.
lie it Ordained by the City Council of the City of Dubuque
SECTION I. That every grade Hereafter weed upuii for ally
s:.rcet, alley or highway, within the boundaries of said city, shall
lie fixed and established by a resolution of the City Council
adopted after the subject of such grade has been referred to aI
committee, and a report made thereon, accompanied by 11 profile
from actual survey by the City Engineer, and all grades so fixed,
shall be duly established and recorded with the profiles thereof,
ill it suitable book to be prepared and kept by the I1/2c rrdei', and
entitled "Tlie Grade Book."
Sec. •'. That any or all of the grades heretofore fixed by the City
Counc 1, may be collectively or severally sanctioned and con-
firmed under the authority Id this ordinance, by resolution of
the City C'oililcil, and when so sanctioned and confirmed, shall
lie in like manner recorded, if the same, has, not been previously
recorded.
Sicc. 3. That whenever any application is made to the City
Council to change any of tile established grades of any street, alley,
avenue or highway in the City of Dubuque, the City Council
shall. it' 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 salve with the City Recorder.
th Slic. 4. That as soon as such profile shall be filed in the office of
the
1�eeolder, lie shall give public notice by an advertiseniont,
for sit least five days in the official papers, that such proposed
ell;allge of grade will be considered at the next meeting of the
City Council, which shall be held not less than fifteen days after
fiS
REVISED C3'rT [.1itII1NA10ES.
the date of the first publication of suc.lh notice; and that all
persons claiming damages by reason of such proposed change of
grade, must file their claim for damages before such meeting,
with the City 'Recorder.
SEC. 5. That the City Recorder shall also cause printed or writ-
ten copies of such notice to be served by the Marshal, on the
occupant of each building efleeted by such proposed change of
grade on the line of the street, alley, avenue or highway, by
leaving such notice at the dwellin, or place of business of sueh
occupant at least ten days before the meeting of the City Coun-
cil.
SEc. h. That the City Council shall at the next tweeting which
shall be held after the expiration of fifteen days from the first
publication of such hhotiee, if Rio claims tor damages have been
filed, proceed to consider the change of grade, and to either
establish or rejee.t 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 ease any claims for damages
be filed, further action upon such proposed change shall be post-
poned from time to time until the proceedin.ps of the appraise-
nnent of damages are had as prescribed in the next section .
SEC. 7. In case any claim for damages be filed with the Recorder,
the City Council sh all appoint, to assess said dalna.ges,
three
commissioners, who shall be disinterested freeholders, who shall
be sworn to discharge their duty to the beat of their ability, and
before they shall enter upon the discharge of
thgned itbduty,ue com-
missioners, Council shall cause notice to be
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 assessment of damages.
The
City Council shall haw power to remove either or all of the
commissioners so appointed, and from time to time appoint
others in the places of such as may be removed, refuse, neglect..
or be unable from any cause to serve.
SEC. S. At the next meeting of the City Council held after the
REVISED C11'1- OI-I)INA.NO1-8.
Fig
alppraisement of dalliages shall be completed and returned to the
City Recorder, the same shall be considered and if such appraise-
ment be annulled, all previous proceedings shall be void, and no
farther proceedings shall be had in the 'natter. But if such
appraisement he confirmed an order of confirmation shall be en-
tered and the City Engineer shall record 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 highway. Upon the entering of the
order of confirmation of such appraiseuhent the Recorder shall
forthwith furnish the Treasurer with a certified copy thereof,
and the Treasurer shall thereupon set apart the amount of the
x.ppraiseinent of each claimant, and keep the same separate in
the treasury to be paid to the person entitled thereto, upon
presentation of a receipt duly executed, which setting apart of
the looney in the treasury shall be equivaleut to payment.
SEE. 9. All claim's for damages presented under this ordinance
shall he in Avriting, and shall specify the. property for which
damages are claimed, and also state the name and residence of
the owner of the premises.
CHAPTER XXV.
ORDINANCE to provide for the opening, altering, or annulling
streets, alleys, and highways in the City of Dubuque.
Couaoil to open or alter streets. SF[;. 5. Murat defray expenses.
S. Engineer to give notice. Council must secure deeds.
3. Council to hear objections. 7. City Marshal to upon.
4. Jury to assess damages. S. City Council may annul.
Reif Ordained by fhc City Council of the City of Dubuque;
SEe:Tlon 1. That whenever the . City Council deers it advis-
able to tay out, open, widen, extend or alter, any street,
alley or highway, in the city, they shall by resolution, direct the
City Engineer to snake a survey and plat of such proposed im-
provement, :showing tlhe ]and or lots, through or over which the
Fame is proposed to be shade; the names of the owners thereof:
and the quantity of laud proposed to be taken. And when such
jll
1 v1SEn l'1TT oHnIx.tti['r s.
plat is completed, it shall he filed in said engineer's office, :and
he suhjeet 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 isproposecl to be made;
and to all non-resident owners of such property, by publication
of the notice for ten days in the official paper of the city; that
at the next session of the council occurring after the lapse of two
weeks from the date of such notice, it will be determined by said
council, whether such proposed improvement shall be nla.de or
not, and require them tv appear before said council at that time,
and show cause, if any they have, why the contemplated im-
provement should not be made. The evidence of service and of
publication of such notice. shall be filed by the engineer, in th e
Recorder's office, where it shall be preserved.
Sze. 3. At the next regular session of the council, occurring
ar't.er completed service of the notice above specified, the City
Council, after hearing- the objections thereto, may, if they deem
it advisable to lacy out, open, widen, extend or alter, such street,
alley or highway, by resolution order the City Recorder to issue
a venire to the City Marshal, and to furnish hint with the names
ut' t.he owner; 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 stated, which shall not be less than
live days from the date thereof ; and the Marshal shall also give
the persons named in snc.11 list as aforesaid, (provided tliey 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 ylarshal,
shall be a non-resident of the city, or unknown, he shall give
such notice by publication in the official papers ofllthe
l city
ba.t for
at t
least two weeks, the last publication of wilic
five days before the time fixed for the meeting of such jury,
stating the purpose for which they are summoned
and � di lected
to such person; and any such person not appearing 1
12.].v1S ) [a'I'F ORIDIKANCES.
71
of notice 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, may object to any of the jury so sum-
moned, tier ,any good cause shown, and the _Marshal shall decide
on all objections raised, but shall not allow more than three per-
ernptor'y challenges to any snch jury.
SEC. 4. That on the day so specified in the venire, the jury so
sntntnoned shall appear at the place designated; and if no objee-
tion is made, or if' any one or more is objected to, and suchob-
jection is overruled or it snstained and t.alismenare chosen in their
places, the said jury, after being first duly sworn by some officer
authorized to adlninstcr oaths, shall proceed to assess the dama-
ges which any person may sustain by reason of opening, widen-
ing, extending, or altering melt 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 .Marsha], to be by
him delivered to the City Council.
SEC. 5. Whenever any street, alley, or highway, is proposed
to be laid out, opened widened, extended, or altered, for the ac-
commodation 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 deposited in the city treasury
a sufficient sun] of money to defray all expenses of surveying,
platting, jury fees wind advertising, incurred or liable to be in-
curred by s',ch opening, laying out, widening, altering or
extending.
SEC. 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 highway, they
shrill pay the damges, if any, when collected, and shall procure
from the owner or owners, proprietor or proprietors, deeds of re-
linquishment therefor, and in case of the absence of any such
pe1'soi], or other inability to procure such deed of relinquish-
1
7,) 3-:E t51•:13 i`1T - ov.DINAj['ES.
meat by reason of such person refusing to execute the same, or
for any other cause, the damages so awarded to any such. �h person,
shall be allowed and et apart in the city treasury, paidto
any such person on his demanding the same and presenting i to
z t
City Council such deed of relinquishment, which setting apart
steal} 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 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, alley or
highway shall thereupon be established as a public highway in
said city for public use as other streets and highways therein.
SEC. 7. Whenever any street, alley or highway in said city,
•
shall be laid out, opened, widened,sloe out ed 'r andldeii►derttnlall
tlre
be the dutyof the City Recorder to ir a
City Marshal a copy of the order declaring the same to be a
public highway, and it shall be the duty of the City Marshal
thereupon forthwith to proceed and open the same, and in case
any obstruction shall be found therein, it shall be his duty forth-
with to notify the owner, or person in possession of any land or
lot on which the salve may be found, to remove snclh obstruc-
tion 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 pulpit highway in said city may be annull-
ed in like manner by resolution of the City Council: Provided,
That no street, alley or highway duly established, shall be alter-
ed 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 VRDIRA.tiC'ES.
73
CHAPTER XXV I .
AN ORDINANCE to provide for improving the streets, alleys, 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.
h. Examination of work.
&. Sidewalks to be laid to Grade.
'l. Curbstones.
S. Council to pass order.
Site. 9. Done under Engineer.
Id. Special tax to pay sidewalks.
11. After completed.
12. Recorder to deliver to Auditor.
13. Auditor to charge Treasurer.
I4. Duty of Treasurer.
L5. order drawn on Treasury.
16. Not effect cases now pending.
Be it Ordained by the City Counct[ of the C 'ty'of Dubuque:
SECTIorr 1. That whenever it shall be deemed by the Council
expedient to grade, curb, pave, gravel, macadamize, gutter, or
otherwise improve any street, avenue, alley, or public landing, or
any part thereof, or to construct or repair any sidewalk, the
council shall, by resolution order the same to be done; which
resolution shall particularly specify the work to be done, and the
street or part of the street to be improved; Provided. That no
street shall be graded except the same be ordered to he done
by the affirmative vote of two-thirds of the City Council.
SEC. 2. The resolution ordering any improvement specified
in the foregoing section, excepting sidewalks, shall also direct
the City Engineer to prepare the proper plans and specifications
for the improvement proposed to be rnade; and said Engineer
shall forthwith prepare the same and submit there to the com-
mittee 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 improvement and file the
same with the Recorder for the inspection of the City Council.
SEC. 3. That as soon as said plans and said specifications are
filed itl the office of the Laity Recorder he shall, without further
order° from the Council, give public notice by an advertisement
of at least five days in the official papers of the city, that at the
next session of the Council bids will be received by the said
Coilndil terr the doing of the work in accordance with such plans
and zpecifieations.
.(lo)
4
REVISED CITY 0fan N.A I; CES.
.SEC. 4. At the meeting of the Council at which bids are to
be received, such. bids shall be opened and the contract awarded
as to the Council. shall seem proper; Provided, That iu all con-
tracts let for snch improvement it shall be stipulated that the
City shall levy a special tax ou the abutting property sufficient
to pay for such improvement, (excepting for grading' 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 ont, and pay the same over to the con-
tractor as soon as collected, but that the contractor shall waive
all recourse on the City for payment under such contract to the
amount of such tax.
SEC. 5. Tliat 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 Commissioner to complete
the swine in the manner provided in the contract, and the expen-
ses of completing the same shall be deducted from whatever
looney may be corning to the contractor ender his contract, or
said committee may report the ease 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.
SFr. 6. That all sidewalks hereafter paved or laid, 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 owner in front of whose lot of land
snch sidewalk shall be laid ; if of brick, they shall be made of
good, substantial, hard brick ; if of stone, the same shall not he
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,
REVISED CITY ORDINANCES.
with close joints, full width of sidewalk ; when of plank, the
salve shall he 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 he laid
crosswise 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. [. 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
he forty feet. wide, and on all other streets the curb stones shall
he 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 the sidewalk on any street, al-
ley or avenue, or any part thereof, within the limits of said City,
said Council shall pass an order to that effect, which order shall
set fortli the particular locality Avhere such grading or paving is
required to be done, and the time allowed for completing the
salve ; and the publication of such order in one of the newspa-
pers 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 paring is to be done as therein
specified.
SEC. 9. All such grading, paving and laying shall be in eon-
thiinity with the grade of the street, alley or avenue (unless other-
wise 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, pav-
ing 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 !ideal foot.
10. If the owner or holder of any lot, or part of lot,
shah neglect to pave or lay his sidewalk in conformity with the
REVISED CITY ORDINANCES.
order of the City Council, published as aforesaid, the City Engi-
neer shall contract for the sank to be done at the expense of the
City and shall slake his report of the expels thereof to the City
Council, and if the same be approved by said Council they shall
for -with 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 contract to the lowest responsible bidder after adver-
tising for bids for at least five days in the official papers of the
City.
SE o. 11. As soon as practicable after the work shall be com-
pleted and aecepted by the Council, they shall levy a special t.ax
on the several lots or parcels of real estate, abutting or adjoining
such improvement, sufficient to pay costs and expenses of the
same. The resolution by which such tax shall be levied shall
specify the name of the street, the number of the lots, the alnount
of taxes 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
nut and deliver to the City Auditor a duly certified et py of such
resolution, and take his receipt therefor, which he shall tile and
preserve in his office.
SEC. 13. The City Auditor, upon receiving a certified copy
of such resolution, shall tbrthwith enter upon the "special assess-
ment book" kept by the Treasurer the special tax so levied by the
Council and shall charge the Treasurer therewith. Such special
tax 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 the assess-
ment.
SEe. 14. It shall be the duty of the Treasurer forthwith to give
notice by one publication in the official papers •of the city, that
IREVISED CITY ORDINANCES.
such. tax has been assessed and that in ease of failure to pay the
salve within ten days from the date of such publication, t]ie same
shall be delinquent and shall bear interest at the stone rate as
the delinquent regular city taxes, and he shall proceed to collect
the same at the same time, and in the same manner as the regu-
lar taxes are collected, and if any special tax be not paid before
the next ensuing sale of property for delinquent t.ax he shall ad-
vertise and sell any property against which any special assess-
ment shall remain unpaid, under the same rules and regulations
as property delinquent for the regular city taxes.
SEC. 1a. 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 eon-
traetors for the amount of such. work fi.und to be delinquent and
unpaid.
SEC. 16. _Nothing herein contained shall prevent the rendi-
tion of judgment in cases now pending lit any Court for such
special taxes, or the collection of the same, together with. cost
and penalty under the provisions of the ordinance hereby amend-
ed, or prevent the collection of special assessments in. the man-
ner provided for in contracts heretofore glade.
CHAPTER XXVII.
AN ORDINANCE regulating the Repairing of Sidewalks.
Sic. 1 Engineer to establish grade.
3 Curbstones.
3. Six boors notice to repair.
SEC. 4. Street Commissioner.
5. Assessment on property.
Be it Ordained by the City Council of the City of Dubuque :
SEc. 1. That all sidewalks hereafter paved or repaired, shall
be laid to the established grade, or if no grade shall be establish-
ed, to such temporary grade as may be given by the City E1igi-
lleer. Unless otherwise specified in the resolution of the City
Council ordering the sarne to be laid, they shall be built of brick
or stone, or plank, at the option of the owlier of the property in
IS
REViSEr) czry oRnrN c1-'s.
front of whose lot of land such sidewalk shall belaid ; if of brick,
they shall be made of good, substantial, hard brick ; if of stone
the salve 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 fbur inches thick, even at
the top, to be range work, with close joints, full width of side-
walk ; when of plank, the same shall be not 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 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 alI 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. 3. That whenever it shall be deemed necessary or expe-
dient 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 side-
walk is to be repaired, a notice of not less than six hours, requir-
ing said owner or owners to repair said sidewalk, or any portion
thereof under the direction of said City Marshal or Street Com-
missioner, and in the event of his or their failing so to do, the
said City Marshal or Street Commissioner 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. 4. That if the owner, or owners, or agent thereof, can-
not be found in the City of Dubuque at the time said repairs up -
REVISED CITT ORDINANCES.
on said sidewalks or walks are required to be made, then and in
that event said City Marshal or Street Comnlissionershall repair
said sidewalk or walks, or any portion thereof, without further
notice at the expense of' the abutting property and owners there-
of, in the manner as provided in the third section hereof.
Sac. 5. T]iat after the assesslnentand levy of the taxes, as here-
inbefbre provided, for the purposes aforesaid, the City Treasurer
shall offer said property fbr sale for the payment of said taxes at
the annual tax sale for the payment of delinquent taxes.
CHIAPTER XX III.
AN ORDINANCE to require the filling up and raising of Lots to pre-
vent Stagnant Water thereon.
SEC. 1. Lots to be filled up to prevent
stagnant water remaining on
same.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. That the City Connell may, at any time, by reso-
lution, order and require any lot or lots 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 lots, and the height to which the same shall be filled up
and raised, and shall also fix a reasonable time for the comple-
tion of the work. Upon the passage of such resolution, a copy
thereof 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 respectively, either personally, or by leaving the same at
his, her or their usual place of residence.. In case of non-resi-
dent owners, notice shall be given by publication in the official
papers of the city, for the period of two weeks. And if any
owner or owners of any lot or lots shall, after such notice of pub-
lication, neglect or refuse to fill up and raise such lot or lots as
may be designated in such resolution, within the time required
thereby, the City Council may cause the same to he done at the
REVISED CITY ORDINANCES.
expense of the city, and assess the cost thereof with the inciden-
tal ex.penses on the lot or lots respectively, and the City Record-
er shall forthwith snake out and prepare an assessment
roll thereof, on which shall appear the numbers or description
of such lots, names of owners when known, cost of tiling np,
and other expenses incidental to the work and shall deliver the
salve to the City Council, and said council may, after slaving
examined and approved of the same, levy and assess such costs
and expenses against the premises chargeable therewith., and may
order that suit be instituted in any court having jurisdiction, to
subject the property to the payment of such assessment.
CHAPTER XXIX.
AN ORDINANCE relating to the obstruction of streets, alleys, and
sidewalks.
li
SPX. 1. Porch not to extend over four feet.
2. Cellar door nut to extend over five
feet.
3. Windows not to extend over twen-
ty four ineltes.
4. No sign post to remain on side-
.
5. Awnings must be eight feet high.
8. Goods hat to be placed on side-
walk.
7. Goods not to extend over three
feet.
8. No sign or show bill to bang on
sidewalk.
9. Mayor or Marshal to remove.
10. No person to drive over sidewalk.
11. Crosswalks to be kept free.
12. Borses not be fastened so as to ob-
struct walk.
13. Lumber or stone not to be placed
on walk.
14. Fined St to $50.
15. obstruction of streets punished.
Sr:e. l8. Trees planted two feet from ne.
17. In luring, sidowel'rs punished.
18. Must get permission from Mayor.
19. Lantern to be placed on open
sewer.
20. Vaults to be brick or stone.
21. To be built within time directed
by Mayor.
24. Sidewalks cleaned by ten o'clock.
23. Construction of pipe.
21. Removal of gravel punished.
25. Must not drive on sidewalk.
26. Permit required to remove build-
ing.
27. Building not to remain longer
theo one day.
28. Wagons not to remain on side-
walk.
29. Builders obstructing streets pun-
ished.
30. Encroaching an t•trcet punished.
31. To be removed within thirty days.
Be it Ordained by the City Council of the City of Dubuque
SECTION 1. 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 hereof 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 convic-
tion.
1
REVISED CITY ORDINANCES.
81
Sr.u. 2. That no cellar door fbr mercantile or other establish-
ments, used for receiving goods or other purposes, shall extend
,o as to occupy more than five feet of any sidewalk, and are
always to be kept shut, and secure, when not open for immediate
use, lender a penalty in each case of five dollars, for each and
every offense.
SIia. 3. Thaat no bow -window, or other window, shall extend
into any sidewalk more than twenty-fbnr 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 offense to any person violating the provisions or
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. And all signs heretofore erected or placed over the
sidewalk, shall be removed within ten days after such notice,
under a like penalty.
Si'.o. 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; 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 tour feet in height, and
placed in to line with the outer edge of the sidewalk.
Sne. a. That all awnings hereafter erected, shall be elevated at
least: eight feet at the lowest part thereof above the top of the
sidewalk, and shall he supported withont posts, by iron brackets,
or in- iron frame -work attached firmly to the building, so as to
leave the sidewalk wholly unobstructed thereby. All awnings
heretofore erected in a different manner, shall be removed in a
(llj
82 1IX1SEI CITY ORII.N:1NCEs.
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, to
remove the same, he shall be 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 service
thereof.
SEC. 6. Tliat no person shall place any goods or merchandise
for sale or exhibition, upon any sidewalk, or suspend any goods
over the salve for sale or show, except as provided in the next
section, or place or deposit thereon, cause or suffer the salve to
be done, any Bask, barrel, wood, stove, or any other article what-
ever, under a penalty of five dollars for each offense, and a like
penalty for each and every hour the same shall remain after
notice from the Marshal to remove the same.
Sac. '7. 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 build-
ing, ; it shall also be lawful for any person to price 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. the shall be in the act of receiving or
delivering.
SEC. S. That no owner or occupant of any dwelling horse,
store, or other building, shall fix, put up, or erect, or suffer die
same to remain fixed, put up, or erected, ally sign, show bill,
show case, canvass, 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 penalty of five dollars
for each offense, and a like penalty for each day the satire shall
remain, after notice from the Marshal to remove the salve.
SEC. 9. That the 'Mayor or A'iarshal, is hereby authorized
to cause any post., awning or other obstruction erected, placed or
continued on, or over any sidewalk, contrary to the provisions
REVISE]] CITY oRDIN.NOES.
83
hereof, to be removed, after due notice has been given to remove
the same. and a neglect to comply with such notice.
SEC. 10. That rlo 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 suit-
able crossing or means of access is provided, under a penalty of
two dollars for each offense.
SEC. 11. That all cross -walks in the city shall be kept and
reserved free from any sleigh, wagoll, carts or carriages, horses or
other an i vials, 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, ex.rt or carriage, or horses or other ani-
mals 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 offense; 'aLn(] 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.
SEO. 13. That whoever shall in this city, place or cause to be
placed upon any of the streets, dleys, sidewalks or public
squares, any cord wood, timber, lumber, stone or any other
species of property or thing, and shall suffer the same to remain
More than twenty-four flours after being notified by the Marshal
to remove the same, shall be fined not less than one nor more
than fifty dollars.
Six. 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.
t 1 iik,vrsEU err- uRDE.NANcr:s. REVISED CITY ORDINANCES. 85
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 travel_
ing thereon, or render the name dangerous, shall be fined not
less than one, nor more than fifty dollars.
SEC. 16. That all ornarnental or shade trees hereafter placed
or set out in any street shall be placed or set ont within the. outer
lines of the sidewalk, and within two feet of said outer line of
the sidewalk of such street, and every person placing, or causing
or procuring t.n be placed, any tree contrary to the provisions of
this section shall be fined not less than one, nor more thuuu ter.
dollars.
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, pave-
ment 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 may be making under
any ordinance or resolution of the City Council, or shall hinder
or obstruct any person employed by the city, its Street Com-
missioner, or Marshal, in snaking or repairing any public irn-
provernent or work ordered by the Council, the Street Commis-
sioner, or Marshal, shall for each and every offense be fined not
less than five, nor more than fifty dollars.
SEC. 18. That no person shall construct, or cause to be con-
structed 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.
SEo. 19. That whenever permission is given any person to
construct any such sewer, vault, cistern or well, as is mentioned
in the last section, the person making or having charge of such
sewer, vault, cistern or well, shall, daring the whole of' every
night, while such sewer, vault, cistern or well shall be opened ar
Eincovered„ fence the same with a good substantial fence, and
cause a lighted lamp or lantern to be placed and kept near the
satire, so that it may be plainly seen; and every such owner, oc-
cupant or person snaking or having in charge such work, who
shall neglect the requirements of this section shall forfeit a pen-
alty of twenty-five dollars.
SEc. 20. That all vaults under sidewalks in this city shall be
built of brick or stone, and the outward side of the grating or
opening into the street, shall be within one toot of the outside
of the curbstone of the sidewalk; and all such vaults shall be
completed, aiud the ground and sidewalk replaced over them
within two weeks after they are respectively commenced, and
every person neglecting any of the provisions of this section
shall forfeit and pay the surn of twenty-five dollars.
SEC. 21. That whenever permission shall be given to any per-
son to lay any drain, sewer, gas pipe or aequeduct 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 substantial and perma-
nent a manner as the same was before, under a penalty of twenty-
five dollars.
Sur... 22. That all persons shall, by ten o'clock every morning,
remove all snow, ice and dirt, fr•orn the sidewalks in front of the
premises owned or occupied by them, under a penalty of one
dollar for each and every neglect.
SEC. 23. That all persons owning or occupying any building
in this city, shall cause the pipes conducting the water from the
eaves of the building to be so constructed as not to spread the
water over the sidewalk; and every person neglecting the re-
quirement of this section, shalt be snbject to a fine of ten
dollars.
SEC. 24. That whoever shall in this city, dig up or remove any
sand, earth, gravel, stone or rock, arose 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
86
RSVISTrD CITY f111DTNA. CFS.
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 ont of the premises owned
or occupiers 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 buikling into,
along or across any street i11 this city, without the written per-
mission of the Mayor, under a penalty of ten dollars.
SEC. 27. That no person, owner of any building permitted to
be removed into, along or across any street, alley, or public
ground, nor the contractor for moving such ll' ilding, shall suffer
or permit such building to remain in any street, ftlley or public
ground for a longer time than one Clay after notice from the
Marshal to remove the same, under a penalty of five dollars for
each offense.
Sec. 28. That no owner or occupant of any livery stable,
wagon or blacksmith shop, or other place of business, shall suf-
fer any wagon, cart, dray, carriage or other vehicle, whether left
for safe keeping repair or otherwise, to be or remain o11 the side-
walk or alley adjoining or fronting any such premises, nor on
that halt of the street. adjoining or fronting the same, under a
penalty of one dollar for each and every offense.
SEC. 29. That no builder or other person shall ineumber or
obstruct any street or alley with building or other like material,
without a written permit from the Mayor; nor shall, except in
case of urgent necessity, lncumber or obstruct more than one-
third of any street or alley, or one-half of the sidewalk; nor
shall such obstruction continue in any case longer than may be
necessary in the diligent erection of such building, or the prompt
execution of the work; whoever shall violate any of the proVis-
1(I3'ISED CITY ORDINANCES.
87
ions of this section shall be subject to a penalty of five dollars
for each day he shall continue ill violation thereof.
SEC. 30. No person shall snake or cause to be made, any erec-
tion or enclosure encroaching in whole or in part upon any street,
alley or sidewalk, under a penalty of not lais than ten dollars,
and a like penalty for each day the salve shall remain after no-
tice from the Marshal to remove the same.
SEC . 31. 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 Mar-
shal, shall be subject to a penalty of not less than ten dollars, and
a like penalty for each day he shall fail to comply with such
notice.
CHAPTER XXX.
AN ORDINANCE defining offenses
therefor.
SEI3. 1. Disturbing the peace.
2. intoxication.
3. Disorderly conduct.
4. False alarm tire.
:1. Exposure of person.
li. ob-cent books.
7. Obscene figures.
8. Indecently- exhibiting animals.
0. Maltreating dumb animals.
10. -injuring public property.
11. Injuring monuments.
12. Breaking street lamps.
13. Not to li;;lat street lamps.
14. Not to climb lamp posts.
15. Not to injure °as or waterpipes.
and prescribing the punishment
SEC. 16. Not to fasten animals to trees.
17. Fact driving punished.
16. horses must be fastened.
10. Vehicles must turn to right.
20. Not to discharge firearms.
21. How poi -on is to be sold.
22. Sate of diseased meat.
23. Loitering about streets.
24. Houses of ill -lance.
25. Loitering about houses of ill -
fame.
20. Disturbing lawful assemblage.
27. Profane language.
28. Charivari.
2-3. Bathingin Mississippi ricer.
11e it Ordained by the City Council of the City of Dubuque :
SnorIoN 1. That any two or more persons who shall assemble
at any place within the city for the purpose of disturbing the
peace, or of committing any unlawful act, and who shall not dis-
perse when commanded or requested by any peace officer, shall
each severally be subject to a penalty of not 'ess than five, nor
more than fifty dollars.
Sc,E2. That whoever shall be found in any street, alley or
public square of'the city, intoxicated with liquor, or shall will-
SS REVISED CITY ORDINANCES.
hilly and maliciously disturb the peace or quiet of the city, by
nicking load or unusual noises, or tumultuous threatening, 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 nuy public meeting or other
assembly, or in any hotel, tavern, store, shop, or other place of
business or private residence, be guilty of any violent, tumultu-
ous, 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 penalty of not less than
one, nor more than fifty dollars.
SI•:o. 4. That whoever shall make a false alarm of fire, or any
false city tor assistance, shall be fined not less than five, nor more
than fifty dollar.
SEC. 5. That whoever shall purposely or publicly make any
indecent exposure of his or her person; or shall appear in a
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 in-
decent or lewd act or behavior, shall be subject to a penalty of
not less than five, nor more than fifty dollars.
SEC. G That whoever shall sell, give, or offer for sale, any
indecent, obscene or lewd book, picture, statue, or other like
tiring; or shall exhibit or perform any indecent, obscene or lewd
play, exhibition or other representation, shall be subject to a tine
of not less than five, nor more than fifty dollars.
SEC, 7. 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. S. 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 inclosed place out of public•
REVISED CITY oaDIx11xC..S.
89
view, shall he subject to a fine of not less than five, nor more
than fifty dollars.
SEc. ll. That whoever shall inhumanly, cruelly or unneces-
iu•ily beat, abuse, or otherwise maltreat any dumb animal, shall
be subject to a fine of not less than five, nor more than fifty
dollars.
SEC. 10. That whoever shall wilfully, maliciously or negligently
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 dol-
lars.
Syr. 1 1. 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, for any other' property, article, or thing, belonging
to any cemetery, orburyingground within the city, or placed or
ereeted therein for ornament or otherwise ; or shall trespass on,
or maltreat any grave therein, shall be subject to a fine of not
less than live, nor more than one. hundred dollars,
SEC. I?. That whoever shall wilfully, maliciously, or negli-
gently 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.
Sic . 13. That whoever shall, without due authority, light, or
extinguish any street lamp ; or shall turn on the gas therein,
shall be subject- to a fine of not less than five, nor more than
twenty dollars.
Sac. .14. That whoever shall climb up any street lamp -post,
.without lawful authority, or shall fasten any horse, or other ani-
mal thereto ; or shall place any goods, boxes, wood or other sub-
staiieet gasame, inst the sae, shall be fined riot less than five, nor more
than fita't.y dollars,
SEO. 1.5. That whoever shall wilfully destroy, or injure the
Pipes of any gas -light, or water company, constructed fbr supply.
(12)
90
REVISED CITY 0RIINANG'! S.
ing the city or its citizens, with gas or water ; or shall remove or
injure the cap or lid of any public cistern, shall be fined not less
than five, nor Fiore than twenty dollars.
SEC. 16. That whoever shall, without the consent of the own-
er or occupant of the premises, fasten any horse, or other animal
to any fence, railing, or tree, or to any boxing placed around any
tree ; or shall wilfully, maliciously, or negligently, in any man-
ner injure, deface, remove, or destroy any ornamental or shade
tree, or boxing placed around the salve, or any shrub, fence rail-
ing, gate or sign, upon any public grounds, sidewalks or pri-
vate premises, or shall trespass on any private premises or pub-
lic grounds. and 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.
SEo. 17. That whoever shall purposely and rapidly, or im-
moderately ride or drive any horse or mule, or cattle, or other
like animal, or any teats, 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 nninclosed or public place, without being fastened,
guarded, or secured, so as to prevent its running away, shall be
fined not less than five, nor more than fifty dollars.
SEe. 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 pass -
way 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 section, shall be
subject to a penalty of not less than five, nor more than fifty dol-
lars.
Srrc. 20. That any person, Who shall unnecessarily discharge
any firearms, explode _ any fire -crackers, or other fire -works, or
REVISED CITY on.nixSN(Es. 9i
throw into any street, or alley, any squib, or other article contain-
ing powder, or other explosive material, shall be subject to a fine
of not less titan orie, nor more than ten dollars for each offence :
x-roNied, That the City Council may, by resolution, suspend
the operation of the preceding provisions of this section, in whole
or in part, on the Fourth day of July, or any other day of pub-
lic rejoicing.
SEC. 21. That whoever shall keep, sell, or deliver any poison,
usually known or used as deadly poison, without legibly mark-
ing the name thereof, or the word "Poison," upon the phial,
wrapper, or other inclosru'e containing the same ; or whoever shall
sell, or deliver any arsenic. strychnine, prussic acid, or other poi-
son usually known or used as a deadly poison, 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 time same was obtained ; or whoever shall sell
or deliver any sueh 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, npon the prescription of a practising 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 a.ny sick, diseased, or otherwise unwhole-
some dead animal, poultry, or fish ; or the flesh of any animal,
fowl or fish, Ilot usually used or deemed wholesome for food ; or
any other unsound or unwholesome provisions, or articles of
fi,ocl whatever ; or any adulterated or pernicious milk, drink or
liquors,, shall be subject to a penalty of not less than ten, nor
more than fifty dollars for each offense ; 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.
Sm. 23. That any person found loitering about the streets
of the city, without any legal occupation or business, or means
92 REVISED CITY ORDIN A tiCES. REVISED CITE [I.RDINANOEa. 93
of support, or who shall occupy fin' lodging, or any other p11r-
pose, any barn, shed, shop, vessel or place, not kept for that pur-
pose, without pe1'illission of the owner, or person entitled to
possession thereof, shall be deemed a vagrant, and shall be pun-
ished by a title of not less than five, nor more than fifty dollars,
or by imprisonment in the county jail not more than thirty
days.
SEC. 24. That whoever shall keep, maintain, frequent, he an
inmate of, or connected with, or contribute to the support of any
disorderly, gaining, or bawdy house, house of ill -fame or assig-
nation, or any place used for the practice of fornication ; or shall
knowingly suffer, or permit any premises owned or ocenpied 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 loitering
about saloons, taverns, drain shops, of ]louses of ill -fame, or wan-
dering about the streets, either by dal or by night., in a suspici-
ous planner, 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 implement or device used
by cheats and swindlers, without being able to give a good ac-
count. of himself, shall be fined not less than ten, nor more than
fifty dollars.
Svc. :.i That whoever shall disturb any lawful assemblage
of people by flute or indecent behavior, or otherwise, shall be
fined not less than five, Igor 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 un-
seelnly language within the hearing of other persons, or shall iu
any house, building or other place use such language 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, cllarivari any per-
son or persons, by blowing horns, beating drums, kettles or pans,
jingling bells, or by any such means as are used at what is com-
monly e,alled a chariva.ri, shall be fined not less than five, nor
more than twenty dollars.
SEC. 29. That whoever shall battle or swim in the Mississ-
ippi river, or in any other water course, pond or pool in the city,
between one hour before sunrise and one hour after sunset, be-
ing naked, or insufficiently clothed to prevent the improper ex-
posure of his or her person, shall be fined not less than one, nor
more than twenty dollars.
CHAPTER XXXI.
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. Tot,ikeoath.
9. Mayo' to suspend.
5. Have power to enter houses.
6. Huse power to enter with force
7. Mast he quiet and civil.
8. DO tact not take reward or gift.
9, Not to compound offenses.
10. Not to give information.
11. To wear insignia, of office.
12, Not he absent From duty.
SEC. 13. Persons arrested to be taken be-
fore justice.
14. Not to maltreat prisoners,
15. To enter charges to book.
16. To be taken before police court.
17. Hnckmen to obey- policemen.
18. Policemen to obey marshal.
19. Persons not to resist policemen.
20. Resistance punished.
21. Falsely representing punished.
22. Marshal and policeman to remove.
obstructions from sidewalks,
streets, &c.
23, To forfeit one dollar for neglect.
Be it Ordained by the City Council of the City of _Dubuque
SECTION 1 . That the City Council play at any time appoint
such number of policemen and night watchmen as they may
deem Necessary for the purpose of guarding and protecting the
peace and quiet of the city, and the lives and property of its in-
habitants; and such policemen and night watchmen shall, while
on duty during the day time, be under the control and subject to
the orders of the City Marsha], but during the night tune, and
ill the absence of the Marshal, shall be under the exclusive eon -
trot, and subject to the orders of a Captain of' Police, to be ap-
pointed by the City Council, and such captain shall also be a
policeman and subject to the orders of the Marshal, and shall
report either to the Marshal or City Council any neglect of duty
on the part of any policeman or watchman under his control.
94 REVISED Crh'] ORDI A ICES.
• SEC. 2. All police officers or watchmen must be citizens of
the United States and of the State of Iowa, and actual residents
of the City of Dubuque, -and shall be capable of speaking the
English language, and not interested or engaged in keeping arty
tavern, saloon, coffee house, tenpin 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 entering
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 limits, and it shall
be their duty to see that the lives and property of the inhabi-
tants of the city are carefully watched over and guarded and to
prevent as far as may be in their power, the commission of any
offense against persons or property. For these purposes they
are hereby invested with authority, and it shall he their duty to
arrest, with or without warrant, and to imprison for the time
being, until they can be brought before the proper court for ex-
amination or trial, all persolis who shall be guilty of any viola-
tions of the laws of the State or City.
Saar. 4. Any policeman or watchman who shall be found asleep
while the should be on duty, or intoxicated, or absent from his
beat, or guilty of any dereliction of duty, or of improper con-
duct, shall be complained of to the .Mayor by the Marshal im-
inediately ou 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 MaIshal.shall make report to them of all the facts in the case.
SEC. 5. Any person who shall have committed a breach of
the peace, a felony or a misdemeanor, may be pursued wherever
he may go, and if he take refuge in any house, enclosure or
other place, the policeman, after stating his office and object,
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 eni
powered hi a peaceable manner (or if refused admittance after
REVISED CITY ORDIN1'MCl(S. 9J
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, iri which any person or persons may
reasonably be suspected to be for unlawful purposes, and it' any
person or persons shall be found therein guilty of any crime or
misdemeanor, or violation of any law or ordinance for the pre-
servation of the peace and good order of the city, or who may
reasonably be suspected thereof, or who shall be aiding and abet-
ting such person or persons so found, said police officer shall ap-
prehend 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 conduct
and deportment, innst be quiet, civil and orderly. In the per-
formance of his duty he must maintain decorum and attention,
command of temper, patience and discretion; lie must at all
times refrain from harsh, violent, course, profane or insolent
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 com-
pensation for any damages sustained by him in the discharge of
his duty, without the written permission of the Mayor.
SEC. 9. No policeman shall.cornpound any offense committed
against persons or property, or withdraw any complaint therefor,
without the consent ot• the Mayor.
Svc. 10. No member of the police shall communicate to any
person any information which may enable any person to escape
from arrest or punishment, or enable them to dispose of or se-
crete any goods or other valuable thing stolen or embezzled.
Sne. 11. And all policemen, when on duty, shall wear the
insignia of their office on the outside of the outermost garment
over the left breast, conspicuously displaying the same, so that
the entire surface thereof may be seen, except when caution may
dictate that the same shall not be exposed.
gib REVISED CITY ORDIXAICUES.
SEC. 12. No member of the police shall be absent from duty
or leave the city, without the consent of the Mayor.
SE..c. 13. All persons wlio shall be arrested. by the police dur-
ing the time the office of the police justice shall be open, shall
be taken immediately before said justice; and all persons who
shall be arrested at any other time, shall be conveyed to the
calaboose, unless otherwise ordered by the Mayor or Marshal,
or unless it shall require a place of greater security, in which
case he, or slie, shall be immediately taken to the county jail.
SEC. 1.4. Any officer or policeman who shall willfully mal-
treat or use unnecessary violence toward a prisoner•or other per-
son, shall, on complaint, being tirade and the fact established, be
suspended or discharged, at the pleasure of the Mayor.
Si,. 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 iii the cala-
boose, 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 uiuritli said Marshal shall report to the City C.c un-
cil the disposition wliic]i may have been made of the persons so
confined.
SFr,. 1U. The Marshal shall every morning, on the opening
of the police court, cause the persons who may he detained in the
calaboose the night previous, and all property which may have cone
into his possession during she night, tobeconveyed to the police
court accompanied by the policeman 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 prisoner ; and shall, in case such prisoner be convict-
ed and pays the fine, be entitled to receive such fees as are paid
to a constable for like services.
SEc. 1.7. Ilackmen, 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
REVISED CITY ORDINANCES. 97
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 slialI refuse to obey the conunands or directions of said
officer or officers as aforesaid, shall be subject to a line of not less
than one, nor more than twenty-five dollars.
SEC. 1$. The policemen and watchmen shall obey the orders
of the Marshal, and shall report to hixn all violations of the eity
ordinances and of the laws of the State committed within the
city, which may come to their knowledge. And all suspicions
persons, bawdy houses, gambling houses, and all other places
where idlers, disorderly and suspicions persons 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 obstruct any
policeman or watchman in the discharge of his duty, shall, upon
conviction, he fined not less than twenty-five, nor more than one
hunrlrcd tlidlars.
SEC. 20. 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 re-
quire the aid of any citizen present, and if such citizen shall re-
fuse or neglect to render the aid required, he shall upon convic-
tion be subject to a fine of not less than one, nor more than twenty-
five dollars.
Sx:c. 2.1. Whoever shall falsely represent himself to be an
officer of this city, or shall without authority, exercise or attempt
to exercise an of the powers. duties or functions of any city offi-
cer, shall be subject to a penalty of not less than twenty-five, nor
more than one hundred dollars.
SFc- 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, frorn ob-
[13)
1+4 REV IK1 a t',r]'}" 01?.DINANCES. ]t131'i511t CITY 0.1tJINANWEK. tj[1
structions on or over the streets, sidewalks and gutters of the
city, it is hereby made the duty of all patrolmen, policemen, cap-
tains of police and City Alairshal to have all obstructions in their
respee.tive beats removed, and keep the same clear at all tinges,
while. on duty, from the sidewalks, streets and gutters, arid to put
up all necessary guards and lights to prevent accident when sew-
ers and bridges are open for repair.
SEC. 23. And for neglect of said duty there shall be deduct-
ed frorri each of said officers' salary above Valued the suui of one
dollar for each ofieltse.
CHATTER XXXII.
AN ORDINANCE to provide for the
Taxes in the City of Dubuque.
Sae. 1. Duty of Auditor. SEC. 44.
2. Assessor to begin 3d Monday in Jan. 45.
3. To assess all property,
4. To administer Oath. 46.
5. What property to assess. 47.
6. `.Germ "Credit defined. 48.
7 Who will assist assessor.
8. Commission goods to be assessed a6.
9. Other persons property, how listed 60.
10. Railway and Bridge property. 6l.
11. Roadbed not included. 52.
]2. Telegraph property.
13. Property listed January 1st. 53.
14. Depreciated Bank Notes. 54.
15. debts in good faith deducted. 55.
16. Ali personal property listed. 16.
17. Manufacturer defined. 57.
18. Money notes and credits. 56.
10. Banking Associations. 59.
60. When to account. 00.
21. To conform to act of Congress. 61.
22. Assessment completed Jae 1st- 62.
23. 'Unknown Real Estate. 63,
24. Assessor. neglect of duty. 64.
2i, Committee on Assessments. 85.
26. Auditor to give notice. 68.
27. Appeal to City Council. 67.
28. Council to fix water limits. 68.
29. Council to levy tax. 69.
30. Auditor to transcribe. 70.
31. To deliver to Treasurer. 7].
32. Auditor may correct. 72.
33. Auditor So mark on book "sold." 73.
34. To give notice for one month. 74.
35. Treasurer to enter unpaid taxes.
36. Treasurer to collect taxes. 75.
37. To notify person when property "6.
is ' sold.' 77.
:lg. Treasurer to certify to amount of 78.
taxes. 79.
39. Treasurer's Receipt. 80.
40. Treasurer liable 011 his bond. 81.
4]. Treasurer to assess property omit- 82.
ted. 83
42. Owner to assess property omitted 84.
43. City Warrants to he received for
taxes
assessment and co]Iection of
No demand for taxes.
Five days notice for sale of per-
sonal property.
Resistance to Treasurer punished
When taxes are delinquent.
Treasurer to sell personal proper-
ty.
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 ehtitled to purchase.
Treasurer to sell from day to day
Purchasers to pay.
Owners may pay.
Description in figures.
Copy of advertisement.
Auditor to attend sales.
Treasurer may adjourn sale.
Officers not to purchase.
Kale at other time.
Certificate of purchase.
Certificate assignable.
Duplicate Receipts.
Properly 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 heed.
Deed to be signed by Treasurer.
Not to effect former sales.
Error in sale corrected.
Money refunded.
wrong name not invalid.
Statute to govern.
When money to be refunded pun.
chaser.
Be at Ordained by the Cily Council of the City of Dubuque:
SICCTioN 1. The Auditor shall, on or before the i 5t.lr day of
January, of each year, deliver to the Assessor, a suitable plat of
the (.'its', and of each addition thereto ; and of each sub -division
of any town lot, or mineral lilt on which to check each parcel of land
assessed, and suitable books properly ruled and headed, in which
to enter the following items :
a. The name of the individual, corporation, company, soci-
ety, partnership or firm, to whom any property shall be taxable.
b. His or their lands by lot or subdivision thereof accord-
ing to the system of numbering or part of suh-division thereof',
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 sufiieient to properly identify it.
c. Personal property as follows: Number of Cattle, number
of' Horses, number of mules, number of Sheep, number of Swine
over six months old, number of Carriages, and Vehicles 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 Corporation or Company not
required by law to be otherwise listed or taxed; amount of tax-
able farming utensils, or mechanics tools, amount of all other
personal property not otherwise enumerated, a.ncl the number of
polls, and a column for remarks. 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 assessed, or who may
be required by law to list property belonging to another, enter
in the books furnished him for that purpose, the several items
specified in the ]]receding section, entering the names of the per-
100
REVISED CI TY oxli1NA "..s4 LIES.
sons assessed in alphabetical order, so Ar as practicable, by al-
]oting to each letter its regnisite nnmber of pages in each of the
said books.
SEC. 8. 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 re-
fuse to assist in slaking out a list of his property, or of any
property which he is by law required to assist ill listing, or who
shall refuse to make the oath required by the next section, shall
be fined the sum ot one hundred dollars, and the Assessor shall
assess such person according to the best information he can get.
SEC. 4. The Assessor shall adminster an oath or affirmation
to each person assessed to the effect that he has given in a full,
true and correct inventory of all the taxable property owned by
him, and all property which he is required by law to list, to the
best of his knowledge and belief; and in case any one refuses to
make such oath or affirmation, the Assessor shall note the filet
in the column of remarks opposite such persons name; and
should it afterwards appear that such person so refusing has not
given a full list of his property, or that. which he was by law l•e-
quired to list, any property so omitted shall be entered on the
book of the Assessor at double its ordinary assessable value aiul
taxed accordingly.
SF.c. 5. All property which is by law exempt f1•oin taxation
for State and County purposes shall be omitted f'rozu the assess-
ment herein required. All other property, real or personal, 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 including bank bids, money,
property or labor due, from solvent debtors on contract or on
judgment; mortgages and other like securities, and accounts
bearing interest, and every description of conveyance of property
given or received as security for money loaned or other indebt-
edness; property situated in the City belonging to any bank or
REV BED Ci-1 oRntr A.NC S. 1QT
company incorporated or otherwise, whether incorporated under
the laws of this or any other State, public stocks or loans, house-
hold furniture, including gold and silver plate, musical instru-
ments, watches and jewelry, private libraries for their value
exceeding three hundred dollars; carriages, threshing Machines
-and every deseription of vehicle, farming utensils, machines, and
machinery, and professional libraries for their aggregate value
over three hundred dollars; boats and vessels of every descrip-
tion whether registered or licensed, and whether navigating 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.
SEC. Fi . The terra "credit" as _!sed in this ordinance includes
every claiin and demand for money, labor or other -valuable thing,
and every annuity or sum of money receivable at stated periods
and all money or property of any kind secured by deed, mort-
gage or otherwise; but pensions of the United States, or any of
them, and salaries or payuient.s expected tar services to be ren-
dered, are not included in the above terns.
SEo. 7. Every inhabitant ot this City, of full age and ound
mind, shall assit the Assessor in listing all property subject to
tmation in this City, of which he is the owner, or has the con-
trol or management, in the manner hereinafter di,ected ; the
property of a ward is to be listed by his guardian, of a n1111or,
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 prop-
erty is held in trust by a trustee; and the personal property of
a clee.edeiit by the executor; of a body corporate, company,
society or partnership, by its principal accounting officer, agent
or partner, Property under mortgage or ]ease is to be listed by
and taxed to the mortgagor or lessor unless it be listed by the
mortgagee or lessee.
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
1i12 REVISED CITE ❑R11IN.1NC1 S.
purpose of taxation, to be deemed the owners of the property in
their possession.
SEC. 9. Any person required to list property [belonging to an-
other, shall list it separately from his own, giving the Assessor
the name of the person or estate to whom it belongs; but the un-
•
divided property of a person deceased belonging to his heirs may
be listed as belonging to his heirs without enumerating them.
Any individual of a partnership is liable for the taxes due from
the firm.
SEC. 10. Lands, lots, and all real and personal estate belong-
ing to any railway company. and all railroad bridges across the
Mississippi river, shall be subject to assessment and taxation on
the salve basis as the property of individuals.
SEC. 11. 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 taxation.
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 salve was taken for such public purpose, provided such high-
way or street be of record as having been donated to the public.
Sxc. 12. All property, real and personal, including their
franchises, owned by telegraph, express and steamboat compan-
ies, shall he listed, and assessed for taxation, and shall he subject
to the same levies as the property of individuals.
SEC. 13. Al] taxable property shall be listed and assessed
each year in the name of the owner thereof on the first day of
January.
SEe. 14. Depreciated bank notes, and stock of corporations
and companies, shall be assessed at their cash value; credits shall
be listed at such sum as the person listing them believes will be
received or can be collected thereon, and annuities at the value
which the person listing them believes them to be worth in
In 011er.
REVISED CITY OKLIINAKCES. 103
SD). 15. In making up the amount of money or credits which
any person is required to list, or have listed and assessed, lie
will be entitled to deduct from the gross amount all debts in
good faith owing by him but no acknowledgment of indebted-
ness, not founded on actual consideration, and no such acknowl-
edgment made for the purpose of being so deducted, 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 equit-
ably or legally bound to pay; and so much only as he believes
lie will be compelled to pay on account of the inability of the
principal debtor; and if there are other sureties able to contrib-
ute then so much only as he. in whose -flame the list is glade will
be bound to contribute; bat 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 ac-
count of any unpaid subscription to any institution, society, cor-
poration or company; and no person shall be entitled to any de-
duction on account of any indebtedness contracted for the pur-
chase of United States bonds or other non-taxable property.
Sr:e 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 salve, shall be held
to be a merchant for the purpose of this ordinance. Such prop-
erty shall be listed for taxation, and in estimating the value
thereof the merchant shall take the average value of such prop-
erty his possession or under his control, during the next year
previous to she time of assessing, and if helms not been engaged
in the business so long, he shall take the average during 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 per-
sonal property of any description, for the purpose of adding to
the value thereof by any process of manufacturing, packing of
104 1i,F:F1sEL carry ORDINANCES.
meats, refining, purifying or l)y
materials with a view of making
by selling. the same, shall be ]lead
purposes of this ordinance; and
average value of such property in
ed in the preceding section; but
upon those materials only which
manufacture.
the combination of different
gain or profit by so doing, and
to be a. manufacturer for the
he shall list for taxation the
his hands, estimated as direct -
the valve shall be estimated
enter into the composition or
SEC. 18. Any person acting as the agent of another and hav-
ing in his possession or under his control or management any
money, notes and credits, or personal property belonging to sneh
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 person.
ally Iiable 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, prop-
erty, 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 ordinance.
Sic. 19. Ali 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 Cnrreucy, secured by the pledge of United States
Stocks, and to provide t=nr the circulation and redemption thereof,
held by any person or body corporate, shall he included in the
valuation of the personal property of such person or body cor-
porate in the assessment of taxes in this City, whether the hold-
er thereof resides here or not; but not at a greater rate than is
assessed on other moneyed capital in the hands of individuals.
SEc. SO. The principal accounting officer of each of such as-
sociations, between the first and fifteenth days of February, of each
year, shall list the shares of such association, giving the Assessor
the name 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 said shares,
REVIS1a) CITY ORDINANCES. 1.05
each banking• association shall he liable to pay the same as the
agent of each its shareholders under the provisions of section
twenty of this ordinance, and the association 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 afore-
said, then said Assessors shall assess the shares in any suc]i
Natiet al Bank in such manner as to conform to such amended
act of Congress; provided that such shares shall not he assessed
at a greater rate than is imposed by law on other moneyed capi-
tal in the hands of individuals in this City.
St;c.22. The Assessor shall, on or betore the first day
of June, in each year, complete the said assessment book,
and so notify the Council. Said book shall have the several
columns of numbers and valve 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 name of the owner of any real estate is
unknown, it shall be lawf'iil to assess such real estate without
connecting therewith any name; but inscribing at the 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
onedeseription shall comprise more than one town lot, ormineral
lot, or number of any sub -division thereof, or more than the six-
teenth part of a section or other smaller sub -division of the land
according to the goverinnent 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 him by this ordinance, at the time and
in the manner specified, he shall he liable to a fine of not less
than twenty, nor inure than one hundred dollars, to be recovered
(14)
.11rti RE V1tit11 cI'1'-' oRD1NANCIE S.
in an action brought i1' the nan-ie of the City, and the judgment
Shall be against hint and his bondsmen.
SEC. 25. The City Council shall, at the regular meeting in
June in each year, appoint a Committee on Assessments, con-
sisting of one Alderman from each ward. Such Committee
shall constitute a hoard for the equalization of taxes, and shall
have power to equalize the assessments of all tax -payers by in-
creasing or diminishing the valuation of any kind of property
or the entire assessment of any tax -payer, as they 'nay deem just
and necessary for the equitable distribution of the burden of tax-
ation upon all the property of t.lie City; and the Assessor
shall meet with such committee. The Auditor shall be
the clerk of such Committee, and keep a record of their proceed-
ings. At the first meeting of said board of equalization 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 sane
in a conspicions place in the place of meeting of said board and
in the postoflice in the City, and the committee shall, if in their
opinion some of the assessment should be raised, hold all adjourn-
ed meeting with at 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.
SEC. 26. The Auditor shall, upon the receipt of the assess-
ment 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 her 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 t.l'is
ordinance, the Council may, by- resolution, extend the time for
appeals until the expiration of one month from the date of
such return.
REVISEI] CITY OIDINANOES. i107
Src. 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 as-
sessment is too low. All such appeals shall stand referred with-
out action of the Council to the Committee on Assessments who
shall hear such appeal, and report their proceedings to the Coun-
cil with such recommendations as shall seem proper; and the
action of the City Council in the premises shall be final. Pro-
vided, that no assessment of moneys and credits, or other person-
al property, shall he 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 meeting
in January, in each year, fix the limits of the benefits or protec-
tion of the water works, which shall be done by resolution defin-
ing the same.
SEC. 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, specifying the percent-
age of tax to be raised for the purpose of paying the debts of the
City. They shall also at the sane 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 Ditbugue -Water Company under their contract with the
City.
SEe. 30. After having made the corrections determined o-
the Council, the Auditor shall forthwith proceed to transcribe
such assessment book, and complete the tax list by carrying out
in separate coluinils the different taxes levied by the Council,
carrying out separately the tax on personal property, and on each
piece of real property, and footing up the total tax of each per-
son. firm or corporation. He shall complete such book on or
before the first day of November.
108 REn•Isl.:1) (TIT' Y ORDINANCES.
SEC. 31. The Auditor, after completing said tax book, sIiall
enter upon the same a warrant to the Treasurer, which shall be
subscribed by the Mayor, and attested by the Recordei, with the
seal of the City affixed thereto, and deliver the same to the Treas-
urer, taking his receipt therefor; and such list shall be full and
sufficient authority for the Treasnrer to collect the taxes therein
levied. But no informality therein, nor the want of ar1V 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 specified, shall affect the validity of any
taxes, or saes, or other proceedings for the collection of taxes
under this ordinance.
SEC. 32. The Auditor may correct any clerical error in t11cr
assessment or tax book, and shall make any correction therein
when directed by the City Council; and when any such correc-
tion affecting the amount of tax is made, after the books shall
have passed into the hands of the Treasurer, 11e shall charge the
Treasurer with all sums added to the several taxes, and credit
hire with all deductions therefrom and report the same to the
Council.
SI:n. 33. The Auditor, when making up the tax book of the
City, and before said hook is placed in the hands of the City
Treasurer for collection of the taxes therein, shall designate 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."
SEo. 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 that all persons pay-
ing their taxes before the first day of January next following the
levy of such tax, shall be entitled to a reduction of three per cent.
upon the amount of their taxes, and all taxes unpaid on the first
day of January shall be delinquent and shall bear interest from
and after that date.
REVISED CITY nrznr.TN mars.
109
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 hereinfter provided.
SEC. 35. The Treasurer, on receiving the tax book for each
year, shall enter upon the same in separate columns, opposite
each parcel of real property or person's name, on which or
against whom any tax remains unpaid, for either of the preced-
ing years, the year or years for which sneh delinquent tax so re-
mains due and unpaid; and any sale for the whole or any part
of such delinquent tax, not so entered, shall be void.
SEC. 361. 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 proceedings prior
to receiving the Iist. and he is also authorized and required to
collect,. so fkr as practicable, the taxes remaining 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," notity such per,;on that
such property has been sold for taxes, and inform him for what
taxes said property was sold, and at what time said sale was ef-
fected.
SEC. 38. 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 assessments
shown by the books in his office, with the amount required f'or
redemption from the sarne, 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 fbr the first parcel, and twenty -fire
cents for each subsequent parcel. Each description in the tax
list shall be reckoned a parcel in computing the amount of such
fees.
Svc. 39. Such certificate, with the Treasurer's receipt, show
ing the payment of all taxes therein specified, and the Auditor's
110 .REVISED ('ITT ORDINANCES.
certifieate of redemption from the tax sales therein mentioned
shall he conclusive evidence for all purposes, and against all
persons, that the parcel of real estate in said certifieate and re-
ceipt described, was at. the date thereof, free and clear of all
taxes and assessments, except sales whereon the time of redemp-
tion had already expired and tax purchaser had received his
deed.
SEC. 40. For any loss resulting to the City, or to any tax pur-
chaser or tax -payer, from an error in said certificate or receipt,
the Treasurerer 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 assessment 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 made within two years
after the tax list shall have been delivered to him for collection,
and not afterwards.
SEC. 42. In all eases where real property subject to taxation
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 to have the errors in the assessment corrected, and no
irregularity, error or omission in the assessment of such property,
shall affeet in any manner the legal ity 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 s11a.11 be received for the taxes levied for
the purpose of paying the debts of the City.
Snc. 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
REVISED 4.`11'Y 0I(.1)ItiANI'ES.
111
the Treasurer, uIlless 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 day of February folio -wing the levy of the tax, the Treasurer
is directed 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, 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 up a notice thereof at the place
of sale. Any surplus remaining above the taxes, charges of
keeping, alyd 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. 40. If the Treasurer be resisted or impeded in the exe-
cution of his office, he play 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.
SEC. 47. On the first day of' February the unpaid taxes, of
whatever description, for the preceding year shall become delin-
quent, 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 property shall he 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.
Sur;. 4S. The Treasurer is authorized and directed to collect
the delinquent taxes by the sale of any personal property upon
112 REVISED CITY ORDIN$NOES.
which the taxes are levied, or any other personal property
belonging to the person against whom the taxes are assessed.
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
Oil 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 indebted-
ness, and upon such taxes no other penalty than the interest
which such judgements draw can he collected.
SEC. 50. The Treasurer shall, in all eases, brake out 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 persona] property, the amount of each kind of
tax, the interest on each, and cost, if any, giving a separate re-
ceipt for each year, and he shall make the proper entries of such
payments on the hooks of his office. Such receipt. shall be in
full of the ]sarty's taxes for that year, but the Treasurer shall re-
ceive the till amount of any tax, whenever the same is tendered,
and give a separate receipt therefor.
SEC. 51. The Auditor shall keep full and complete accounts
with the Treasurer, with each separate fund or tax by itself, in
each of -which accounts he shall charge hire with the amounts in
his hands at the opening of such account, whether delinquent
taxes, notes, cash, or other assets belonging to such fund, the
amount of each tax fbr each year, when the tax book is received
by him, and all additions to each tax or fund, whether by addi-
tional assessments, interest on delinquent taxes, amount received
for licenses or other items, and shall credit. the Treasurer on
proper vouchers for money disbursed, for double or erroneous as-
sessments, the correction or remission of which causes a diminu-
tion of the tax, and for unavailable taxes, or such as have been
mr.viSE1) eI'1'Y UIiDINANCES. 113
properly and legally assessed, but which there is no prospect of
collecting.
SEO..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 prop-
erty subject to taxation shall be sold for the payment of such er-
roneous tax, interests or costs, as above mentioned, the error or
irregularity in the tax ]nay at any time be corrected as above pro-
vided, and shall not affect the validity of the sale, or the right or
title conveyed by the Treasurer's deed, if the property was sub-
ject to taxation for any of the purposes for which any 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
fi•oin 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 lets, or other real property, on which taxes of any descrip-
tion for the preceding year or years shall remain due and unpaid
and such sale shall be made for and in payment 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 adver-
tised fur the taxes of previous years, and on which the taxes re-
main due and delinquent ; and the amount of taxes, interest
and Costs against each tract, and the name of the owner, when
known, or person if any, to whom taxed.
SEo. 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 ]east 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 Ilal] at least
fonr weeks before the day of sale.
(15)
114
ItEVISED CITY ORDINANCE.
SEC. 56. The Treasurer shall charge and collect in addition to
the taxes and interest, a sum not exceeding twenty [20] cents on
each tract of real estate advertised for sale, which suns shall be
paid into the treasury, and the City shall pay the coat of publi-
cation. But in no case shill the City be liable for ruore than the
amount charged to the delinquent lands for advertising, and. if
the Treasurer cannot procure the publication of said notice for
that suer, or if for any reason, the Treasurer is unable to procure
the publication of said notice, he shall post up written notices of
said sale in tirnr of the most public places in the City, four
weeks before sale, and notice so given shall have the name force
and effect as though. the same hacl been published in a news-
hral_ er.
SEE. 57. The Treasurer shall, at his office, on the day of
sale, at t]ie hour of 10 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.
Si:c. 58. The person who offers to pay the amount of taxes
due on any parcel of land or town lot, for the smallest portions
of the salve, 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 assess-
ed against any such tract or lot, the portion thus designated
shall hi all cases be considered an undivided portion. In all
eases where the homestead is listed separately 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 a•]I
paid.
SEc. 60. The person purchasing any parcel or part thereof,
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 grade.
Such payments may be made in the same funds receivable by
law in payment of taxes.
REVlSE:n CrrY ORD/NAN[)El.
115
Sr c. 61. Any person owning or claiming lands or town lots
advertised fbr sale as aforesaid, may pay to the Treasurer at any
time before the sale thereof, the to-txc:s due thereon, -with. interest,
cost of advertising, and all the costs wltic.lr may have accrued up
to the time of such payment.
Sco. r;?. In all advertisement's 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
they have been heretofore, to denote townships, ranges, sections,
part of sections, lots, blocks, date, and the amount of taxes, in-
terest and costs ; and no irregularity or informality in the adver-
tisernen.t shall affect in any manner the legality of the sale or the
title to any real property conveyed by the Treasurer's deed un-
der this chapter : but in all cases, the provisions of this ordi-
nance shall be sufficient notice to owners, of the sale of their
property.
Sr:c. G3. The Treasurer shall obtain a copy of said advertise-
ment, together with a certificate of the doe publication thereof,
from the printer or publisher of the newspaper in which the
sFEne shall bale 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 , anewspaper printed
and published in the City and County of Dubuque and State of
Iowa, do hereby certify that the fhreg ing notice and list were
published in said newspaper once in each week, for three sitcc.es-
sive weeks, and the Ia.st of which publication was made on the
day of , A. D. 18—; and that copies of each num-
ber evntaining said notice and List were delivered by carriers
or transmitted by avail to each of the subscribers to said pa-
per, according to the accustomed mode of business in this office.
A B
Publisher (or Printer) of the---."
116 rtEvlsN:r) errY ORDINANCES.
STATE OF IO WA,
Dubuque County. SS.
Tlie above certificate of publication Iva
subscribed and sworn to before rlie by the above named A
, who is personally known to me to be the identical person
described therein, on the —lay of A. D. ig—.
City Auditor of the City of Dubuque.
SPEC. 64. The Auditor shall attend all sales of real property fi,r
taxes, made by the Treasurer, and make a record thereof, in a
book to be kept by hire for that purpose; therein describing the
several parcels of' real property, on which taxes and costs were
paid by purchaser, as they are described in the list or advertise-
ment, on file in his office, stating in separate columns the amount
as obtained from the Treasurer's tax Iist 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 make the same records. He shall alsonote
in the tax list, opposite the description of the property sold, the
tact and date of such sale.
SEC. 65. When all the parcels of real property advertised for
sale, shall have beeIn offered, and a portio❑ thereof shall remain
unsold for want of bidders, the Treasurer shall adjonrn the sale
to some day not exceeding two months from the time of adjourn-
ment, due notice of which day shall be given at the time of ad-
journment, and also by keeping a notice thereof posted np in a
conspicuous place in the Treasurer's office. But no t'urther ad-
vertisement shall be necessary. On the day fixed for the reopen-
ing of the sale, the same proceedings shall be had as provided
hereby fbr the sale commencing on the first Mondry in October.
And further adjournment shall be made from thne 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.
REV t ED CITY ORDINANCES. 117
SEC. 66. If any Treasurer ❑r A.uditur, 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 recovered
in an action in the District Court, brought in the name of the
City against such Treasurer or Auditor, as the case niay lie, and
his bondsmen; and all such sales shall he void.
SEC. 67. If from neglect or officers to make returns, or from
any other cause, real property cannot be duly advertised and of-
fered for sale on the first -Monday of October, the Treasurer shall
make the sale on the first Monday of the next succeeding month
in which it can be made, allowing time for the publication as
provided in this chapter.
SEC. GS. The Treasurer shall make out, sign and deliver to
the purchaser of any real property sold tor• the payment of taxes
as aforesaid, s. c;ertifcate of purchase, describing the property
on which the taxes and Ousts were paid by the purchaser, as the
same was described in the record of sales; and also flow 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 per-
son shall become the purchaser of more than one parcel of prop-
erty, he may have the whole included in one certificate, but each
parcel shall be separately described.
Sno. Ell. The certificate of purchase shall be assignable by
endorsement, and an assignment thereof shall vest in the as-
signee, or his legal representative, all the right and title of the
original purchaser; and the statement in the Treasurer's deed
of the tact of the assignment shall be presumptive evidence of
such assignment. In case said certificate is assigned, then the
assignment of said certificate shall be placed on record in the
office of the Treasurer in the register of tax sales.
SEC. 70. The Treasurer shall also make out, sign and deliver
the purchaser of MIN' real property sold for taxes aforesaid,
118
REVISED CITY ORDINANCES.
duplicate receipts fur any taxes, interest and costs paid by said
purchaser after the elate of said purchase, for any subsequent
year or years; one of which receipts said purchaser shall present
to the Auditor, to be by hint filed in his office, and a memoran-
dum thereof entered on the register of sales; and if he neglect
to file such duplicate receipt with the Auditor before the re-
demption, such tax shall not be a lien on the land, and the per-
son 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 payment
to the Auditor, to be held by him subject to the order of the
purchaser of the amount for which the saute was sold, and
twenty per cent.urn of such amount immediately added as a pen-
alty, with ten per cent. interest per aiinnni on the whole amount
thus made from the day of sale, iuid also the amount of all taxes,
interest and costs paid for any subsequent year or years; and a
similar penalty of twenty per centum added as before on the
amount of the payment for each subsequent year, with ten per
cent. interest per a.nuuin on the whole of such amount or
amounts, from the day or days of payment, unless such subse-
quent taxes shall have been paid by the person for whose benefit
the redemption is made, which fact may be shown by the Treas-
urer's receipt.; acid provided, further, that such penalty for the non-
payment of the taxes of atiy such subsequent year or years shall
not attach, unless such subsequent tax or taxes shall have re-
mained unpaid until the first day of March, after they become
dne, so that they have become delinquent; nor shall any of said
penalties apply in the cases in the last clause of section fifty
(50) of this chapter.
Snc. 72. The Auditor shall, upon application of any party to
redeem any real property sold under the provisions of this chap-
ter, and being satisfied that such party has a right to redeem the
same, and upon the payment of the proper amount, issue to such
party a certificate of redemption, setting forth the facts of the
REVISED CITY ORDINAZCI<::*. 119
sale substantially as contained in the certificate: of sale; and the
date of redemption, the amount paid, and by whom redeemed;
and lie shall make the proper entries in the book of sales in his
office, and shall immediately give notice of such redemption to
the Treasurer. Such certificate of redemption shall then be pre-
sented to the Treasurer who shall countersign the sauce and make
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.
SEc. 73. 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 sec-
tion eight hundred and ninety-three (8931: Or such redemption
may be made by the guardian or legal representative under
section eight hundred and ninety (890) thereof at any time before
the delivery of the deed.
Sec. 74. Any person entitled to redeem lands sold for taxes
after the delivery of the deed, shall redeem the same by an
equitable action in a court of record_in which all persons claim-
ing 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 t-axes and claims for improvements made on
the ,and by the person claiming under the tax title; and no per-
son shall be allowed to redeem lands sold for taxes in any other
manner after the service of the notice 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 for taxes, the lawful holder of
the certificate of purchase may cause to be served upon the per-
son in possession of such land or town lot, and also upon the
person in whose narrie the salve 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, stat-
ing the date of sale, the description of the land or town Iot sold,
1.20 - EVISPD t'.r1'] ORDINANCES.
the name of the purchaser, and that the right of redemption will
expire and a deed for said ]and be made unless redemption fiom
such sale be made within ninety days from the completed serv-
ice thereof. Service may be made upon non-residents of the City
by publishing the same three times in some newspaper publish-
ed 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, personal service of said notice shall be made upon
said agent. Service shall be deemed completed when an affida-
vit of the service of said notice and of the particular mode there-
of, duly signed and verified, by the holder of the certificate of
purchase, 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 redemp-
tion front such sale shall not expire. The cost of serving said
notice whether by publication or otherwise, together with the
cost of the affidavit, shall be added to the redemption money.
SN:c. 76. Immediately after the expiration of ninety days
from the date of service of the written notice herein before pro-
vided, the Treasurer then in office shall make out a deed for each
lot or parcel of land sold, and remaining unredeemed, and de-
liver 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 par-
cels of land bought by one person may be included in one deed
if desired by the purchaser.
SEC. 77. Deeds executed by the Treasurer shall be substanti-
ally in the following form:
Rnow 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 sub-
R1VISFD 11TY OUD114ANCEs. 121
Tect to taxation by said City for the year —(or years) A. D. 18
--. And, whereas, the taxes i.ssessed upon said property by said
City fur 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. 18— by
virtue of the authority in him vested by law, at--- (and adjourn-
tneut)----of tit.) sale began and publicly held on the first Mon-
day 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 ofthe statnte and the ordinance in such case made
and provider], the property above described for the payment of
the taxes, interest and costs then due and remaining 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 payrnent of said sure having been by
him made to said Treasurer, said property was stricken off to
hire at that price. And, whereas, the saki A---- B - did
Orr the ----day of A. D. 18— duly assign the certificate of the
sale of the property as aforesaid, and all his right, title and in-
terest 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 ap-
pears that due notice has been given more than ninety days be-
fore the execution of these presents to —and —of the expiration
of the redemption allowed by law. And, whereas three years
have elapsed since the date of said sale, and said property has
not been redeemed therefrom as provided by law.
Now, therefore, 1, 0— D—, Treasurer of the City aforesaid,
for and in consideration of tite said suer to the Treasurer paid as
aforesaid, and by virtue of the statute and the ordinance in such
ease 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
06)
t i VISE11 CET1' []St11ItiANCES.
hereinbefore described. To have and to hold unto hint, the said
A— 13--- (or E. T.) his heirs or assigns forever; subject, how-
ever, to all rights of redemption provided by law.
In witness whereof, I. C— D—, Treasurer as aforesaid, by
virtue of the authority aforesaid, lia.ve hereunto subscribed niy
name on this ---day of 18—.
STATE OF IOWA, ss
Dubuque County.
I hereby certify that before ine-----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 conve -
ance, and to be the identical person whose name is affixed to, and
who executed the above conveyance as Treasurer of said City,
aind acknowledged the execution of the salve to be his voluntary
act and deed as Treasurer of said City, for the purpose therein
expressed.
Given under my hand—(andseal--) this —day of —A. D. 18—.-
SEC. 78. The deed shall be signed by the Treasurer in his
official capacity, and acknowledged by him before some officer
authorized to take acknowledgments of' deeds; and when sub-
stantially thus executed, and recorded in the proper record 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 con-
veyed; and also all the right, title, interest and claim of the
City,
SEC. 79. The provisions of this ordinance shall not effect
sales heretofore made, or tax deeds given in pursuance of sales
made before the taking effect of this ordinance.
REVISED CITY 0RD/NANOES.
123
. Sj-.c. 80. When by mistake, or wrongful act of the Treasurer,
land has been. sold on which. no tax ivas due at the time: or
whenever land is sold in consequence of error in describing such
]and in the tax receipt; the City is to hold the purchaser harm-
less by paying him the amount of principal, and interest at ten
per cent. and costs. And the Treasurer and his bons:is/nen shall
be liable to the City to the amount of his official bond; or the
purchaser, or his assignee, may recover directly of 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 satisfac-
tion of the Treasurer, either before the execution of a deed for
real property sold for taxes, or if the deed be retnrne.d 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 salve was erroneously 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 consider-
ed invalid on account of the salve having been charged in any
other naive than that of the rightful owner, if the said property
be in other respects sufficiently described.
8Ec. 83. In any ease that may arise, not provided tar in this
ordinance, the officer, in the assessment, levy and collection of
City taxes, and the sale of real estate therefor, and the redemp-
tion of lands sold for taxes, shall be governed by the statute then
in force controlling the action of county and township officer in
the levy and collection of county taxes.
SEC. 84. That when by mistake, or wrongful act of the Treas-
urer and Collector, real property has heretofore been sold or
124- eta:vi 1 D CITY ORDINANCES. � REVISED CITY ORDINANCES. 125
shall hereafter be sold for deli Ile uent taxes, which was not liable
to be sold, or on w liieli at the time of sale no tax was due and
delinquent, or whenever real property has been or shall be sold,
and error glade in describing such real property in the cer•tifi.-
eate, or receipt issued to the purchaser, the City shall refund to
the purchaser the amount wrongfully collected of him together
with ten per cent. interest per annurn, from date of payment to
date of refunding.
CHAPTER XXXIII.
AN ORDINANCE relating to the Fire Department.
SM. 1. Fire Department.
2. Command of Chief Engineer.
3. Duties of Assistant Engineer.
4, Chief and Assistant how appointed.
5. Duties of Chief.
ti. Department to continue as at
present.
7. Companies to be under foreman.
S. City property not to be taken
from City.
SEC. 9.
10.
11.
12.
13.
14.
15.
16.
17.
Not to run coming from Sire.
No cards, dice or gaming.
Insulting fireman 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 8y the City Council of the City of _Dubuque:
SEC'I'IoN 1. The fire department of this city shall
chief engineer arid one assistant engineer, or more
Council may deterrnine, and the members of such fire compan-
ies, and hook and ladder companies as may from time to tittle be
organized, by authority of the City Council.
SEc. 2. The whole fire department shall be under the com-
mand of the chief engineer. It shall be his duty to exercise a
constant supervision over the fire department; he shall have the
general charge of the property of the City connected wit.li the
lire department, and shall see that the salve is always kept in
good repair and ready for immediate use. Ile 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 dollars, -without the consent
of the Mayor. He shall have charge of all the public cisterns,
and shall see that the same are at all tinges supplied with water,
and in a proper condition for use. He shall attend at all fires
consist of a
as the City
which may occur in the City; and all orders given by him at
any fire to any assistant engineer, company or fireman, shall be
promptly obeyed. It shall be his special duty to see that the
provisions of this ordinance are strictly enforced and obeyed.
The duties required by this ordinance of the chief engineer shall,
in his absence or inability to act, be performed by the assistant
engineer, highest in rank, present. Ile shall make report semi-
annually, in the months of January and July, or oftener, if re-
quired, to the City Council, of the property of the City connect-
ed with the fire department, and the condition of the salve,
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 matters relating
thereto as may require the action of the Council, 'Re shall certi-
fy to all bills presented to the council for expense incurred by
his order 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 hi the discharge of his duty as far as possible.
In case any assistant engineer shall he guilty of disobedience,
disrespect or other improper conduct, or neglect of duty, it shall
be the duty of the chief engineer to report the same to the City
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 appoint-
ed and drily qualified, and shall receive for their services such
snuls as the City Council shall allow, payable from the city
treasury.
SEC. 5. When on duty, the chief engineer and assistant en-
126 REVISED CITY ORDINANCES.
gineers shall each weir a white fire cap, with the name of his
office on the front. No cap of the same color shall be worn by
any other fireman. The chief engineer and the assistant en-
gineers shall severally have power to command such assistance
from the inhabitants of the city for the suppression or ex-
tinguishing of fires, and for the preservation of property exposed
to fire, as may be required. They, or either of them, shall have
full power to suppress all tumults and disorder at fires; and the
chief engineer, or assistant engineer in command, 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 neg-
lect to depart when ordered so to do as aforesaid, the fireman or
other person in either case so offending shall for each offense
forfeit and pay a fine of not exceeding twenty, or less than five
dollars.
SEC. 6. The fire department shall continue as at present or-
ganized, with such additional engines, hose, hook and ladder 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 provisions of this
ordinance.
SEC. 7. Each company in the fire department shall be under
the immediate command of a foreman and other officers to be
elected by the members of said company from their own num-
ber, The foreman of such company shall have the special charge
of the property of the city to which his company may be attach-
ed. It shall be his duty to see that said property is properly
taken care of, and to report any deficiency, detect or want of re-
pair therein, as soon as known to hirer, to the chief engineer.
Each foreman and the cornpany under his command, unless
excused or otherwise directed, shall proceed as soon as practi-
cable, with their engines and apparatus, to every fire that shall
REVISED CITY ORDINANCES. 127
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 extinguishing the fire and the preser-
vation of property exposed to fire, and shall not remove there-
from without permission of an engineer, if any be present, and
on such permission they shall return their engines and fire
apparatus to their respective places of deposit. If any company
shall without permission, 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 per-
son 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
tune to time establish, nor shall more than two fire engines 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.
SEC. 9. No lire engine, hook and ladder truck, or hose or
bucket cart, shall, hi going to or returning from any fire, or at
any other tune, be run or drawn upon any sidewalk, except 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 offense.
SEC. 10. 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 there-
in, and no such building shall be opened on Sunday, except in
case of an alarm of fire.
128 REVISED ['1T o1DIN.].NO1 S. REVISED CI'1"1 UitDTNANCES. 129
Si.c. 11. Any person who shall .lie convicted of insulting,
menacing, or wantonly interfering wit.li any engineer or fireman,
while on duty, or shall without authority give any order to any
engineer or fireman, glide on duty, shall tor each offense forfeit
and pay a fine of not less titan five dollars.
SEC. 12. There shall he paid to each fire company, hi quar-
terly payments, in each year, for keeping clears their engines, fire
apparatus and houses, and for other expenses, except. repairs,
such sum as tlic City Council may from time to time deter-
mine.
SEC. 13. No person shall open or leave uncovered any of the
public cisterns, or take any water therefrom, except for the pur-
pose of extinguishing fires or watshing fire apparatus, under a
penalty not exceeding ten dollars for each offense..
SEC. 14. The fire engines, hook and ladder trucks, hose carts,
hose, buckets, hooks and ladders, and other fire apparatus, and
the houses and lands used therefor, are and shall be subject to
the control and direction of the City Council, and nothirrg herein
contained shall divest the city of its property, or in any manner
impair its right at any time to take possession of the sauce, or any
portion thereof.
Sae. 15. No person, except by direction. of the Chief' Engi-
neer, or other officer in command at any tire, shall furnish, sell
or give to ruby fireman during the fire, any intoxicating liquor of
any kind, under a. penalty of not less than five, nor more than
fifty dollars.
SEC. 16. It shall be the duty of the Marshal and lleputy
Marshal to repair immediately to every tire that. may occur in the
city, as soon as the alarm may be givers, 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 de-
partment, or Tie#filly employed in extinguishing the fire, shall be
permitted to come, slider a penalty of five dollars ; and they, or
either of theirs, may appoint. as property guards, such a Iiuinber
uin
of known and reputable citizens of the city, tls may be necessary
to aid hi the guarding, protecting and preserving of property at any
fire ; and the persons so appointed shall have and possess the
same powers as police officers during the dine they shall so act,
and the Marshal shall return a list of' such persons to the ()ity
Council, and they shall be entitled to receive such reasonable
compensation as the City Council may allow.
SEC. 17. Whoever shall wilfully, maliciously, or negligently
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 public cisterns, or any
platform constructed tor the use of the steam-engine, or shall in
any manner obstruct, or inentnl)er with lumber, wood or other
rhra,terial, aiiy passage way to such platform, shall be fined not
less than $10, nor more than ;100 ; 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 vicinity of such platform.
CHAPTER XXXI.V.
AN ORDINANCE to define the Limits of the Fire District.
SEC. 1. Limits of Fire Distriet5. See.
2. Frame Bu ldings prohibited.
3. Not to prohibit when less than
eight feet square,
4. Wooden buildings not to be re-
morori.
5. Damages to be determined by
three persons.
R. Violation of punished.
7. Es tabltshingLumberYardalu fire
limits prohibited.
S. Not to apply to yards already es-
tablished.
Be it Ordained by the City Council of the City of Dubuque;
SECTION 1. That all that part of the city lying within the
fohi wing limits is herellr denominated the tire district, viz : be-
tween the south line of lots frontiiiwr on the south side of Jones
street, on the south ; the alley between White and Jackson
streets on the east ; the west line of the lots fronting on the west
side of Bluff street on the west, and Seventeenth street on the
north, and including the lots fronting on the north side of said
(17)
130 REVISED CITY 01WJNANCES.
street, between said Bluff and White streets, and all that portion
of the City of' Dubuque, bounded on the north by 14th street., on
the south by 5th street, on the west by White street, and on the
east by Washington street.
SEC. Z. 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 building, or part of a
building not made and coristructed.of stone, brick, or other fire-
proof material, shall be erected or placed within the aforesaid
prescribed limits, contrary to the provisions of this ordinance,
the owner or owners, builder or builders, 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 Marshal.
SEC. 3. That nothing contained in the preceding section shall
prohibit the erection within the aforesaid prescribed ]units 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
stall not exceed twenty feet in length, twelve in width and twelve
hi height ; 116]. of any barn which shall riot exceed twenty-four
feet in length, sixteen in width, and not more than twelve feet in
height, from the surface of the earth to the roof ; Proz tided, such
small buildings, or wood house or barn shall not be made to front
upon any street ; and the City Council may-, by special permit,
authorize the erection of any t'ranie 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 audition is to be erected or placed.
SEC. 4. No -wooded building, or part of any wooded building
within the fire limits shall be raised or enlarged ; nor shall any
such wooden building, or part of any wooden building within
the fire limits, be removed to any other place within the same ;
RREVISE1) CITY 0La.I]IN ANC ES.
nor shall any sncli building, or part of building be removed into
the fire limits, from without the saiuIe ; nor shall any wooden build-
ing within the fire limits, which may become damaged to the extent
of fifty per cent. of the valise thereof, by- fire or other casualty, he
repaired or rebuilt ; nor shall any such building, when the damage
thereto 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 anlount of, or extent of damage that inay be done
to any building, may be determined by three disinterested per-
sons, residents of the city, one of whom shall be chosen by the
owner of the building, the second by the Mayor, and the two so
chosen shall select the third, and if the owner refuse to make a
selection, the Mayor may select tsir hull, and the decision of the
persons so chosen shall be final and conclusive.
Stx:. 6. That any owner or builder, or other person who
shall own, build, or aid in the erection, raising, enlarging, or re-
pairing, or removing of' any building within the fire limits, con-
trary to the provisions thereof, shall be subject to it penalty of
not less than twenty-five, nor more tliarl one hundred dollars, and
every such building so erected, raised, enlarged repaired or re-
moved, stall be deemed a nuisance, and the Marshal may, when
directed by the City Council, abate the same.
Sr c. 7. That no person shall keep or establish a Lumber
Yard for the deposit of lumber within the fire limits of this City,
except. by special permit of the City Council, on application in
writing, signed by the owners of two-thirds of the property
in the block in which such lumber yard is situated, and any
person who shall violate the provisions of this section, shall for-
feit and pay a fine of not less than ten dollars nor more than one
hundred dollars for the first offense; 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 offense, for which the party shall be fined
not less than twenty-five nor more than one hundred dollars ;
132 Iaxisr.n CITY ORDINANCES. BEVI 1P CITY ortznNArvcEs. 133
and each subsequent continuance of the lumber yard for six days,
shall be another offense, 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 fir the space of three months next prior
to the passage of this ordinance.
CIIAPT.ER xxxv
AN ORDINANCE relating to Gunpowder.
SEC. 1. Powder not to be kept in city. SEC. I To he removed in case offire.
2. Dealers not to keep more than 4. mine premises.
3. Yerrimt not to Ebe given drunkards.
541bs.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. No person (except persons keeping not exceeding
two pounds for their own use.) shall keep, sell, or deliver gun-
powder within the eity, in any quantity, without a written per-
mit from the city, signed by the Mayor and attested by the Re-
corder under the seal of the City, under a penalty of twenty
dollars.
Sim. 2. No person to whom any permit shall be granted to
keep or sell gunpowder, shall deposit or keep in store exceeding
fifty ponnds of gunpowder within the City, unless the sinne 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 substance or liqnid,
by any fire, candle, or lamp -light, unless in sealed calls, canis-
ters, or cases, under a penalty of not less than five, nor more
than twenty dollars for each offense.
Sac. 3. Any person keeping gunpowder in any building,
shall, in case of such building taking fire, or being in danger
of taking fire froin any burning building near, or adjacent there-
to, immediately cause such gunpowder to be removed; and in
case he shall be linable to remove the salve, lie shall forthwith
notify the officer in command at such lire, of the location and
quantity of such gunpowder, and for a failure to comply with
the requirements of this section, he shall be subject to a penalty
of not less than twenty-five, nor more than one hundred dollars.
SEC. 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 here-
in, or any quantity whatever, in violation of the provisions
hereof, he shall direct the Marshal to examine the premises of
sneh person, and if gunpowder be found therein kept in viola-
tion 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 build-
ing or premises, or any part thereof, for the purpose of enforcing
the requirements of this section.
SEC. 5. No permit shall be grantees to any notoriously in-
temperate, or imprudent person; and ail permits granted under
the provisions thereof, shall expire on the last day of March, in
each year.
CHAPTER XXX\TI.
AN ORDINANCE in relation to the manufacture and storage of
inflammable oils and substances.
Esc. 1. Not to manufacture in city. Sim. 3. Violation punished
K. Not to keep aver five barrels.
Be it Ordained by the City Council of the City of Dubuque :
SECrioN. 1. No person, company, or corporation, shall manu-
facture or carry on, or continue any manufactory, or establish-
ment for the purpose of making, producing, refining, distilling,
or in iuiv manner generating coal or earth oil, petroleum, kero-
sene, gasolene, carbon oil, benzine, benzole, naphtha, cainphene,
burningfluid,coal oils, or other easily inflammable substance, with-
in the tire limits of this city; nor shall any of said acts be done,
134 REVISED CITY ORDINANCES.
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, com-
pany or corporation, shall, within the fire limits of the city,
keep on hand in any store, building, cellar, or other place within
said fire liinit.s, a greater quantity of canlplrene, 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 exceeding five barrels in all; and
benzine, benzoic, or naphtha, kept for retail, shall be sold by.
daylight only, and shall be kept in a tin can, or other metal-
lic vessel; Provided, That any dealer, merchant, or other per-
son, if he keeps none of the other oils or inflammable substances
named or referred to in this ordinance, may keep five bar-
rels of kerosene, or two of benzine, or two of any other kind,
not exceeding five in all, and if retailed, it shall be from tin
eans, or other metal cases. Provided. also, that kerosene may
be retailed by gaslight. Outside of said fire limits, no such per-
son, company or corporation, shall keep any of said articles
other than as above provided, without the consent of the City
Council.
SEC. 3. Whoever violates any of the provisions of this ordin-
ance shall be guilty of a misdemeanor, and shall be fined not
less than five, nor More than fifty dollars for each offense; and
every day that any of the said articles or substances are made,
kept, or stored contrary to this ordinance, shall be deemed a
new and distinct offense.
M
REVISED CITE ORDINANCES.
CIIA.PTER XXXVII.
AN ORDINANCE to prevent Fires.
SEC. I. Stove pipes regulated.
2. Not to burn shavings or straw.
SEC. 3. Straw or Hay staeked in city.
4. Rendering of lard or grease.
135
Be it Ordained by the City Council of the City of Dubuque :
SECTIon 1. 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 ]east three inches
removed from any wood or combustible, and all chimneys and
stove pipes, shall in all cases extend at ]east two and a lialt' 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 person shall set fire to, or him' any shavings,
straw, or other combustible 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 foregoing provis-
ions of this ordinance, shall forfeit and pay any sum not less
than five dollars for each offense, to be recovered before a court
liaviI1g 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 €;neh
building shall stand within one hundred feet of any other build-
ing, 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 with-
in ten feet, it shall be covered with iron, zinc, or tin, and any per-
son who shall violate the provisions of this section, shall forfeit
and pay any suin not less than twenty dollars for each day's
continuance of the use of such building for the purposes afore-
said, to be recovered before any court having jurisdiction, with
costs.
13f REVISED CITY ORDINANCES.
CIIAPTER XXX\TIIT.
AN ORDINANCE to prevent the erection of dangerous buildings and
walls.
SEC. I. Doors.
2. Stairs.
3. Theatres.
4. Duty of City Engineer.
5. Penalty $25 to $100.
6. Party walls of brick.
7. Foundations
8. Thickness of walls.
9. 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.
15. hoof trusses of
16. No winding stairs allowed.
17. Chimneys and flues.
18. Penalty ten dollars.
19. Chimney not to be built in any
loft.
20. Public buildings changed in ninety
days.
21. Plans filed with engineer.
22. Not retrospective ou dwellings.
Be it Ordained by the City Council of Ike City of Dubuqu-e :
SEorlorr 1. 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 con-
structed as to open outwardly, and to furnish an easy egress from
the saline in case of alarua from fire or other cause.
SEC. 2. That all winding stairs in any building in the pre-
ceding section described, are hereby declared to be a nuisance,
and subject to statement as other nuisances. The aisles in all
such buildings shall be kept open and unobstructed, and the use
of all reasonable precautions to prevent accident shall be adopt-
ed.
SEC. 3. That in all theatres and other places of public amuse-
lnent, the dressing room shall be separated from the 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 fir'elnarl shall be sta-
tioned in each of said buildings when an a.udienee is within the
same.
SEC. 4. It is hereby made the duty of the City Engineer, un-
less 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
rri:VISED CITY ORDINANCES. 1:31
snail thereupon become the duty of the City Council, if said
report shall be deemed by them well founded, to notify the
owners or tenants of any such building, to make the same Con-
form to said requirements, and if such owner or tenant shall fail
to do so within a reasonable tiine, said Council may declare the
same to be a linitarlee, 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 5_ If any person, whether owner or tenant of snch
building, shall occupy the salve 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, or more than one hundred 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 Oidinances, 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,
SEC. 7. I'onudations 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 every 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. It' no equal soil can be
found, concrete foundation to sufficient width and depth to be
inserted, especially on Churches, Theatres, pnblic and heavy
Factory and Storage buildings.
Sac. 8. The thickness of foundation walls of all Public.,
Churches, Theatres, Factory, Store and Storage buildings, over
(18)
138 REV ISEI) CITY 0K11INA14JES.
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 from three to five stories high, not less than five tar
six feet wide; said tooting courses to project equally on, in, and
outside beyond the upper wails; 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.
Siw. 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 buildings, three
feet; fur -story buildings, three feet six inches; five -story build-
ings, four fret, 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 inches thick; foundations for in-
side wood, brick of iron pillars, to be of sufficient width and
depth to secure sextuple security for superstructure.
SEc. 10. The thickness of walls on stone buildings to be as
follows: Stone walls for Churches, Theatres, and all buildings
named in section eight (8) of this ordinance, over thirty (30)
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 he twenty-four (24) to twenty (20)
inches thick. Walls for one (1) story dwellings to be eighteen
(18) inches thick.
SEC. 11. 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 16) inches thick. If four (4) and five (5)
stories high the first story walls to be at least twenty (20) inches
thick; seeond. not less than sixteen (16) inches; third, not less
than twelve (12) inches; fourth, not less than eight (8) inches
REVISED CITY ortDIti,s.NCF:s. 1.3i
thick, and with the exception of the front vvaUs shall extend at
least twelve (12) inches above the root'. Inside partitions of
stone and brick buildings, built of brick, to be from twenty (2tJ)
to eight (8) inches thick, to allow triple security for superimpos-
ed weights. Provided, That buildings ereeted and used as
dwellings only, may be constructed with walls in all cases, four
(4) inches less than is hereby above specified for public build-
ings; and, Provided further, that any building, cottage or barn,
one story in height., may be built witli walls not less than eight
(8) inches thick; and that frame buildings of one (1) story, not
exceeding sixteen (16) feet in height, with walls resting on wood-
en sills, placed not to exceed one (1) foot above the grmind, to
be lined with brick four (4) inches thick on the outside.
SE..C. 12. That every building hereafter ereeted, in which par-
tition walls, supporting floor beams, columns, ttc., may be re-
quired, except Churches, Theatres, or other public buildings
heretofore named in this ordinance, shall have one or more stone,
brick or fire-proofpartit.ion walls, which, when built of stone or
brick, may be four (4) inches less in thickness than outside wall,
as first above specified; Prov.d&d, They are not more than fifty
(50) 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 hay-
ing 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 portion thereof.
Sar. 1 3. In every brick wall at least every fifthly course shall
be a Treading course, except where walls are faced with pressed
brick, in which case, every fifth course shall be bound into the
backing by cutting the course of the face brick, and putting in
diagonal headers belrin.d the same, or by putting in iron strips
straight or in fi 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
140 BEN-18ED CITY ORDINANCES.
heading and stretching courses, the backing of brick shall be not
less than twelve (12) inches thick, The backing in all walls of
whatever material it may be composed, shall be of such thick-
ness to make the walls, independent of facing, conform as to the
thickness with the requirements of this ordinance. The full
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 public buildings, as described in this ordinance, not to be
placed more than twelve (12) inches from centres.
SEe. 14. In wooden columns to be used for store fronts, or
any other building higher than one (1) story public buildings,
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.
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 sufficient
thickness to carry the weights of the roofs, or their superin-
grossed weights, allowing sextuple security.
SEC. 16. No winding stairways will be allowed to be put
up in any public building or buildings, or in any other
buildings where rooms or halls are used for public purposes.
Every public building shall have at least two (2) main stair flights
landing 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 increase in width at least
one (1) foot for each story. Every public building to have 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
4
REVISED CITY ORDINANCES. 141
lime mortar, and all the joints filled -with mortar. No flue shall
in any ease be less than six (6) by eleven (11) inches, and if in-
tended for two full stories, not less than six (6) by sixteen (16)
incites ; and for three stories or more, not less titan 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 (1) inch wide, outside of the brick.
Every person who shall build or cause to be built, a chimney con-
trary to this section, shall for every such offense, forfeit and pay
the stun of ten (00.00) dollars, and every owner of any chim-
ney- 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 ($10.06)
dollars, and also ten ($10.00) dollars for every month thereafter,
so long as said chimney shall remain unaltered.
SEC. 1S. That no person shall build or eause to be built, a
chimney resting upon any part of the building, liable to settle,
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 ($10.00)
dollars for every such offense, and a further snm of ten (10.00)
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 saute, easy of access at
all times, and no stove pipe shall pass through more than one
ceiling before entering a chimney, under penalty of ten ($10.00)
dollars for each offense and a further sum of two (i2.O0) dollars
fur each week either shall remain after notice shah be given by
the City Engineer to alter the same. Stove pipes shall not be
less than four (4) 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) dol-
lars, and the further sum of one ($1) dollar, for every three (3)
142 REVISED CITY ORDINANCES.
days it shall remain, after notice from the City Engineer to alter
the same.
SEC. 20. And be i t further ordained, tlrat the doors, stairways,
and other entrances of all public buildings heretofore construct-
ed, as also the staging of theatres now in existence, shall within
ninety (90) days from the passages: of this ordinance, be made to
conform to the provisions thereof. And that on and after the ex-
piration of said ninety (90) days, that such building be closed
against public assemblies, till the salve 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 to the use of the public assemblies, shall
be fined in any sum not exceeding one hundred (h100) dollars.
Sm. 21. That the plans and specifications of all the building
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 appointed by the City Council, and if said plans
and specifications be found to comply with the requirements of
this ordinance, then, that said City Engineer, or other person ap-
pointed by the City Council as aforesaid, shall certify to the cor-
rectness of said plans and specifications, which certificate shall be
signed by the Mayor, and given to the party applying therefor.
Sic. 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 XXXI.X.
AN ORDINANCE to regulate Ferries.
SEC. 1. Ferry boats must get license. Ric. 2. Acting without punished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. 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
IREVISED CITY of i)INAnc'Es.
143
bank of the Mississippi river, or shall use any boat or boats of
any kind or description for terry purposes, within said limits,
without being duly authorized by a license from the City Coun-
cil, shall be Eublect to a fine of not less than thirty dollars, with
costs of prosecution, tor 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 anv 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 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
for each offense, with costs of prosecution.
CHAPTER XL,
AN ORDINANCE to prevent Nuisances.
SEC. I. Slaughtering In city. SEC. 6. Nuisance to be removed at ex-
2. Carcass of animals. pence or.
3. Cellars. vaults and drains. ". offal, filth or manure.
4. Soap factory and butcher shops. 8. Privy vaults must be twelve foot
u. Power of Mayor. deep.
9. Less than twelve feet a nuisance.
Be it Ordained by the City Council of the City of Dubuque:
Smx-roN 1. 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 per-
son snail occupy or use for slaughtering or for purposes connect-
ed therewith, any building not now used for such purpose with-
in the present limits of the City without permission of the City
Council. Whenever any building now nsed or which hereafter
may be used for such purposes, shall be deemed by them a nuis-
ance the City Council may order the removal or .iisnse 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
144 REVISED ['.VFY ORD1NANOES.
Who shall refuse to remove or discontinue the use of' any build-
ing for the purpose of slaughtering, when so ordered by the
City Council, due notice of such. order leaving been given, shall
be subject to a fine of not less than five dollars, or more than
fifty dollars for each offense.
SEC. 2. No person shall cast or leave exposed in any street,
alley, lot, common, or water -course within the City, the carcass
of any animal, or any putrid or unsound meat, fish or other sub-
stance, or make, use, keep, or permit, in his, her, or their dwell-
ing 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 an-
noyance to the neighborhood, or throw any filth, manure, offal,
or other offensive platter, into any street, alley, lot or water-
course in the City, and any person who shall violate any provis-
ion of this section, or who shall refuse 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 offense, and for every day that
such nuisance shall remain after such notice.
Sic. 3. If any person shall suffer or permit any cellar, vault,
private drain, pool, privy, sewer or grounds, 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
offense, and to a like tine for every day such nuisance shall con-
tinue after notice to remove or abate the same.
SEC. 4. Any owner or occupant of any soap factory, candle
factory, butcher's shop, meat packing house, livery stable or
barn, who shall suffer the same to become nauseous, foul, or of=
Pensive, shall be fined not less than one dollar, or more than
twenty dollars for each offense.
SEC. 5. The Mayor or City Marshal shall have full authority
to enter into and examine, at any time between sunrise and sun-
set of each day, any building or part thereof or any lot or
REVISFI) CITY ORDINANCES. 145
ground, which they may know or believe to be foul, offensive or
prejudicial to the public health, and they may direct the cleans-
ing of the same and the removal of all nuisances in and about
the premises by the owner or occupant thereof; and any person
who shall resist or obstruct such officer in his duty, or shall neg-
lect or refuse to remove any such nuisance, when so directed,
shall be subject to a fine of not less than five, nor more than
twenty dollars for each offense.
SEC. 6. If at any time it shall become necessary, in conae-
(pence of the neglect or refusal of any person,t o 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 abatement shall
be chargeable to the person who shall cause such nuisance, or per-
mit the same upon his premises, and shall be collected by suit
or otherwise, with as tittle delay as possible.
SEC. 7. That if any person shall perinit or allow any offal,
filth, manure, or offensive platter 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 hint, 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.
SEQ. 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. 9. Any privy vault erected without a vault of the depth
efolesaid 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 penalty of five dollars
for each day's maintenance of the same.
146 REVISED CI'I'T ORDINANCES. 1 REVISED CITY ORDINANCES. 147
CHAPTER XLI.
AN ORDINANCE to enfor 30 the observance of the Sabbath.
S c. 1. Sabbath observance. SEC, 3. No exhibition of show.
2, Not to play billiards.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1 . That any person who shall offend against the first
section of an act of the State of Iowa, entitled "an Act for the
observance of the Sabbath,'' passed dannary 19th, 1855, shall be
subject to a fine of not less than five dollars for each offense.
Sue. 2. That any person or persons who shall permit in or
upon any premises occupied by hire, 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, shaT -1 e subject to
a fine of not less than five, nor more than twenty dollars.
Ste. 3. That no license issued under any ordinance of the
City shall authorize any show, exhibition, Or other public
amusement on the Sabbath, and any person who shah either as
proprietor, keeper or agent., be engaged in any such show or ex-
hibition. or who shall take part in any such amusement on that
I ay, s11a11 be subject to a fine of not less than five, nor More than
twenty dollars for each offense.
CHAPTER XLII.
AN ORDINANCE to restrain Claming.
SEC. 1. Gaining punished SEC. 2. Keeping room punished,
Be it Ordained by the City Council of the City of Dubuque :
SECTION' 1. 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 purpose of play -
in; 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 offense,
with costs of prosecution.
SEC. 2. That any person or persons who shall keep a house or
room for the purpose of gaming therein, or wlio shall suffer or
permit other persons to frequent or remain in any house or room
kept, owned, occupied or controlled by liiin for the purpose of
gaming therein, shall upon conviction thereof, be fined not less
than ten, nor more than fifty dollars, for each offense, with costs
of prosecution.
CHAPTER XL lI.
AN ORDINANCE to secure the health
Board of Health.
SEC. 1. Iloardof health constituted under
chapter 151, haws of the Eigh-
teenth General Assembly.
2. To exercise a general supervision-
8. To provide a hospital.
4. Physician to report,
5. Marshal to obey Board.
8. City hospital.
of the City —Appointing a
SW. 7. Health officer.
8. Duty of Health officers.
2. Neglect of duty punished.
I0. Inspection of boats.
11. Boats forbidden to land.
12. Ferry boats.
13. Rafts, 8kilrs or yawle.
14. IIse of hospital.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That the Mayor and Council of the City of Du-
buque 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 government 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 same are hereby re-
pealed, except Chapter forty of the Revised Ordinances, entitled,
"An Ordinance to Prevent Nuisances"; also an act amendatory
thereof, passed May 6th, 1869; "An Ordinance to Prevent
Nuisances," passed November 9th, 1876; and such other ordin
14S REVISED CITY ORIDINANCES.
antes as relate to nuisances and the prevention thereof, as may
be in force in said City.
SEC. 2. Said Board of Health shall exercise a general super-
vision over the City of Dubuque, with full power to take all
steps and use all means to promote the cleanliness 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,
contagions 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 any lawful order of
said I3oard 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 infect-
ed with such disease, and remove all such persons to such hospi-
tal without delay as can be removed, and also to provide, at the
expense of the City, all necessary comforts 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 suer' nurses, cooks and other help as may be neces-
sary for the proper police of such hospital, but if such person
refuse to be removed, of if his or her condition be such that in
the opinion of the Board removal would be attendee} with dan-
ger, said Board shall take such measures as they may deem ad-
visable to prevent the spread of the contaTion or infection, and
to cause the diseased person to receive proper and humane treat-
ment. But in all cases where the infected person refuses to go,
or cannot be taken to the hospital, such Board s11a11 cause suit-
able notiees, with the name or character of the disease printed
or written in large letters thereon, to be posted up in the most
conspicuous place on or near the place of abode of' such infeeted
person, and require the occupants thereof to maintain such
notices there until said Board may discontinue the same; and
REVISED CITY ORDINANCES. 149
any person wlio shall tear down or destroy such notices shall be
fined in any sum not less than ten nor more than one hundred
dollars.
Soo. 4. That each and every physician who may be called
upon to attend any case of small pox, cholera or other contag-
ious disease, or shall at any time hereafter, attend anv such case,
shall within twenty-four hours after first seeing any such case,
report the same to the Mayor of the City or some member of
the Board of health, stating the house or location 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 suck case, -within the City
Limits, who shall neglect or refuse to report. the same as
herein provided, shall be subject to fine of not less than ten nor
more than one hundred dollars.
SEC. 5. It shall be the duty 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 per-
taining to the duties of said Board, and in any matter relating
to the health of the City.
SEC, 6. That the Mayor and health officers, are hereby author-
i2ed and empowered to select and rent a piece cif ground. on the
bank of the Mississippi river, at a point not to exceed three
miles below Said City, for the purpose of erecting thereon a city
hospital, for the uses and purposes hereinafter named.
SEC. 7. That a health officer of said City, to be selected and
appointed by said Council, or a committee thereof, shall be sta-
tioned at said hospital to be erected as aforesaid, during 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 condition of the
passengers, officers and crew of such boat, and ascertain whether
there is any case of cholera, small pox or yellow fever, or pre-
monitory symptoms of cholera small pox, or yellow fever on
board said boat.
150 REVISED CITY ORDIN.".NCES.
SEc. 8. It shall be the duty of said health officer to make the
examination aforesaid, and in case he stall find cholera, small
pox, or yellow fever, or symptoms of cholera, small pox, or yel-
low 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 knowingly 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 he fined
not leas than one hundred dollars for every such neglect of duty
or misfeasance in office, to be collected by snit in any Court hav-
ing jurisdiction thereof.
SEc. 10. 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 suchhealth officer as aforesaid,
or that shall land at said City after haying been examined, with-
out 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 he fined in the stun of two thousand dol-
lars for every such offense, to he collected by process of attach-
ment.
SEC. 11. That any steamboat on a downward voyage on smelt
river, which shall land at the City of Dubuque, having on board
any case, or eases of cholera, shall be tined for each offense the
like aunt 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 board
any case of cholera, shall be fined for every such offense the sum
REVISED CITY ORDINANCES.
151.
of five hundred dollars, to be collected as provided for in section
ten hereof.
SEC. 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. XLIV.
AN ORDINANCE to guard against the running away of horses or
teams, and to provide for the hitching of the same.
Si,c. I. Horses should be hitched. 5EC. 2. Horses running away punished.
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 allow a horse or horses, with a carriage or other vehicle at-
tached 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 he liable to a fine of not
more titan fifty dollars, in the discretion of the Court, and to pay
any person injured, or aggrieved by such runaway, damages not
exceeding one hundred dollars, under this ordinance.
152 nEVII I ]) C]TY ORDINANCES.
CHAPTER XLV,
AN ORDINANCE to provide for summoning juries.
SEC. 1. SumtoCuing]uriee.
SEC. 2. Compensation of.
Be it Ordained 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 ages of any asione. by st eetla,ll y the
or high-
wayn-
, altering widening or annulling
way, 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 specifi-
ed, 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.
SEC 2.. That any person who shall serve as a juror in any
cause arising under the ordinances of the City, when summoned
by order of the City Council, Ci shall
ota return a f the time
ompensation
ancil upon r
therefor, such sum as the City
of such service by the proper officer, shall deers] just and reason-
able, and shall allow for the same.
CHAPTER XLVI.
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 of the City of Dubuque;
SECTION 1. That whenever it shall be the duty of the City Coun-
cil to slake 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 Dubuque as party of the
REVISE]) CITY ORDINANCES. 153
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 there-
to the corporate seal of said city, and such deed or release may
thereupon be acknowledged by the 'Mayor or president pro tens.
executing the salve, which deed or reIea.se so acknowledged and
executed shall be valid and effectual to convey all rights awl re-
lease al! claims thereby purporting to be conveyed or released.
S]:c. 2. Thaat all contracts shade by any committee of the City
[ 'ouncil duly appointed, and by resolution of such Council duly
authorized to make such contracts, shall, when signed by such
committee or a majority thereof, be Valid against the city : Pro-
vided. That the contract be first presented to said Council and by
then] approved.
CHAPTER XLVII.
AI'1 ORDINANCE to license, tax and regulate the keeping of Dogs.
SEC. 1. Owners must have License. SEC. 3. Mayor's Proclamation.
2. Dogs a 'Nuisance. 4. 'Running at Large.
Be it Ordained by the City Council of the City of Dubuque :
SECTION. 1. That any person owning or harboring any dog or
hitch, shall procure a license therefor, which shall be issued by
the City Recorder, for the term of one year, on presentation of
the Treasurer's receipt for the sum of two dollars for each dog
and tive dollars for each bitch owned or harbored by the person
making application for such license. Any person who shall allow
any dog or bitch habitually to remain, and he lodged or fed with-
in his or her house, barn, store or enclosure, shall be consider-
ed as harboring the salve within the meaning of this ordinance.
SEC. 2. If any person shall refuse or neglect to obtain a li-
cense as provided in the preceding section, any dog or bitch own-
cl or harbored by such person, shall be considered a public nui-
sance, 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
(20)
1.54 v ISM 1 CITY 0Rr1IN.1.NCES.
dog or bitch to be killed, and any person who shall ]hinder or re-
sist the Marshal or any person under his direction, in. the duties
hereby imposed upon him, shall forfeit and pay upon• contic.t.ion
thereof. a fine of not less than five dollars, or be imprisoned not
exceeding thirty clays.
Sic. 3. Ally dog or bitch found running at large at any time,
without za collar or other distingnishillg ]nark by which the own-
er may be known, shall be deemed a nuisance and subject to
the provisions of section two, of this ordinance for unlicensed
dogs.
CHAPTER XLVIII.
AN ORDINANCE to prevent Hogs and other animals .from running
at large.
SEC. 1. Animals not to run at largo. SEC. 5. ImpotlndeT and sold.
2. r01.1nd provided. G. May be redeemed before sale.
3. Marshal's Fees.. 7. Interferon ceWith Poundpuniahod
4. Cows restrained ote.
Be it Ordained by the Cite Council of the City of Dubuque.:
SECTIol`. 1.. That any and all Ilorses., Mares. _Mules, Jacks,
Jennies, Hogs, Pigs and Geese, running at large within the lim-
its of the City of Dubuque, are hereby declared to be a public
nuisance, and it shall be the duty of the City Marshal to procure
and establish a pound at such place as he may select within the
City, and to cause to be taken up and secured therein all ]Horses,
Mares, Mules, Jaeks and Jennies, ]logs and Pigs of any age or
description, and all Geese, which shall be found running at large
in any of the streets, alleys, public squares, or landings of the
City, and any person who shall in any manner interfere with said
pound without authority from the Marshal, or shall injure, open,
break, or destroy such pound, with intent that any animal or ani-
mals confined therein may be rescued or escape, shall, on convic-
tion, be fined not less than five nor more than fifty dollars, with
costs of prosecution.
Scz:. `?. That any Hogs, Pigs or Geese, taken up and confin-
REVISED CITY o.1WIN.1NCES. 1.55
ed in said pound, and not claimed by the owner thereof in
twenty -tour hours, shall be sold at public ,auction to the highest
bidder for cash, public notice of such sale having been given by
writtelt notice posted in three poi lic places in the City, and any
Horse, Mare, Mule, Jack or Jenny, taken up and confined in
said pound and not claimed by the owner within five days, shall
be sold at public auction to the highest bidder for cash, public
notice of the time and place of such sale having been given by
pnblishing the same for at least five days in the official paper of
the City, provided that no sale of any Horse, Mare, Mule, Jack
or Jenny shall be trade before the tenth day of the impounding
of such animal, and the money arising from any such sale shall
be paid into the City Treasury, after deducting therefrom the
Marshal's fees with cost of keeping and sale. If the owner or
owners of any animal impounded shall claim the same of the
Marshal before the sale, and pay the charges of taking up, keep-
ing and advertising, and shall prove ownership to the satisfac-
tion of the A[arslral, such animal shall be delivered to said owner.
If in one month after the sale of any animal as herein provided,
any person shall prove ownership to the satistactioa of the
Marshal, he shall make a certificate of the amo:u r paid
by lritn into the City Treasury, from the proceeds of such
sale, and on presentation of such certificate to the Recorder he
shall draw an order on the Treasury for the amount.
Site. 3. 'The City Marshal shall be entitled to demand and
receive; the suns of one dollar for each Horse, Mare, Mule, Jack
or Jenny; twenty-five cents for each Hog or Pig; and ten cents
for each Goose taken to said pound, with a reasonable suns for
keeping, and twenty-five cents for notices of sale, and ten per
cent. on the proceeds thereof to he paid by the owner or deducted
from the proceeds; and shall report once in each month to the
City Council any proceedings by hint under this ordinance.
SEC 4. That between the hours of six (6) o'clock P. 3i., and
six (6) o'clock A. ai., from November 1st to April lst•, and between
the hours of nine (9) o'clock. F. 3I., and five (5) o'clock s. It .
from April lst to November 1st, the running' at large of Cows,
156 RE ICED CITY ORDINANCES,
Calves, Steers, _Bulls, Goats and Sheep within the limits of this
City, be, and the salve is hereby prohibited; and the Marshal is
hereby directed, in a pouIid to be procured by limp for the pur-
pose at the expense of the City, to impound all animals found
running at large, in Violation of this ordinance, till the salve are
sold or redeemed as hereinafter provided.
SEC. 5. That within twenty -tour hours after the impounding
of any such animals, the Marshal shall post on the outer door
of the City Hall building a notice, fixing the time and place,
when and where such animals will be sold, and at the time fixed
(which shall not be less than five days from the posting of
such notice) and at the place designated the Marshal shall pub-
licly sell such anifnals to the highest bidder, and oIi receipt of
the amount bid shall execnte to the purrhaE,er a bill of sale,
which shall be effectual to vest in him an absolute title to the
animals sold, after deducting his fees, which for all services are
fixed at fifty cents for each day, or portion of a day the animal
shall have been in the pound, the Marshal shall pay the remain-
der of the purchase money into the City Treasury-, from whence
it shall be paid to the owner of the animal sold, if he appears
for it within thirty days thereafter; otherwise to become the
property of the City.
SEC 6. That at any tirne before the sale as Herein contem-
plated, the owner may redeem any annual by paying to the
Marshal his fee as herein provided.
SEC. 7. Tliat it' any person shall interfere with, or in any
way obstruct the Marshal, or any one employed by him. in the
enforcement of this ordinance, or shall release, or assist in re-
leasing any animal from a pound established as herein contem-
plated, or shall in any- manner interfere with or injure said
pound without lawful authority so to do, he shall be punished
by a fine not exceeding one hundred dollars (KW) or by im-
prisonment not exceeding thirty days, in the discretion of the
Court.
[Sections 4, a, 6 and "+,passed September Sth, 18i8.1
•
.
4-
RI;VISED errr ORDINANCES. 157
CHAPTER. XLIX.
AN ORDLLNANCE authorizing S. Chamberlain and others to construct,
maintain and operate water works, and supply water to the city and
citizens of Dubuque, defining their powers and privileges, and pre-
scribing their duties.
SEC. 1. Water company.
2. Repair the Rtreets.
3. Supply the city.
4. May take the water from level.
1. To extend as elty require.
SEC. G. Reservoir.
T. When City may purchase,
8. 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 :
SEcrioN 1. That S. Chamberlain, J. W. Parker, H. W.
Clark, N. W. Kimball and R.. J. Gibbs, their stneeessors, asso-
ciates and assigns, as individuals or as a body corporate, under
such name as they may hereafter adopt, be and are hereby an-
thorized to construct maintain and operate water works in the
City of Dubuque, with proper structures, machinery, reservoirs,
embankments, aqueducts, pipes and conduits 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, exclusively for the term of fifty years from the
date of this ordinance, 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 vtly 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 noel use,
and restraining the waste thereof, subject to review and approval
of the City Council.
SEc. 2. That before commencing work upon any part of any
15S REvISEII CITY OR11Lti, N l;t.
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 nnneces-
sarily obstruct any street, alley, avenue or public grounds, and
shall complete each part of the work therein as soon as practica-
ble, 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 salve subsequently become out of good condition because of
imperfect repairs, then and in that case the City may cause the
proper repairs to be grade, and may retain the costs thereof out
of any moneys then due or afterwards becoming due to said par-
ties, and they shall be liable for any injury to persons or prop-
erty caused by the negligence, mismanagement or fault of them-
selves or any of their employees; and should the City be sued
therefor, they or some rnanaging agent in their employ shall be
notified of such suit, and thereupon it shall be their duty to de-
fend 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 judgment
against the City shall be conclusive evidence in the cause to en-
title the City to recover against them.
Sr.c.. 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 at-
tach as many hydrants and fire plugs (not less than seventyiive
in number} as the City Council may direct, and shall keep and
maintain the same in good repair, and protect there in win-
ter SO as to keep them trorn freezing, each hydrant being so con-
structed that two distinct attachments 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: For the first 100, wT5 each per annurn,
for all over 100 and less than 200, $50 per annum. Wlren 200
are in rise the charge shall be $,60 each per annum for all,
which shall continue to be the charge until 300 shall be in use,
REVISEID CITY ORDINAr`C'ES.
159
when the charge shall be $50 each per annum for ail 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
Washington squares in said City, whenever said City shall erect
such fountains, and pay theme for the cost of the additional pipe
required to conduct the water to the same; and they shall fur-
nish 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 eitizens may conduct the water
to, such quantity of pure and wholesome water as they may de-
sire, 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
Bakeries, -
Bakeries, per annum
Barber -
Barber Shops, per annum, one chair
cc
each additional chair
Bath. Houses, per annum; per tub
Blacksmiths, each fire, per annum
Building purposes, per one thousand brick
stone per perch - -
Plastering, per one hundred yards
Breweries, Distilleries, Follnderies, &c; Daily less
than one thousand gallons, per one hundred gallon,
Daily from one thousand to five thousand gallons,
per one hundred gallons - - - -
Daily over five thousand and under ten thousand,
per one hundred gallons -
Daily over ten thousand, per one hundred gallons
Hotels and boarding houses. For each sleeping
room - - -
Dwellings houses not exceeding six rooms,
annum - - - -
Dwelling .houses, each additional room, per annum
Offices, each, per annum -
Printing offices, engine extra -
Saloons, groceries and eating houses
$1(] to $,15 00
10 to 15 00
8 00
3 00
$10 to 15 00
3 00
10
10
40
05
04
03
02
$1 to 1 50
per
8 00
1 00
- 5 00
$10 to 20 00
15to2000
160
REVISED CITY ORDINANCES.
Stables, livery, per stall up to six per annum
Stables, livery, each additional Stall, per annnnr
Stables, private, per stall - -
Steam engine, per horse power, [or as assessed] -
Stores, dry goods, hardware, boots and shoes, books,
etc., twenty feet front - - - - -
Dry goods, hardware, boots and shoes, etc., twenty
to thirty feet front - - -
Sprinkling lot up to fifty feet front, per tap
Sprinkling lot fr'onr fifty to one hundred feet front,
per tap -
F'ountains, private
$3 00
2 50
3 00
to 5 00
8 00
10 00
to 5 00 t
4to0 00
5 to 2.5 00
SEI'. 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 Du-
buque County, Iowa, and shall commence the construction of
of the works herein provided for within six months from the pas-
sage of this ordinance, and shall, within one year and six months
from the time the saineiscommenced, have atleast six miles ofwa-
ter pipe laid down and connectedwith said level, and in operation;
and at the expiration of two years and si.x 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 section provided, or having laid down the pipes
as above required, shall in like manner fail to furnish to the
City and its citizens pure and wholesome water hi snch quantity
as they rnay desire and at the rates in this ordinance provided
for, then and in either case the rights and privileges herein
(ranted shall be forfeited, and shall revert to the City; and
should the City or citizens at any time, through the wilfulness
and carelessness of said parties.'their successors or assigns, be de-
prived of the necessary water for thirty-six consecutive hours,
the said parties shall be liable to a forfeiture of their rights un-
der this charter, or at the election of the City they shall forfeit
all claim for payment for stipulated price for all hydrants snp-
REVISE➢ CITY ORDINANCES.
161
plying water to the City for the period of one year. Prov.ded,
that whether a substantial breach of any of the provisions of this
ordinance shall have been committed, shall be 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 extend the
saine 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 required by them; Provided, That
the City Council shall order at least an average of one hydrant
tor 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 qnantity of water along the line
of such street, avenue or alley as at the rates above stipulated
will produce a sum of money sufficient to pay interest at the
rate of' seven per cent. on the cost of the pipe required to be so
extended.
SEC. 6. That said parties shall so construct their reservoir at
the mouth of the level, that the drainage of the neighboring ra-
vines will not flow into the salve; and if at any time during the
continuance of this charter, the water of said level shall be un-
wholesome, or the quantity thereof insufficient to supply the de-
mands of the City, then said parties shall be required 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 fhii to furnish the quantity of water
sufficient to supply the demands or the City and its citizens, or
(21)
162 REti1SED CITY ORDINANCTS
fail:to comply with every requirement of thin ordinance, then the
Council may, by resolution, forfeit the rights hereby granted.
SEC. 7. That at. any time after twenty years, upon giving six
rnonth's notice, the City shall have the right to purchase from
said parties all the buildings, machinery, pipes and other prop-
erty, with all their rights and privileges, (but not. including any
franchise herein granted, or that may be hereafter 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 may be
agreed upon by the City Council and said parties. in case of a
disagreement, the price shall be ascertained by five disinterested
persons, non-residents 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 corpora-
tion, without first giving the City Council the refusal to pur-
chase at the Same rates offered by others ; Provided, That no pur-
clla.se shall be rrrade 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.
SEC. 8. That the works and property connected therewith
erected in pursuance of the privilege herein granted shall be ex-
empt from City taxation until the year 1873.
SEC. 9. This ordinance shall be in force from and after its
publication in the Daily Times and National Deniokrat, newspa-
pers published in the City of Dubuque ; provided, that the privi-
leges 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 procla-
illati.on of such acceptance, which shall be regarded as the con-
summation of a contract with said parties under the terms of
REVISED CITY ORDINANCES. 163
this ordinance for a supply of water to the City, and its citizens
under the terms and conditions herein provided.
Passed December 5, 1870.
SEC. 10. That it shall be unlawful for any person, except such
as the City may designate, to interfere with the valves, caps, hy-
drants, or other apparatus of the Dubuque Water Company ; and
that any person convicted of a violation of this ordinance shall
be fined in a sn.1n not less than one nor more than one hundred
dollars.
PROCLAMATION.
To All Whom it May Concern :
WHEREAS, S. Chamberlain, :Henry W. Clark, J. W. Parker,
R. J. Gibbs and N. W. Kimball, have on this 16t11 day of Decem-
ber, A. D., 1870, filed with me a notice, stating that they accept
the privileges granted to them by the City Council of this City
by an ordinance entitled "An Ordinance authorizing S. Chamber-
lain and others, to construct, maintain and operate water works,
and supply water to the citizens of Dubuque, defining their pow-
ers and prescribing their duties," passed by the Council on the
5th day of December, A. D. 1870, therefore in pursuance of sec-
tion 9 of said. ordinance, I do hereby give public notice of such
.acceptance and of the closing of the contract between the City
and said parties contemplated by said ordinance.
In testimony whereof I hereto set my hand and cause the seal
of said City to be hereto affixed, this 16th day of December, A.
D., 1870.
W. J. I%NIGIIT, 1I.Avox.
Attest:
SEAL.] C. G..HABGUS, RECORDER.
CHAPTER L.
AN ORDINANCE to establish and dedicate a Public Square.
S.C. 1. Boundaries of Square. Sc.s3. Under rare of Marsha/.
S. A public resort. 4. Injuring property punished.
Be it Ordained had the City Council of the City of Dubuque:
SI CTION 1. That all that certain tract or parcel of ground in the
1(4 .1tE\ [H:I) CITY ORDINANCES.
City of Dubuque, bounded as follows. to -wit : On the east by
Iowa street., on the south be Fifteenth street, on the west by
Main street, arid on the north by lot Nu.. 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 for-
ever.
SEC. 2. That the said square shall be reserved and appropri-
ated solely as a place of public resort and recreation.
Si:c. 3. That all public squares shall be ender 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
public 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 use, or to dig
up the surface of the ground, or to turn within said square any
animal to feed or re.niain 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
slim not less than two dollars, nor more than twenty dollars for
each and every offense.
CHAPTER TA.
AN ORDINANCE to provide for the protection of Harbor Improve-
ment and all Bridges in the City.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That if any person shall ride or drive any horse,
mule, or any annuals whatever, across the bridges erected on
RE ISED WY ORDINANCES. 165
Seventh street or other bridges in the city, at a faster gait than a
walk, he shall be filled in any sum not less than one dollar, or more
than five dollars for each and every offense, to be recovered
before inly court havllig jurisdiction, with costs.
CHAPTER LII.
AN ORDINANCE regulating prosecutions under and providing for
the enforcement of the Ordinances of the City of Dubuque.
SEC. 1. Prosecutions.
2. Who commenced by.
3. To be in a summary manner.
t. Punishment,
3. Marshal to attend Court.
6. Court to report.
i. Fees.
S. Reports to Auditor.
SEC. 9.
10.
11.
12.
13.
14.
15.
Auditor to examine.
Court to eater Judgment.
Mayor may remit fines.
City Prison.
Mayor to make rules.
Credit 61.50 per day on fines.
Insulting Prisoners.
Be it Ordained by the City Council of the Cate of Dubuque:
SEO'lloN 1. That all prosecutions for violations of any City
Ordinance shall be had before any court having jurisdiction in
the name of the State of Iowa for the use of the City of Dubu-
que and all moneys collected thereby shall he paid into the
Treasury in the manner hereinafter stated.
SIC. 2. That all prosecutions for the violation of any Ordi-
nance when not otherwise provided, shall be commenced by the
City Attorney or the City Marshal, and whenever judgment is
rendered in favor of the City, and such judgment is fully satisfied
said .Attorney or Marshal is full❑ authorized to enter satisfaction
on the docket of the court.
SEC. 3. in all prosecutions for the violation of any City Ordi-
nance, the trial shall be in a summary manner, but the accnsed
shall have the right to demand a trial by jury, and when a jury
is demanded the court before which the prosecution is had, shall
forthwith issue a venire to the Marshal, or other officer in attend-
enee on such court, commanding him to summon a jury for such.
trial, of six citizens free from bias toward either party, tv, and sneli
jury shall be einpannelled and the trial conducted in the inanner
166 REVISED CITY ORDINANCES.
prescribed by law fir other criminal cases tried before such
court.
SEC. 4. That any person who shall wilfully and maliciously
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 offense, and the court before which the conviction is had may
in such case and in all cases where a fine is prescribed by ordi.
mince, further adjudge that the offender be confined in the City
Jail till such fine and costs be paid, or if the offender be a male
person over the age of sixteen years, that he be imprisoned at
hard labor till such fine and costs be paid, and in all cases where
the penalty prescribed is or may be imprisonment, the court may,
if the offender be a male person over the age of sixteen years,
further adjudge that such person be kept at hard labor during
the teriri of imprisonment.
SEi'. 5. That the City Marshal, or his deputy, shall be in at-
tendance on the court before which any prosecution Inay be had
for the violation of any City Ordinance, shall make and preserve
a full statement of the names of all persons prosecuted, and the
judgment of the court rendered in each case, together with the
names of the jurors who may serve, and of the witnesses sub-
poenaed and in attendance, and the time of service of each, and
shall return such statement to the City Auditor on the last Satur-
day of each month.
SEC. 6. The court before which any prosecution for the vio-
lation of any City Ordinance may be had, shall, on the last Satur-
day 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,. to-
gether with the naives of the jurors who may serve, the names
of the witnesses subpoenaed and in attendance, the officer making
the arrest, and the officer serving subpoenas, the time of service
of each, and t]ie pay to which the court, and each of such persons
are entitled according to the fee bill set forth in the next section;
REVISED CITY ORDINANCES.
167
all fines and fees collected by said court shall be paid into the
City Treasury and the receipt of the Treasurer therefor annexed
to said report.
SEE. 7. That the following fees shall be allowed and paid by
the City to the court.
For each information filed, - 25
warrant. issued, - - 50
days trial (6 hours) - - 1 00
Judgment rendered, - - 50
Recognizance, - - 25
Mitt:imus, - - 50
Order of discharge, - 25
Venire for injury, - - 50
Adjournment, - - 50
CC
Lc
cC
CC
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), -
mit•timns, -
LL
" attendance on court, -
1 00
50
50
1 00
15
25
50
Provided, Tliat no officer of the City shall be entitled to or
receive any fees unless there be a fine imposed by the court and
such tine and the costs are paid in money by the person fined.
SEc. 8. All reports of the court, and of the Marshal, shall be
made to, and kept by the Auditor, and every mittimus shall be
returned to the Auditor by the Marshal, with his return endorsed
thereon of his doing thereunder; and if any fine or costs have
been paid to him, he shall pay the same into 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
.168
REVISED CITY ORDIN ANOES.
of all cases reported to him showing 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 incorrect, 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. 10. That immediately upon the conviction of any per-
son for the violation of any City Ordinance the court shall enter
up its judgment and tax the costs in the ease; and when the
prisoner is adjudged to pay a tine or costs he will then be entitled
to pay such fine or costs into court, but if such line or costs be
not then paid, or if the penalty imposed be other than fine or
costs, the court shall forthwith issue a rnittimus 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 trim, and he shall execute the judgment of the court and
make full return on each rnittimus of his doings thereunder, and
file the sauce with thoAuditor at the time of making his monthly
report.
SEC. 11. That the Mayor of the City may at any time remit
all or any portion of the punishment imposed for the violation
of any ordinance, but such remission shall be in writing, and ad-
dressed to the Marshal, and he shall return the same to the
Anditor attached to the rnittimus under which he held the
prisoner.
REVISED Curl URIlINANCES.
1.69
SEC. 12. That the basement at the east end of the Central
Market Ilouse, in said City, is hereby declared to be the City
Prison of the City of Dubuque, and shall be so known and desig-
nated; said Priso/ shall be irr the keeping of such person as the
Council may appoint, but under the control and supervision of
the City Marshal; and therein shalt be confined all persons com-
mitted thereto for violation of the laws of the City, and all per-
sons arrested by the Police of the City charged with offenses
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 prisoners, as far as may be, and
that each prisoner is furnished daily with as much clean water
as lie shall have occasion tor, 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 gov-
ernment of said prison.
SEc. 18. The Mayor of the City shall make such rules and
regulations as he may think proper for the government and man-
agement of said prison; and shall from time to time prescribe
the ]rind of ]abor at which, and the place where, within the City,
prisoners sentenced to labor shall be employed. The Marshal or
other persons appointed by him,. shall superintend the perform-
ance of the labor prescribed, and shall furnish at the expense of
the City such tools and materials as may be necessary for the do-
ing of the work prescribed, and may use such means as are
necessary to prevent escape, and if such prisoner attempt to es-
cape or refuse to ]abor, he may use the means authorized by sec-
tion 5134 of the revision of 1860, 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 he credited on such fine
or costs the suns of one dollar and fifty cents for each day's im-
prisonment, but when sentenced to such prison at hard labor for
the non-payment of such file or costs, and he refuse to perform
(22)
MININIMEMIONONIONNEMMO•ir---
170 UNVISE]) CITY ORDINANCES REVISED CITY ORDINANCES.
the labor required of bins, he shall not be entitled to such credit,
and when a prisoner is sentenced to ]yard labor th a definite time
and refuses to perform the labor required of him, the time during,
which lie 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 R. prisoner
in charge to preserve Mini from insult' and annoyance and com-
munication with ethers while at labor and going to and retuin-
ing 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 punished by a fine not exceeding
ten dollars or by imprisonment not exceeding tliree slays.
CHAPTER LIll.
AN ORDINANCE to provide for the registration of births, deaths,
burials, and contagious diseases.
SEC. I. Firths reported. SEC. 5. Transportation.
Q. Deaths reported. G. Contagious diseases.
3. Permit. 7. Recorder to report.
4. Sexton. S. Violation punished.
.Be it Ordained by the City Council of the City of Dubuque :
SEcTrory 1. That every physician, midwife, nurse, household-
er, or other person, within whose care any child may be boric
within the jurisdiction of this City, shall report the fact of said
birth to the City Recorder, within ten days of the occurrence of
the same, in the manner and form prescribed in blank No. 1.
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, certify to
the same in writing and report to the City Recorder, in the man-
ner prescribed in blank No. 2.
Sci,. 3. Every Undertaker, or other person furnishing any
coffin or receptacle for any corpse within the jurisdiction of this
171
city, shall first obtain a permit from the City Recorder in the
manner and form prescribed in blank No. 3.
SEC 4. Every Sexton, or custodian of a cemetery, before ram:
ceiv ing for burial any corpse, shall first receive from the under-
taker, or other person bri nging said corpse for burial, the permit
already issued to said undertaker, or other person, from the City
Recorder, and shall return the same to hirer properly endorsed
with his signature, within ten days after the inanller and form
prescribed in blank No. 3.
SEG. 5. Every Railroad, Steamboat, Ferry, Transportation,
or other Company, and every other person, before removing be-
yond 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..33.
SI:c, 6. Every Physician, M idwif•e, Nurse, Householder, or
other person, within whose care any case may occur of cholera,
chicken -pox, croup, diphtheria, erysipelas, glanders, hydrophobia,
measels, puerperal, scarlet, spotted, typhoid, typhus 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.
Si.c, 7. That the said City- Recorder shall, in the months of
March and September, report to the City Council, a statement of
the number of births and deaths recorded during the previous
half year, and such other information and suggestions 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 offense.
7.72
RE YisEli CITY O1DIN. NOES.
CHAPTER TAY.
AN ORDINANCE to license, tax and regulate transient merchants.
SEC. 1. Transient merchants to procure SEo. 2. Money refunded if tax paid.
license. 4. Recorder to issue license when
2. Manner in which same shall be pro- Mayor presents statement.
cured. 5. All ordinances in conflict repealed.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. That no person, not a permanent resident of
said City, shall, himself or by auctioneer, or other agent, sell or
offer for sale, within the limits of said City, any goods, wares or
merchandise, such as are kept for sale by resident• merchants in
said City, unless the goods, wares, or merchandise so offered for
sale shall have been previously assessed for taxation by said City,
without being authorized so to do, by a license to liirn issued by
said City tier that purpose. And every person, whether owner,
auctioneer, or agent of such goods, wares, or merchandise, who
shall sell, or offer the same for sale, in said City, without such
license being first procured fi•oin said City for that purpose, sliril],
upon conviction thereof before any court, be fined in any surn
not less than five, nor more than one hundred dollars, at the dis-
cretion of'the court before which the conviction -may be had.
Six;. 2. Application f'or such license shall be made in writing
to the Mayor of said City, stating the length of time such license
is rexnired, 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, show-
ing the different kinds thereof, and the total number of each
kind; and upon such application being filed with hirn, 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 inay, if lie shall deem it proper so to do,
authorize a license to be issued to such applicant upon his pay-
ing 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
E.Eviswo crrY olu)INANcEs. 173
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 inssuance of said license, shall
be ten per cent. of the value of such goods and merchandise de-
termined as aforesaid, and no licenseissued onthe basis of five per
cent. valuation, shall protect any such person from selling or of-
fering 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 Recor-
der of a statement showing the business to be carried or_ by the
applicant, the amount of sue.11 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 on its face
the additional sum to be paid for carrying on such business dur-
ing the month of December, as herein provided for.
SEC. 5. All ordinances and parts of ordinances inconsistent
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.
CIAPTEI;, LV.
AN ORDINANCE to provide for submitting the question of the sale
of real estate to the voters of the city.
Befit Ordained by the City Council of the City of Dubuque:
SECTION 1. That at the annual city election for city officers
171 Ri:vi2E] erry OIRDINANCES.
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 officers, shall
sell and convey to H. W. Sanford the following described land
and premises, to -wit: 413-1,000 of an acre, situate in mineral lot
313, as described in a deed from said Sanford to the City of Du-
buque, dated January 8, 1857.
Snc. 2. The ballots shall be prepared as follows: "In favor
of selling the following) parcel of land, to -wit: 413-1,000 of an
acre situate in mineral lot 313." `:Against selling 413-1,000 of
au 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 rote shall be in favor of sale, then the proper
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, 1.876.
CHAPTER LY I.
AN ORDIINANCE providing for the settlement of the indebtedness of
the City of Dubuque.
Sc.t1. Committee. SEC. 5. Trustees to give bond.
2. To compromise. 8. Contract.
3. New bonds. i. Council to appoint successors.
4. Fifty per cent taxes. 8. 95209,000 sufficient.
Whereas, The City of Dubuque is largely indebted on bonds
issued to the Dubuque & Pacific Railroad Company, the Du-
buque 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
i
REVISED CITY ORDINANCES.
• 175
on said debts, and the same is constantly accumulating: And,
Whereas, The said City is desirous of effecting a compromise
or settlement with her creditors, and so reduce the amount due,
and the rate of interest on the sane, as will enable the City to
pay the interest and principal promptly, as shall be agreed upon,
and to meet her engagements hereafter promptly: Therefore;
Be it Ordained by the City Gattnoil of the My of Dubuque:
SECTION 1. That the Mayor and Finance Committee shall
be a committee of this Council, and said committee hereby con-
stituted, shall have full power to compromise and settle with the
creditors of the City, as will be best for the interest of all con-
cerned, and within the titnes hereafter provided in this ordin-
ance.
SEC. 2. After allowing upon any indebtedness of the City, as
a credit, the value as shall be agreed upon by said cornnlittee
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 riot ex-
ceeding eight per cent. as shall be agreed upon, and payable
at such times as shall be agreed upon, not exceeding ten year",
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 canceled
nor satisfies) by the receipt of new bonds or evidences of indebt-
edness, but the same shall be valid debts against the City, sub-
ject to be satisfied only by tl•lepayment 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 provided, such
creditor shall deposit with Leroy D. Randall, who is to be a
trustee for both parties, the old bonds or evidences of indebted-
ness to be held by hint until the new -bonds or evidence of in-
debtedness given for the same are fi111y paid and satisfied, or un-
176
REVISER CITY ORDINANCES.
til there shall be a failure to pay the game. In ease of a failure
to pay said new bonds or evidence of indebtedness, as the same
shall become due, the holder ot the same shall have the right to
deliver such new bonds or evidences of indebtedness to said
trustee, and receive from him the _old bonds or evidences of in-
debtedness which were deposited with the trustee at the time the
new bonds or evidences of indebtedness were given after the
trustee shall Have endorsed thereon all sums paid on the new
bonds or evidences of indebtedness, and the new bonds or evi-
dences of indebtedness shall he returned to the City Council, and
shall be canceled.
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 -laying the interest and so -much of the princi-
pal first coining due as the same will pay of the new bonds or
evidences of indebtedness to be issued under this act, and ibr
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 evidences of indebtedness issued under this act,
shall be paid upon the principal of the sum first coming due, and
if there shall not be enough to pay the same fully, it shall be
paid pro rata upon the said new bonds, or evidences of indebted-
ness first coming 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.
Sr o. 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, Recorder, and other
city officers, are hereby authorized to execute all bonds and other
evidences of indebtedness required by this ordinance, and place
the same in the hands ot the committee aforesaid, to be used by
tllent in accordance with the provisions of this ordinance.
REVISED CITY UE1D1N ANIE3.
177
SEC. r. In case the said trustee should die, resign, refuse to
qualify as required by the provisions of this ordinance or become
disqualified by the removal from the City of Dubuque, or from
any other cause, then, and in that event, the City Council of the
city of Dubuque appoiiit his successor, who shall be gov-
erned by the provisions of this ordinance.
SEC. 8. And be it ,further ordained, That the sum of two
htiiidred t.liousaud dollars 0200,000) being deemed sufficient to
accomplish the object of this ordinance, no other bonded indebt-
edness, aside from the issue hereby authorized, shall be created
nor incurred by the said city, so lung as the bonds thus authorized
are outstanding.
Passed Jule 7, 14.
CHAPTER LV II.
AN ORDINANCE changing names of streets, widths of sidewalks,
vacating certain streets, granting privileges, etc.
SRC. 1.
2. Part of Walnut street changed to
Arlington street.
3. and 9. Granting privileges to
W. W. Woodworth.
5. Lnrinnfer changed to Julien Ave.
6. Vacating part of Tower Street.
7, W kith of Sidewalk en Burch
Street.
5. Width of sidewalk on part of
Third street.
PearE street sidewalk. SEC. 9.
10.
11.
12.
13.
14.
13
Width of sidewalk on Eagle Point
acent,e.
Width of sidewalk on Windsor
Avenue.
Part of Bell Street vacated,
Width of Sidewalk on Third
street.
Rights of abutters on Third street
Vacating part. of Eagle Point road.
and ]6. Vacating alley In block 8,
Dubuque Harbor Co's Addition.
Be it Ordained by the City Council of the City of'Dubuque :
SECTION 1. That the sidewalks on the easterly side of Pearl
street, from the point where the north line of 12th street extend-
ed westerly intersects the easterly side of Pearl street, northerly.
to Grove street ; and the sidewalk on both sides of Grove street
from its intersection with Pearl street to its northerly terminus,
be and are hereby established of the width of eight feet.
Passed September 5th, 18 i 2.
SEC. 2. That a certain street in. said L""sty which commences
at Grove street running west to Prairie street, now and heretofore
(28)
178 REVLSELI nnT ORDINANCES
known and designated as Walnut street, shall hereafter beknown
and designated as Arlington street, 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 maintain, an arch
over the alley between Main and Iowa streets, separating City
lots five (5) and one hundred and ninety-six (196), tar a distance
of sixty (60) feet north from the north line of Second street ; the
said arch not to be less than eleven (11) 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 (16) inches in width along
the west side of said alley, running north of its intersection with
Second street sixty ',60) feet, be and the same is hereby vacated
in favor of said Woodworth, his heirs and assigns, for the pur-
pose aforesaid. On condition that said Woodworth construct
said arch within sixty days from 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 I th, 18.73.
SEC. 5. That a certain street in said City which commences
at Bluff street, and running west to the City limits, now known
and designated as Lorilnier 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 naine shall
be, and is, changed accordingly.
Passed Oct. 2d, 1873.
SEC. 6. Whereas, It appears that Ingrain, Kennedy & Day
are the owners of all lots in blocks one and eight of the Dubuque
Harbor Improvement Company's addition to Dubuque that abut
on that portion of Tower street lying between said blocks one
and eight aforesaid, and that they have petitioned the said City
REVISED CITY ORDINANCES.
171)
Council to vacate that portion of Tower street named aforesaid,
and the City Engineer having filed his plat showing 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 Tower 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 Improvement 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 Marcia. 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.
SEc. 9. That the sidewalks on both sides of Eagle Point
avenue, from Cooler Creek to Windsor Avenue be established
ten feet wide -
Passed June 4th, 1877.
SEC. 10. That the sidewalks on Windsor avenue, from Eagle
Point avenue to south line of Stafford's addition are hereby es-
tablished to the width of ten feet.
Passed Novernber 5th, 1877.
SEC. 11. That so much of Bell street as lies between blocks
eight (8) and nine (9) of the Dubuque Harbor Improvement
Company's addition to Dubuque, Iowa, be and the salve is hereby
declared vacated.
Passed September 2, 1878.
SEc. 12. That the sidewalk on the south side of Third street,
from Hill street to Alpine street, be and is hereby established at
the width of twenty feet.
LSO
REV SEl) CITY URDINANCES.
SEa. 13. That. the abutting property owners on said south
side of said 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 the Eagle Point road, so called, as
lies between Orange and Jackson streets, in the city of Dubuque,
be a,ud is herein' vacated.
SEC. 15. That all of the alley in block eight, in the Dubuque
Harbor Company's Addition to Dubugne, from the south line of
Jones to the north line of Dodge streets in said addition be, and
the salve is hereby vacated, and said alley is hereby abandoned
for all public purposes.
SEC. 16. That section 7 of an ordinalce to provide for open-
iIIy, altering or annulliI1g streets, alleysandHighways in the city
of Dubuque, passed January 24t11, 1861, is hereby repealed as ap-
plicable to this ordinance.
CHAPTER ',VIII .
AN ORDINANCE to provide for Lighting the City of Dubuque with
Gas.
SEo. I. Company. SFC. 4. Extending time.
2. Conditions. 5. Fixing price.
3. Notice of acceptance filed.
Be it Ordained by the City Couneii of the City of _Dubuque
SECTION. 1. That Benajah Barker and Harvey B. Spelinau,
their successors, associates and assigns, as individuals, or as a body
corporate, under such name as the may hereafter adopt, be and
they are hereby authorized to use exclusively for the terns of
twent.v-fiaur years from the date of this ordinance, the streets,
lanes, alleys and public grounds of said city, including any terri-
tory that hereafter may be added to the sane, for the purpose of
REVISED CITY ORDINANCES.
181
laying down in said streets, lanes, alleys and public grounds,.
pipes for conveying gas, for supplying said city and the inhabi-
tants thereof with gas light : Provided, That said Barker and
Spellnan, their associates, successors and assigns, shall give the
Street Commissioner of said city one day's notice previous to the
opening of any street, lane, alley or public ground, for the pur-
poses aforesaid, and shall not unnecessarily obstruct the passage
of said streets, etc., and shall -within a reasonable time repair
such streets, etc., as they may have opened, to the acceptance of
the Street Commissioner or other proper officer.
SEC. 2. Titat the privileges herein granted are upon the ex-
press condition that said Barker and Spelman, their associates,
successors and assigns, shall by the first day of April, A. D.
1855, commence within said city, and eornplete by the first day
of December, A. D. 1855, works and apparatus for the manufac-
ture of ga.s, fi•oin coal or any other materials of which gas is now
or may hereafter be made, and shall lay down at least one mile
of leading pipe, and continue thereafter to maintain their works,
and extend their leading pipes through such localities in said city
as the consumption of gas may justify, and shall furnish gas fur
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 ]amps, the stun of
two dollars and fifty cents ($2.5O) per thousand cubic feet, and
for gas for private use not to exceed three dollars and fifty cents
($3.5O) per thousand cubic feet. A.TI lamps, meters, and fittings
to be furnished at the expense of the city for public laulps : Pro-
vided, That if said City Council shall at any period prior to
April 1st, 1855, give said Barker and Spelrnan, their associates,
successors, or assigns, a written guarantee that they will, within
twelve months thereafter, furnish a consulnptiol) of gas equal to
twelve hundred nightly burners, 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 Rarker and Spel) uau, their associates,
successors or assigns, shall within sixty days after the receipt of
182 REVISEI] CITY ORDINANCES.
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 Spellnan to perform any of the conditions of this
ordinance, when such failure is occasioned by accidents or un-
toward events, shalt 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 Spellnan, their successors, asso-
ciates, 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 13th, 1853.
SEC. 4. That the ordinances passed April 13th, 1853, giving
to Benajah Parker and Harvey B. Spelman!their successors, as-
sociates and assigns as individuals, or as a body corporate under
whatever name they might 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 hereby extended
and continued for the further period of ten (10) years, to the suc-
cessors and assigns of' the grantees in said ordinances named with
the following modifications and changes.
SEC. 5. That the price of gas furnished to the City for light-
ing public lamps or for other public uses, also the price of gas
furnished to private consumers, shall be subject to the control and
regulation of the City Council of the city of Dubuque, which
price shall he fixed once in every year by said Council.
SEC. 6. That all ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
Passed Nov. 5th, 1877.
s
4
REVISED CITY ORDINANCES.
183
CHAPTER LIX.
AN ORDINANCE for the regulation of the Dubuque and Dunleith
Ferry.
Sac. 1. Council to order when to leave, Sic. 4. Company to provide Skiffs.
5. Charges. 5. Violation punished.
3. Copies of ordinance to be posted. 6. See Note.
WFEE.EAs, By a contract made and entered into on the 10th
day of Noverber, in the year 1856, by and between the city of
Dubuque, of the first part, and Charles Gregoire and others, of
the second part, the said Charles Gregoire and others are licensed
and allowed to keep and maintain a terry, 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 re-
tained by the said city of Dubuque. Therefore,
Be it Ordained by the City Council of the City of Dubuque
SECTION 1. That the said boat or boats shall leave the regular
landing, which shall be at such places as may be ordered by the
City Council, for conveyance of passengers and freight to Dun.
leitlr, as often as once in every thirty minutes, from sunrise till
one hour after sunset of each day from the first day of April, un-
til the first day of November, in each year : Provided, That they
shall not be required to leave more than once within the hour
from twelve to 1 o'clock of each day. On and after the first day
of November of each year, until the first day of April of the en-
suing 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 provided, unless prevented by ice, by accident, or the dan-
gers 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, - 10 cents.
Man and horse, - 20 "
Each. led horse, - - - 15 "
Wagon, loaded, two horses and driver, 50
Ci
184 REY1SFD CITY ORDINANCEi.
Wagon, unloaded, - - 30 cents.
Dray, loaded, one horse and driver, 40
25
Dray, unloaded, - - -
Buggy or wagon, one horse and driver,
Buggy, two horses and driver, -
Ilack, two horses and driver,
Gig or sulky, one horse and driver,
Tlack or stage, four horses and driver,
Each additional Horse in teams, -
Mule and ox team, same as horse,
Cattle, over 20 head, per head, -
Cattle, 20 head or less, per head,
Steep or hogs, per head, - -
Eaclt barrel of flour, not in vehicle, -
Freight, under 500 lbs., per 100 lbs.,
Freight, 500 lbs., or more, per 100 lbs.,
30
50
60
30
100
10
8
10
5
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 floats may be
in use; and shall also cause a list of the rates of ferriage as here-
in established, painted iu letters and figures not less than one
inch in length on a sign, to be placed in a conspicuous position,
at or near the entera.nc.e to the wharf boat of said ferry.
SEC. 4. That at such tunes as it may be impracticable for
steam ferry boats to cross between Dubuque and Dunleith on
account of ire, but the river may be crossed with boats or skiffs,
the proprietors of said ferry shall provide a sufficient number of
good boats or skiff's, 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 de-
sire to cross at any hour of the day between sunrise and sunset,
and for conveyance of each passenger with baggage not exceeding
seventy-five pounds in weight, the charge shill not exceed
twenty-five cents.
11EV151n) CITY UIRDI1`ANCES. 185
SEC. 5. For each and every violation of this ordinance, the
proprietors of said ferry shall be subject to a fide of not less titan
live nor more than twenty dollars, with cost of prosecution.
NOTE. --The above 1s the only ordinance in relation to the Dubuque and Dunleith
Ferry. In 1876, Hansen & Linehan silccueded to the right ❑1' the old Ferry Co., under
the following contract, dated Mareh eth, 15 5. Approved by Ci1y Council April lst
]575, see page 258, Record Eleven. Recorded in Contract Book No. 1, pages 116 and
11,.
The City of Dubuque of the first part and Nicholas Hansen
and Bart E. Linehan of the second part agree as follows:
Said City hereby grants to said Linehan & Ilansen, 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
Diver to Dunleith, Illinois, and authorizes them to charge and
receive such rates of toll as may be reasonable, but subject at all
tunes to regulation by the City Council of said City, and said
City agrees that during said term of' twenty years it wi]1
not authorize or empower any other person, company or corpora-
tion to roll, keep, maintain or use a. ferry from the Iowa shore
between the south lisle of Seventh street in said City, and the
southern boundary of said City to the Illinois side of the Miss-
issippi River, but will at all tidies, at the proper costs and ex-
pense of' said Ilansen t.4; Linehan, their heirs or assigns, institute
€111 proper proceedings and use all lawful means as it reasonably
can to snsiiltalll 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 right, or make that right exclusive,
and it is not to be exclusive of, or in any manner to effect or in-
terfere with the right of the City to construct, maintain or use,
or to authorize any other person, company or corporation to con-
struct, maintain or use bridges across said river between the
points above specified, and to charge and receive tolls for the use
of the saute. And the said Hansen & Linehan agree with said
(2,4)
186 REVISE]] CITY ORDINANCES
City' that within a reasonable time not exceeding sixty days
from the date hereof, they will put on and have in good running
order between said Levee and said Dunleith a steam terry boat
of adequate size and speed, suitably equipped to meet the con-
venience 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 operat-
ing said ferry, they will at all tirnes comply with all reasonable
regulations that may be prescribed by the City Connell of said
City, but they reserve the right to abandon the privilege hereby
granted and discontinue said ferry upon giving the City Council
of sold city thirty days previous notice in writing of their inten-
tion so to do, but shall during said thirty days keep said ferry in
operation.
It the said Hansen & Linehan, their heirs or assigns should
at any time during said term, fail to comply with the terms of
this contract, the City Council of said city may on giving thern
ten days notice and a full opportunity of being heard in opposi-
tion thereto, forfeit the rights acquired by them under this con-
tract. 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 t]tey live up to the spirit of the contract above set forth.
A.IJ. PEASLEE,
JOHN WUNDERLICH.
PATRICK LAGAN,
HANSEN & LINEHAN.
Dubuque, March dth, 1875.
REVISED CITY ORDINANCES. 1 i
CHAPTER LX.
AN ORDINANCE to establish Eagle Point Ferry and construct a
Levee in connection therewith.
SEC. 1. Ferry established. 8. May improve landing. SEC. 3. Contract made part of ordlnanco.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. That the license privilege of keeping and main-
taining a ferry, to be known as the Eagle Point Ferry, from the
City of Dubuque to the Wisconsin side of the Mississippi River,
for the period of twenty-five years, is hereby granted to James
Hughes and his associates, and their assignees, within the limits,
and under the provisions, conditions and restrictions specified in
a certain contract, entered into this 28th day of July, 1874, be-
tween the City of Dubuque and the persons above tnentioned,
which contract is in the following words, to -wit:
This agreement, made this 28th day of July, 187-1, by and be-
tween the City of Dubuque of the first part, and James Hughes
and his associates of the second part, witnessed': That. the City
of Dubuque for and in consideration of the covenants hereinafter
contained, does hereby give and grant to the said parties of the
second part and their assignees, the license and privilege of keep-
ing and maintaining a ferry to be known as the Eagle Point
Ferry, for twenty-five years, across the Mississippi River, be-
tween the City of Dubuque and the easterly side of the river, in
the State of Wisconsin, within the following limits, to -wit:
Commencing at the southward limit of the submarine rail-
road, around and extending south one hundred and fifty feet
along the river shore; and the said parties of the second part
covenant and agree that within six months from this date they
will continence and continne runing, at the place aforesaid, a
ferry boat sufficient to accommodate the traveling public, and
transport across the Mississippi such freight as may be required.
And they further agree to exercise all proper care, skill and pru-
dence ]n keeping and running. said ferry, and to conduct and
manage the same SO as to insure the safety and convenience of
the traveling public and those having occasion to transport
freight.
18S REVISED C'ITY 01i1)IN LACES.
It is further agreed that the City Council shall make such
rules and regulations for said ferry as it may deeiii necessar,,-,
and fix from time to time the rates of ferriage from the Iowa side,
but the City Council may tit the rate; of ferriage luwer than
the rates of the Dubuque and Dunleitli ferry; and in ease the
rates are fixed so low as, in the judgment of said party of the
second part, or their assignees, to Snake the ferry unprofitable, or
if, for any other reason, the ferry shall become unprofitable, it
shrill be competent for the party of the second part, or his assig-
nees, to abandon the license and privilege herein granted, by
giving the Mayor of the City three month's notice of such aban-
doninent, in writing.
It is further agreed that the said party of the second part shall
have the right to improve the landing and construct levees with-
in the limits fixed for said ferry.
The failure of the party of the second part, or his assignees, to
comply with any of the terms or conditions of this contract to
be performed on his part, shall work a forfeiture of this contract,
in care the City Council shall elect to declare it forfeited.
But it shall not be competent for the City Council to declare
such forfeiture until three months after the said parties of the
second part or their assignees shall have been notified in writing,
in pursuance of a resolution of the Council, that in the opinion
of the council. the said parties of the second part or their as-
signees have made default, and if during the said three months,
the said parties of the second part or their assignees shall keep
and perform all the terms and conditions to be kept and perform-
ed by them, then the forfeiture shah be considered as saved.
SEC. 2. Tliaat the license privilege to improve the landing and
construct a levee for the use of said ferry and other boats within
the limits fixed for said ferry, in accordance with the provisions
of the said contract, is hereby granted to the same persons and
their assignees.
SEC. 3. The contract herein named is hereby made a part. of
REVISED CITY ORDINANCES. 1S0
this ordinance, and this ordinance shall be in force after its
publication in the official papers of the City.
SEc.4. All ordinances and parts of ordinances inconsistent
with the provisions of this ordinance are hereby repealed
Passed September 3, 1871.
CHAPTER
AN ORDINANCE authorizing and regulating the Dubuque Lumber-
men and Manufacturers' Railroad in the City of Dubuque.
See. 1. Right of way.
2. One track.
3. Other companies to use.
i. Compenaation for use.
G. City may remove rails.
B. Company to repair.
SEC. 7. Connell to mate regulations.
S. May assign.
9. Completed in three months.
10. Company to notify city in sixty
days.
11. Not to prevent other companies.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. That permission, with the right of way, be and is
hereby granted unto the Dubuque Lumnbernren's and Manufac-
turers' Railroad Company to construct, and for the space of fif-
teen years, to maintain a railroad track on and along the follow-
ing streets and public places in this city, viz :
From an intersection to be made with the Dunleith & Dubuque
Bridge Company's track on Fourth street, thence northerly along
and upJackson street as tear as Eighth street ; and from said
Fourth street along the old levee up to Washington street, thence
up and along Washington street as fir 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 busi-
ness along the line of the same as may desire it.
Sec. 2. That only one track shall be laid on any one street,
and that such. track shall be made of suc]i niaterial and itt such
manner as will accommodate other railroad companies that may
desire to pass over the sane, and shall lie 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 the points along the
route, where the track shall be above or below such level, it shall
190 REVISED CITY ORDINANCE'S.
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 so snit such grade.
SEC. 3. That every person, company and corporation shall
have the right to pass its cars over the track hereby authorized
to be built on equal terms without undue preference to any.
• SEC. 4. That the said Dubuque Lumbermen and Manufactu-
rers' Railroad Company shall have the right to demand and col-
-
het as compensation for the use of said railroad track the shin of
fifty cents for each and every car, run upon or off their side track,
for the purpose of being loaded or unloaded, unless such car so
run upon or off their said track is at' the time wholly unloaded ;
but shall not at any t.iine charge or reeeive 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 pur-
pose of making, np 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 necessary
for repair or improvement of the streets, or for laying water or
gas pipes, or sewers, or for other pnblic purposes, on the streets
on which said rails may be laid ; and such. repairs and improve-
ments shall be made by the city without unnecessary delay, and
the track of said road sliar,ll be taken up and relaid by the Dubuque
Lumbermen and Manufacturers' Railroad Company, at their said
company's expense.
SEC. fi. It shall be the duty of said railroad company to re-
pair any and al] damage done to the streets, curbs, sidewalks,
gutters, etc., by the construction and repair of their track along
and over the streets as herein provided for ; and further to pro-
test the City of Dubuque against all claims for damages arising
REVISED CITY ORDINANCES. 191
from the construction or management of the railroad provided
for hereby.
SEG. 7. That tlhe City Council shall have the right from time
to time to make reasonable regulations in reference to the ran—
ting 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 ] Iannfa,ctnrers' Railroad Com-
pany shall, at any time, violate any material 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 .
SEG. 8. That the Dubuque Lumbermen and Manufacturers'
Railroad Company be and is hereby authorized to assign, trans-
fer 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 assignment or transfer shall be subject
to the provisions of this ordinance in the same manner as the
Dubuque Lumbermen and Manufacturers' Railroad Company.
SI•:c. 9. That said railroad track herein authorized to be con-
structed shall be complete and ready for use within three mouths
atter the adoption of this ordinance.
Sic. 10. In ease said.Dubuque Lumbermen and Manufactu-
rers' 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 Mayor of said
city in writing, and from and after such notice this ordinance,
and all the terms and conditions therein contained, shall have
the force and effect of a contract between said company and the
city of Dubuque.
SEC. 11. This ordinance shall not be so construed as to pre-
vent the City Council of the City of Dubuque from granting to
any other railroad company, whose road shall extend and be
19'2 REVIsE1) CITY ORDINANCES.
operated beyond the limits of the City, the right to build, main-
tain and operate railroad tracks on the same streets where the
tracks of the Dubuque Lumbermen and Manufacturers' Railroad
Company are located; and in case any other railroad company,
whose road shall extend beyond t.lie City Limits, shall desire to
appropriate and use the railroad of said Dubuque Lumbermen
and Manufacturers' Railroad Company, for the purpose of a
main track, they shall have the right to do so upon paying to
said Dubuque Lumbermen and Manufacturers' Railroad Com-
pany, or their assigns, whatever damages said company or their
assigns shall sustain by reason of such appropriation, exclusive
of the value of the franchise granted by this council and connect-
ed with that portion of said track so taken and appropriated.
Adopted July 10, 1869.
CHAPTER LXII.
AN ORDINANCE authorizing and regulating Street Railways in the
City of Dubuque.
SEC. 1. Railway company. SEC. 7. Council to regulate.
'. When to commence. 8. Not to obstruct streets.
3. Streets. 8. Must se.romuiodate the public.
a. Here. 10. Must repair streets.
5. City may remove reels. 11. Other companies to cross track.
0. Single or double track.
Be it Ordained by tlye City Council of the City of _Dubuque:
SECTION 1. That the Dubuque Street Railway Company, their
successors and assigns, be, and are hereby granted the exclusive
right acid privilege to construct, operate and maintain over the
streets of the City of Dubuque, street railways for carrying pas-
sengers and freight for the term of twenty years, from the 1st
day of October, 1867.
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 operation within
one ti ear.
SEC. 3. The said company may construct, operate and main
REVISED ern ORDINANCES. 193
tain tracks upon such street, or streets as they may deem expe-
dient, laying their track as near the centre of the streets as may
be practicable, and shall keep the space between the rails in
repair, and shall ]seep the same in proper order as to cleanliness.
SEC. 4. 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 per-
son from one extreme to another shall not exceed ten cents:
Snc. 5. The City of Dubuque reserves the right to take np
and remove the rails of said road whenever it shall be necessary,
for the repair and improvement of the streets, or for laying
water, or gas pipes, or sewers' or for other public purposes on
the streets on which such rails may be ]aid, and such repairs and
linprovements shall be made by the city and without unneces-
sary delay, and the track of said road shall be taken up and re-
paid by the Railway CoinpanY, 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 turn-
outs, side tracks and switches as may be deemed necessary by
said Railway Company.
SEO. T. The City Council hereby reserves the right. to make
all necessary and usual police regulations concerning the opera-
tion and management of said street roads during the continuance
of the rights and privileges hereby granted.
SEC. S. The tracks of such roads as may 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 'un-
necessarily obstruct or impede the running of ears on such track,
he shall be fined five dollars for each offense, by any proper
court or justice of the peace having jurisdiction in the case.
lvl
194 REVISED CITY ❑RDINANCES.
SEC. 9. It shall be the duty of such railway company to fur-
nish and run a sufficient number of ears to accommodate the
traveling public. All cars shall carry signal lights after dark.
The rights and privileges hereby granted shall cease and deter-
mine as to all streets and parts of streets not occupied with tracks
within five years from this date, and a failure to construct and
put in operation at least two miles of road within one year from
this date, shall operate as a forfeiture of the rights and privileges
rereby gran ted.
SEO. 10. It shall be the duty of said railway company to re-
pair any and all damae done to the streets, curbs, sidewalks,
gutters, ete., by the construction and repairing of the tracks
;along the streets as herein provided for; and, further, to protect
City of Dubuque against all claims for damages arising from
the construction or management of the tracks provided for herein.
Snc. 11. Nothing herein contained shall be so construed as
to deprive the City of Dubuque, of the right to authorise (the)
other railway companies from crossing the tracks laid down un-
der the authority of this ordinance.
Passed October 4, 1867.
CHAPTER I.XIII.
A.N ORDINANCE to regulate the conduct and language of persons in
and about the Dubuque Street Railway Cars and Buildiags.
SEc. 3. Conductors special officers. Sc,r13. Cars not to be obstructed.
2. Disorderly- conduct punished.
,'i`,, it Ordained by the City Council of the City of Dubuque :
SECTION 1. That all drivers, conductors, or employees of Du-
buque Horse Railroad Company, are hereby made special police
officers, without any salary to be paid by the city, and are author-
ized and empowered 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 employee so empowered, shall preserve order in and
REVISED CITY COI1]MNA1r'e:Es.
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.
SEc. 2. Any and all persons who shall conduct themselves in
an indecent or disorderly manner, or using obscene or indecent
language, in or abort the cars or premises of said company, shall
forfeit and pay a suiu not less than five, nor more than fifty dol-
lars for each and every offense, when found guilty by any justice
of the peace, or in any court having jurisdiction within the City.
Six. 3. Any person who shall unnecessarily obstruct, or de-
lay the operation of any street railway car, shall be fined in arly
sum not less than five, nor more than fifty dollars when found
guilty by any justice of the peace, or conrt of jurisdiction with-
in this city.
CHAPTER LIV.
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 Com-
pany's addition to this City.
SEC. 1. Right to erect packing house.
Be it Ordained by the City Council of the GJity of Dubuque:
SEcTloN 1. Whereas, William Ryan, of Galena, Jo Davie.--
County, Illinois, proposes to erect a Large meat packing house,
on certain land lying east of Iowa street., and between Dodge and
Bones streets, in the Dubuque Harbor Company's Addition 1,
this City, wlric.lr he proposes to purchase; and, Whereas, lie
desirous of having secured to hirn, his heirs and assigns, forever,
the right to slaughter Bogs and horned cattle, and to carry on
the meat paeking and curing business in all its branches, on said
premises, without which he is unwilling to niake such purchase
and to incur the expense necessary to prepare said premises for
said business; and, Whereas, it is to the interest of the city t
encourage such undertakings, and we are walling and its our in-
I36 REVISED D CITY ORDIN :t ti CES.
tendon, hereby secure to said Ryan, his heirs and assigns, the
right aforesaid, as fully and effectually as we can do so; there-
fore, in order to give effect to such intention on our part, and as
an inducement to said Ryan to snake said purchase, and to carry
out said proposed undertaking, we, the City Council of the City
of Dubuque, do hereby grant to said Ryan, his heirs and assigns
forever, full power and authority, to slaw niter hogs and horned
cattle, and to carry on the meat packing and curing business in
all its branches, in any land lying east of Iowa street, and be-
tween. Dodge and Jones streets in the aforementioned addition
to this City; which he has already bought or uiay hereafter pur-
chase: Provided, That, in the carrying on of said business he
shall not allow filth to accumulate on said premises so as to there-
by create a nuisance.
CHAPTER IN.
AN ORDINANCE granting to the Dubuque, Bellevue and Mississippi
Railway Company and to the Dubuque and Minnesota Railway Com-
pany the right of way through the City of Dubuque.
SSG. 1. A[ust grade on each side of track. SEc. 4. City pull ce regulations.
9. Culverts and drains. 5. Company notice of acceptance.
3. Must grade street and alley.
Be it Ordained by tho City Council of the City of Dubuque
That in consideration of the performance of the conditions
hereinafter specified the right, authority and permission are here-
by granted to the Dubuque, Bellevue and ll[lissi•sippi Railway
Company, their successors and assigns, and to the :Dubuque and
.I1iniiesota. Railway Company, their successors and assigns, to
]ay dowii a single track of railway from the point where the cen-
ter line of Pine street intersects the center line of Eleventh
street in said city, thence along the center line of Pine street ie
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 and Dubuque Bridge Company to the
REVISED D CITY ORDINANCES. 197
north line of First street; thence over and across First street to
the point where the center line of the alley, between Main and
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 bound-
ary of the City, and forever thereafter maintain and use the
same fir the passage of locomotives, cars, and trains of cars, up-
on the following conditions to be performed by said companies
viz:
1st. Saideompaaries, whenever required by the city authorities
shall fill rind raise to high water mark the streets, alleys and
Highways along or over which either of them may lay such track,
and so grade the same as to afford an easy passage for carriages
and other vehicles on either side of such track, and shall keep
said track properly ballasted and the space between the rails and
to the end of the ties so graded that carriages and other vehicles
may easily pass over the same.
grid. That on each side of each street or alley at the place where
said track crosses the same, the company which may Lay down or
use the same shall construct and maintain suitable culverts and
drains that will aidmit the free passage of all water that may
flow down such street or alley.
And at the place where said track may cross Second street a
culvert of not less than than eighty-six feet in width and of suffi-
cient height to permit are easy passage of teams and wagons ]el-
der said track,
3rd. That at the place where said track may cross any street or
a11er and along the levee where such trwk may be laid, the eom-
pa lly Avliieh may lay down or rise such track shall whenever di-
rected by the city authorities so to do, at its own cost and ex-
pense, 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 manner as will afl'iird an easy passage
for wagons and other vehicles.
198 REVISED errl ORDINANCES.
4t.h. That said companies shall strictly comply with all reason-
able police regulations which the authorities of said city may es-
tablish 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 jvriting of the acceptance by said companies of the provisions
hereof; given by said companies to the Id yor of the city, and the
publication of this ordinance in the Dubuque Daily Times at the
expense of said companies.
Passed February 2. 1871..
CIIA PIER I,XVI.
AN ORDINAIN CE granting to the Dubuque & Minnesota Railway
Company the Right of Way through the City of Dubuque.
SEC, 1. Must grade streets and alleys. SEC. 3. Too C gradepcrossings. with police regulations
2. Culverts.
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 here-
by granted to the Dubuque & Minnesota Railway Company 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 -0,254 feet ; thence N. 5° 35' E.
Station 1 X 74 9-10 curve to left. (intersection angle 10 ° 14' to
Station 5 X 16, thence N. 4 ° 50' W.
Station 12 X 68 curve to left, (intersection angle 24, 52') to sta-
tion 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., foliowing 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, S thence N. 25 ° 10' E., across Cooler Creek and
running through the center of Peostaa. street.
REVISED err] ORDINANCES.
199
Station 73 X 4S, 5, curve to the left, (intersection angle 7
30' to
Station 75 X 36, thence N. 1 7 ° 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 ° 34' to
Station 93 X 33, 4 thence N. 19° E.
Station 95 X 5S, 3 curve to the right (intersection .angle 6 °
02'1 t.o
Station 98 X 59, 9 thence N. 25 ° 02' 11.
Station 100 X 58, 9, curve to the right (intersection angle 12 °
20') to
Station 104 X. 70 thence N. :36' 50' E.
Station 106 X 19, 2, curve to the left, (intersection angle 9 °
16') to
Station 109 X 28, 08 thence.N. 27° 45' E.
Station ilia X 52, 5, curve to the left, (intersection angle 5°)
to
Station 119 X. 0, 2.5, thence N. 22° 40' E.
Station 181 X 18, 7, curve to the left., (intersection. angle 16 °
5.5') to
Station 136 X 82, 6, thence N. 5° 45' E.
Station 143 X 47, curve to the left, (intersection angle 35 °
31') t.o
Station 149 X 39 thence N. 30° 05' W.
Station 152 X 89, curve to the left, (intersection angle 1.0 °
50') to
Station 154 X 69, thence N. 40° 35' W.
Statiion 1.64 X 63, curve to the let't (intersection angle 5 ° 02' (to
Station 169 X 495, thence 1. 45° 55' W.
Station 1.71 X 70, curve to the left (intersection angle 4° 01')
to
Station 173 X 70, thence N. 49 ° 15' W.
Station 178 X 05, curve to the Ieft, insection angle 9° 28' to
Station 179 X 94, thence N. 58° 45' �V., crossing the northern
boundary of the City of Dubuque at. Station 181 X 16, 5, and for-
'200 Ill -WISED CITY ORDINANCES.
ever thereafter maintain and use the same for the pa. -sage of loco,
motives, ears and trains of cars, upon the following eondit.ious,
to be performed by said Company, -viz :
lst.. Said Company, whenever required by the city authorities,
shall, at its own proper costs, so grade any street or alley through
or over which their track may be laid, (south of Eagle Point on
the south line of mineral lot 305a) so as to afford an easy pas-
sage for carriages and other vehicles on either side of said track
and shall keep said track properly ballasted, and the space be-
tween the rails and to the end of the ties so graded that car-
riages and other vehicles may easily pass over the same.
end. That on each side of each street or alley, at the place
where said track crosses the same, said Company shall construct
and maintain suitable culverts and drains that will admit the
free passage of all water that may flow down such street or alley.
3rd. That at the place where said track shall crows any street or
alley said Company shall, whenever directed by the city anthori-
ties 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 wagons and other vehicles.
4t.h. That said Company shall strictly comply with all reason-
able police regulations which the authorities of said City may
establish in relation to the running of ears on said track within
the City Limits.
This ordinance shall be in force from and after notice in writ-
ing of the acceptance by said company of the provisions thereof
given by said Company to the Mayor of the City and the publi-
cation of said ordinance in the Dubuque Daily Times, at the ex-
pense of the said Railroad Company.
Passed October 31st, 1870.
Iu
REVISSED CITY O1{DINANCES. 201
CIIAPTER LXVII.
A; ORDINANCE to prevent the fouling of sewers on Fourteenth,
D(ain and Eighth streets.
SEC. 1. Sewers closed, Bso. 3. when to be in force.
5. Not to deposit slop or garbage in
same.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. 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 there, 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 purposes,
or use or attempt to use said sewers or continuation, or any
of therm, to deposit slop, garbage, or any fluid or substance
which creates or is likely to create foulness or impurity 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 and Herald, newspapers of this
city.
Passed September fi, 1878.
(26)
202 Iall'ISEU CITY ORDINANCES REVISED CITY ORDINANCES. ACES. 203
CHAPTER LXVIII.
AN ORDINANCE gran ing the right of way to the Dunleith and Du-
buque Bridge Company for ara.ilroad across and along certain streets,
alleys, levees and public property in the City of Dubuque, and giving
the right to locate the westerly end of said bridge on the outer levee.
SEC. L Bridge company. Svc. 2. Must keep streets in repair.
Be it Ordained by the City Council of the City of Dubuque:
SEcTroN 1. That the right of way he and is hereby granted to
the Dunleith and 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 -Sallie,
as are embraced within the following limits, to -wit.: All streets,
alleys, levees, public grounds or city property lying east of a line
commencing at Railroad Avenue on the west side of the alley,
between Main and Iowa streets; thence along the west side of
said alley to Jones street; thence northerly along the west side
of Iowa street to Second street; thence to west side of inner
levee; thence along west side of inner levee to North side of
Sixth street; thence northerly along west side of Jackson street
to .Yinth street; thence along north side of Ninth street to
'Washington street; thence along west side of Washington street
to Eighteenth street; thence easterly to the main channel of the
Mississippi river; also the right to abut the westerly end of said
bridge at the outer levee between Sixth and Seventh streets, or
on either of said streets; reserving however to the City Council
the right to make all needful and useful regulations concerning
the running of trains, the speed of the same, and all other prop-
er police regulations. Provided, That the rights herein granted
to the said Dubuque and Dunleith 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 he forthwith constructed
within three years from the date of this ordinance.
Sc.E2. That it shall be the duty of said Dunleith and Du-
buque Bridge Company, and their assigns, to keep up and lmtlll-
tain in good order and repair all the crossings of the streets and
alleys in said City of Duburltle, also, to repair and restore to
good order and condition any and all sewers, curies or other pub-
lic improvements, which may be injured, damaged or destroyed
in constructing or rising said track or tracks.
CHAPTER LXIX.
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. ]. Company to lay track. SEC. 4. Track to he laid to grade.
2, where to lay. 5. Notice of acceptance.
3. To grade alley.
Be it Ordained by the City Council or the City of' Dubuque :
Sl<;ori oN 1. That permission be, and the same ishereby grant-
ed to tite Illinois Central Railroad Company-, its successors 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 ofsaid 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 and Mississippi
Railway Company, and to the Dubuque and Minnesota Railway
Company the right of way through the City of Dubuque," pass
ed February 2d, 1871, be, and the same is hereby so fin modified,
that the said Dubuque, Bellevue and _Mississippi Railway Conl
pang, and said Dubuque and Minnesota Railway Company, their
successors and assigns, shall be permitted and required to lay
their track on one side of said alley, while the said Illinois Central
Railroad Company shall lay its track, herein authorized, on the
other side of the same.
SLr. 3. That whenever required by the City Council of this
City, said Illinois Central Railroad Company 'shall, at its own
201 It,EVISEII CITY ORIDINANCES.
expense, grade the one-half of the 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 bass over the same, €!nd on each side of every street cross-
ed by its said track, shall construct and maintain suitable cul-
verts and drains, so that the free passage of water shall not be
interfered with, by the track hereby permitted, shall at street
crossings plank between the rails, and make suitable approaches
to enable vehicles to gross its track, and shall strictly comply
with all reasonable police regulations which the authorities of
this City may establish in relation 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 con-
form to such change of grade, such change of the track to be
made at the expense of the Company, and the Company to have
no claim against the City for damages because of such change.
SEC. 5. That this ordinance ~shall be in force from and after
notice in writing, of the acceptance thereof by said Illinois Cen-
tral Railroad Company, given to the Mayor of this City, and the
publication of this ordinance in the official papers of the City, at
the expense of said company.
Passed December 2d, 1874.
REtiISED CITY ORDIN A \CES.
205
CHAPTER LXX.
AN ORDINANCE authorizing and regulating the Hill Street and
West Dubuque Street Railway in the City of Dubuque, Iowa.
SEC. 1. Granting right to construct rail-S
way.
2. Upon what streets.
3. When to be constructed.
4. To keep track in repair.
5. To plank crossings etc.,
0. To hold city harmless against
claims for damages.
7. To repair all damages caused
streets.
S. To keep guards around danger-
ous places.
S. Obstructing defined and punished.
EC. 10. Right to use steam or horse power.
11. To run enough cars to accommo-
date public.
12. hates of fare not to exceed ten
cents.
13. Track to be taken up for repairs
of Streets, etc.
14. Hight of city to regulate.
10. Right of other railroads to cross.
10. Right of other Railroads to use
track.
17. When ordinance to take effect.
Be it Ordained by the City Council of the City of Dubuque
Sacriox 1. That the Hill Streetand West Dnbnque Street Rail-
way Company, their successors and assigns, be and are hereby gran t-
ed the right ancl privilege to construct, maintain and operate
over the streets of the City of Dubuque as hereinafter named:
Street Railways for carrying passengers with baggage and freight
belonging to them, for the term of twenty (20) years from
the passage of this ordinance; Provided, the Jnlien Avenue and
West Dubuque Street Railway Company surreIlder to the City
of Dubuque all the rights ou them conferred by said City, by
ordinance passed June 7th, 1876.
S.I•.c. 2. That said Company its successors and assigns may
construct, operate and maintain a single track frith such side
tracks, switches and turn -outs, as may be necessary fbr the full
convenient working and operating of said roads, upon the follow-
ing streets in the City of Dubuque, beginning on Eighth street
at Main street, running westwardly to the west side of Bluff street;
thence up Julien Avenue to Hill street; thence up Hill street
southwardly to Third street; thence westwardly on Third street
to Alpine Street; thence nortliwardly on Alpine street to Julien
Avenue; thence westwardly on Julien Avenue to Broad street;
and to construct, maintain and operate by single track with side
tracks, switches and turn -outs over and upon all other streets of
said City, on the bluffs North of Southern Avenue and west of
Bluff street out to West Dubuque, also to extend said road down
to White street on Eighth street, and on White street to the C.,
•
206 REV ISE,1 CITY 01W1N 1NcES.
D. & M. E. R. depot, and also on Iowa street from Eighth
street to the now City Hall. Said roads to be laid and operated
at the established grades of said streets, that the location of the
track of said roads. upon said streets be fixed by a committee to
be appointed by said City Council •in connection with the City
Engineer.
Sic. 3. Said Company, their successors and assigns shall
commence the construction of said road within sixty days from.
the passage of this ordinance, and shall have the said roads in-
cluding side tracks and so forth, completed from Main street to
Broad street on Julien Avenue, and in operation within six
months from the date of the passage of this ordinance, and as to
other streets and parts of streets said tracks shall be laid thereon
and the road operated within three (3) years from the date of the
passage of tllis'ordinance, and a failure to construct said railway
upon any of said streets or parts thereot within the tinges named
in this ordinance, or a failure continuously to operate said road
or roads after completion upon any of said streets or parts of
streets shall cause and be a forfeiture of all the rights and privi-
leges hereby granted to said company its successors and assigns,
as to such street or streets and part of streets, and that t]ic sane
shall reinvest in the City of Dubuque as if this ordinance had
not been passed .
Sm. 4. That said Company, its successors and assigns, shall
keep in good repair and in a cleanly condition the road bed be-
tween the rails of the different tracks, and for one foot ad joining
said rails ❑r1 the outside, at its own expense.
SEc. 5. That said Company, its successors and :assigns, shall
cause such track and tracks to be well pl€anked between and on
the outside of the rails at all street crossings, and to keep the
same in perfect repair at all times.
• Sic:. G. That said Uompany, its successors and assigns. shall
hold the said City of Dubuque free and laa.rinless from and
against all elainis for damages from the construction, operation
and management of said roads. •
REVISED CITY ORDINANCES. 207
SEc. 7, It shall he the duty of said company, its successors
and assigns to repair and make good any and all damage done to
the street curbs, gutters, sidewalks etc., by the construction and
repairing of the tracks along the streets as herein provided for,
or by the operating of said road.
Sic. S. That said company, its successors and assigns in con-
structing said road upon said streets, while the same is being
done, shall place and keep secure guards around and about all ex-
cavations, unsafe and dangerous places, made or caused in the
construction of said road, and to keep and maintain during the
night time, proper and sufficient lights at such places, and to be
liable fin! all damage from the'neglect hereof, as provided in sec-
tion six.
SEc. 9. The track of such. road as may be constructed, shall
he put down in sues a rua.nner and on such level as will be best
adapted to the use of steam or horse power, but to be construct-
ed in such a manner as to obstruct the street or streets as little as
possible, and the cars of said company shall take precedence over
other vehicles, persons or things, and if any person shall unnec-
eessa.rily obstruct or impede the running of cars on snelr track,
he shall be fined five dollars thr each offense by any proper court
or justice of the peace, having jurisdiction in the case.
SEC. 10. The said company shall have the right and privilege
to use steam or horse power in operating the roads, the right of
which roads is in this- ordinance granted.
Sicc. 11. It shall be the duty of such railway company, its
successors and assigns, to furnish and run a sufficient number of
cars to accommodate the traveling public. .All ears should carry
signal lights :11-'ter dark.
SEa. 12. 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.
208
BE V I$PI1 CITY ORDINANCES.
SEC. 13. The City of Dubuque reserves the right to take up
and remove the rails of said road, whenever it shall be necessary
for the repair rind improvement of the streets, or for laying water
or gas pipes, or sewers, or for other public purposes on the streets
on which such rails may be laid, and such repairs and inlprovt-
rr elits 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.
Src. 14. The City Council hereby reserves the right to snake
all necessary and usual police regulations concerning the opera-
tion and 1nanagement of said street roads, during the continu-
ance of the rights and privileges hereby granted.
SEC. 15. 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, un-
der the authority of this ordinance.
SEC. 16. Should any other company at any future time from
this date, construct, operate and maintain a street railway over
and along Julien Avenue in such city, such other person or com-
pany so constructing, operating and maintaining said railway
along Julien Avenue, shall have the right to use jointly mud sub-
ject to just and reasonable regulations with the grantee herein,
the track of the hill street and West Dubuque Street Railway
Company, from the intersection of Hill street and Julien Avenue
to Main street, Provided, as a condition precedent to the use
of said track from Hill street to ?Main street, the person or com-
pany operating and maintaining such railway onand along Julien
Avenue, pay in cash to the grantee herein, one-half of the cost
price of building and constructing, including materials of said
tracks so used as above described, and shall thereafter pay one-
half of the expenses of keeping the track so used in proper re-
pair and condition, also subject to time table, to be fixed by the
Hill Street & West Dubuque Street Railway Company.
SEC. 17. That this ordinance shall be in force from and after
REVISED CITY ORDINANCES.
209
its publication in the official papers of the city, and the notice of
the acceptance thereof, by said Hill Street and West Dubuque
Street Railway Company, its successors or assigns, shall be given
to the Mayor of this city.
CHAPTER LXXI.
AN ORDINANCE to regulate the running of railroad trains and en-
gines and to prevent unlawful interference with the cars, switches
and other property of railroad companies in the City of Dubuque.
sc. 1. Speed not to exceed six miles au SEC. 5. Interference with punished.
hour. G. Getting on or off while in motion
2. Bell to be rung constantly. punished.
3. Not to obstruct crossings. 7. Mayor may appoint employees as
4. Violation of this ordinance pun- specialpalicemen.
ished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That no railroad train or engine, with or without
('are attached, shall be 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 caliae the bell to he rung constantly
while such engine is in motion.
Si;c. 3. That no railway company, nor any officer or employee
thereof, shall allow any engine, car or train, to stand on the cross-
ing of any street within the City, in such manner as to obstruct
the passage of teams, or persons passing on foot, over such rail-
road track, longer than five minutes at any one time.
SEC. 4. That any engineer or other person in charge of an en-
gine, who shrill violate the first or second sections of this ordin-
ance, and any officer, conductor, engineer, agent, or employee 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 employees, shall violate the provisions of this
ordinance, shall forfeit and pay for each. offense a penalty of
twenty-five dollars to be recovered iI: any court having jurisdic-
tion thereof.
(27)
?10 REVISED CITY ORDINANCE'S
SEG. 5. That any person not authorized so to rho, who shall
meddle with or in any manner interfere with any railroad 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.
Sc.E6. That any person not an employee of such company,
or an officer of the law, who shall at any place in said City, other
than the established depots, get on or off any engine, 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 im-
plied of the person iii charge of sueh engine or ear, shall be sub-
ject to a fine of not less than one nor more than twenty dollars.
Sic. 7. The Mayor or of said City may appoint as special police-
man for said City, (without -pay) any watchman employed by
any railroad company in said City; and such watchman after
being first duly sworn in by the Mayor, shall have full power
and authority, with or without a warrant, to arrest and bring
before the proper tribunal any person found violating any pro-
vision of this ordinance.
CHAPTER LXXII.
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 1. The hill dress for all members of the Dubuque
City police, for winter wear, shall be of navy blue cloth, pure in-
digo dyed, and all wool.
DRESS COAT.
SEo. 2. Marshal —Shall be a double breasted frock, buttoning
close up under the chin; the waist to extend to the top of the
REVISED CITY ORDINANCES. 211
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 distance, 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 halt' inches deep, and to button with
three small gold gilt police buttons at the -under seaairi; 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 f'onr 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.
SF:c 3. For Captains and Deputy -Marshal, the same as for
the Marshal.
SEC. 4. Patrolmen and all other members of the force, the
some as for the Captains, except it shall be single breasted, 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 en the seam.
PANTALOONS.
SEC. 5. The pantaloons shall be made for all members of the
furne alike, and plain, with one hip pocket in addition to the or-
dinary pockets.
VEST.
SEC. 6. The west shall be made alike for all members of the
force; single breasted, buttoning high in the neck, with standing
collar, and eight small buttons placed at equal distances.
NECK TIE.
SEo. 7. All members of the force shall wear black silk ties.
CAI'S.
SEC. 8. Saine as used by Chicago City Police, Philadelphia
R12 REVISED CITY ORIIINANCES.
pattern, for ail members except Marshal, Deputy and Captain,
which shall be distinguished from the others by bands of gilt
lace five -sixteenths of an inch wide at the base.
OvJRWO AT.
SEC. 9. 1''or Marshal —Shall be double breasted, buttoning
close up under the chin, with turn -over collar of blue black silk
velvet, the waist shall extend to one inch below the top of the
hip, and the skirt to three inches below the bend of the knee, and
all edges shall be swell, and sticlled 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 dis-
tance 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
behind in each skirt; the body of the overcoat shall be well wad-
ded, and the body and skirt lined with a light weight dark col-
ored kerseytnere or its equivalent, and the sleeves lined with
heavy light colored silesia.
Sec. 10. 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.
SEC. 11. The full dress for all members of the Dubuque
City Police, for summer wear, shall be navy blue blousing, pnre
indigo dyed, and all wool.
COAT.
SEC. 12. For the Marshal, Deputy Marshal 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 in-
side 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 gold gilt buttons on the breast, placed at
REVISED CITY ORDINANCES. 213
equal distances, and three small gold gilt police buttons on the
under seam of each cuff. The hody of the sack shall be limed
with black Italian cloth and the sleeves «Title light colored silesia,
shall be made without wadding.
SEc. 13. For the patrolmen and all other Inelnhers of the
force, the salve as for the Marshal, except the collar will he 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. 14. For all members of the force alike, and to corres-
pond in style and pattern with those prescribed for winter wear,
except the Marshal and Captains may wear a vest of white linen.
NECK 'nE.
SEC. 15. For all members of the force the salve as prescribed
for winter wear.
INSIGNIA AND MANUAL.
SEC. 16. The star, buttons and book of rules and regulations
club and belt, will be furnished by the City, at the office 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 Mar-
shal at once, whenever any member shall sever his connection
with the force, in as good condition, natural wear and tear excep-
ted, as when received; and all members of the force will be re-
quired to pay for the loss or damage to same, which. may arise
front their own wilfulness or neglect.
THE -FARING OF UNIFORM, INSIGNIA AND EQUII'MEN'I'S.
SEC. 17. All nletnbers of the force will wear the prescribed
uniform at all tinges w1.en on duty, or when appearing in public,
unless especially authorized by the 14iarslial to appear ill citizen's
dress, anct when on duty the coat shall always be buttoned.
SEC. 18. TIIe prescribed belt, club and star, will always be
worn when on duty, but at no other three; and the star will al-
ways be carried about the person when off duty.
214 REVISED CITY ORDINANCES.
SEO. 19. The star will be worn outside on the left breast,and
the belt outside also, with the club in the frog.
Sro. 20. No inember 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 sumrner dress,
and vice versa, will be designated by the Marshal.
SEo. 23. All members of the force will ire required to have
their clothing made by the tailor selected by the committee on
police, the price of wliiclr having first been made a subject of
competition will be designated by the committee, and of cloth
selected, also the material for all suits selected by the same.
SEC. 24. All members shall be required to pay for their uni-
forms.
CHAPTER LXXIII.
AN ORDINANCE to prohibit blasting within the city limits.
SEC. 1. Prohibited without permission. SEC. t. Penalty.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. That it shall be unlawful for any person to blast
rock witliin the corporation limits of the City of Dubuque, with-
out first having obtained permission of the committee of the
City Council on streets so to do; and after such permission is
granted the work shall be done under any restrictions imposed
by the street committee, and it shall be the duty of said commit-
tee and they are hereby authorized, if in their opinion the furth-
er continuance of such blasting would be dangerous to life or
property, to notify such person or persons to discontinue such
work.
SEO. 2. Any person blasting rock within snch limits, or con-
tinuing to blast rock after being notified by the committee on
1■
■
!: EV] `-r ]D CITY ORDINANCES.
215
streets to discontinue the same, shall be punished by aline of not
more than one hundred dollars in each case.
CHAPTER. LXXIY.
AN ORDINANCE to regulate the manner that conductors to eave
spouts shall be constructed on buildings,
SEC. I. I-Iow to be constructed, SEC. 3. Violation of punished.
2. Marshal to give notice.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That all conductors of water from the eave spouts
that discharge into the alleys or streets, on buildings now con-
structed, or to be hereafter constructed, shall extend to within
one foot of the ground, with an elbow at the Iower end, and a
stone or hard brick of sufficient size placed so that the water dis-
charged through said conductor will be received on said stone or
brick.
Ste. 2. The Marshal shall give notice to the owners of all
buildings now built when known, to the occupants when the
owners are unknown, to construct their said conductors so as
to conform to section one of this ordinance; and if not made to
conforrn 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 conduc-
tors from said eave spouts shall be constructed as required by
this ordinance, and for any failure to so comply the owner shall
be liable to a fine of ten dollars, and one dollar fine in addition
tbr each day he so neglects to comply •with the requirements of
this ordinance, and the costs of prosecution.
216 REVISED CITY ORDINANCES.
CHAPTER. LXXV.
AN ORDINANCE granting the right to generate and distribute steam
by means of pipes under ground.
S1:c. 1. Right granted to Dubuque Stearn Svc. 3. Company liable for damages.
Supply Co. 4. Council to regulate.
E. To repair damages. 5. Rights not exclusive.
Be it Ordained by the City Council of the City of Dubuque :
SECTION. 1. That the right and privilege be, a ucl the same is
hereby granted, to the Dubuque Steam Supply Company, of the
City of Dubuque, their successors and assigns, to lay under-
ground, maintain and keep in repairs in any of the streets or al-
leys in said city, pipes or conduits for the transmission or con-
veyance of steam. from a central point or location in said city, to
such other points or places therein as may be deem -led desirable
by said company.
SEC. 2. It shall be the duty of said Dubuque Steam Supply
Company to repair any and all damages that may be done to any
of said streets or alleys, or to the curbs, gutters or 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 con-
dition on account of anything done by said company in the sub-
sequent use, repair or re-laying of said pipes or conduits.
SEC. :3. That said company shall be liable for all damages con-
sequent upon the constructing and operating of said works to
any person suffering the same.
SEc. 4. That said company shall be subject in the operating
of said enterprise in every respect, to all regulations and restric-
tions that the City Council may by ordinance establislt from.
time to time.
SEa. 5. The rights and privileges by this ordinance given to
said company shall not be exclusive.
Sia. G. This ordinance shall be in force from and after its
passage and publication in the official papers of the city.
REVISED OITY ORDINANCES. 217
And the expense incurred by said publication shall be paid by
the Dubuque Stearn Supply Company.
Passed June 2, 1 5 i 9.
CIIAPTER LXXVI.
AN ORDINANCE to regulate the sale- and inspection of Kerosene
Oil, ete.
SEC. 1. Oil to be inspected. SEC, 8.
x. Inspector Appointed. U.
3. Duty of Inspector. 10.
4. To mark approved or condemned. 11.
5. To keep record. 12.
6. Compensation.
7. When to inspect. 13.
Penalty for fraud.
Soiling Interior Oil punished.
Obstructing Inspector Punished.
Eufolcement of tines.
Wholesale Dealers to report sales
monthly to Inspector.
Refusing to report punished.
Reit Ordained by the City Council of the City of Dubuque:
;'F:I•riON 1. it shall he unlawful for any person or persons to
;c11, keep ts.ir sale, or offer fiir sale any oil, kerosene, petroleum,
burning fluid, or other fluid intended for the purpose of illumina-
tion. Except such oils or fluids aforesaid, as are brought to said
city for shipment and shipped therefrom, and not sold therein for
consumption, or to dealers in and sellers thereof doing business
in said city, without first having the sable inspected as to quality
and pleasured as to quantity.
Sr:r. 2. The City Council of the City .of Dubuque shall, at
its first regular meeting ill the month of April in each and every
year, or as soon thereafter 175 convenient, appoint a suitable and
cvinpetent citizen to act as inspector and measurer of the oils and
illuminating, fluids meiltioned in the first section thereof; who
shall give good and sufficient bond for the faithful performance
of his duty- as such inspector and measurer to the State of Iowa,
in such a sum and with such sureties as may be fixed and ap-
proved by said Council, with the right of action thereon to any
person who may be aggrieved by the miscondiict or neglect of
such inspector or measurer.
Si:C. 3. Said inspector or measurer shall inspect and meas-
ure all oils and illuminating fluids, named in the first .section
]hereof, with reasonable dispatch by applying the proper fire test
(28)
21S ItEti rsF;I] CITE: ORDIN ANCEs
thereto, in quantities not less than one pint, as indicated and de
ternrincd by some accurate instrument 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.
SEc. 4. If the oils and fluids so tested will not ignite or ex-
plode at a temperature less than one hundred and fifty degrees
Fahrenheit., to be ascertained as aforesaid, said inspector 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 li.rnidred and fifty degrees," or
more as the same may prove, witli the number of gallons therein
contained. If the salve does not prove to be one hundred and
fifty degrees, as aforestated, said inspector shall mark- on each
cask, barrel, tank, or package so tested, "Condemned for illumi-
nating purposes, fire test being degrees," as the salve nia.,F
prove less than one hundred and fifty degrees Fahrenheit.
SEo. 5. Said inspector shall keep a record of all inspections
and measures made, as hereinbefore designated, and enter the
same 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
ofhis office, said inspector and measurer shall turn the same over
to the clerk or recorder of said city.
SEC. Ei. For the performance of the foregoing duties said in-
spector and measurer shall receive a compensation of five cents
for each cask, barrel, tank or packages so tested, the owner or
holler 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.
SEc. 7. Said inspector and measurer shall not be required to
inspect or measure any of the oils or illuminating fluids men-
tioned in the first section of this ordinance until the same has
REVISE.]? CrrY OEDINANCEs. 219
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 paokage, 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 hold-
ing the office of inspector and measurer, shall be guilty of a mis-
demeanor, and upon conviction thereof, shall be punished by a
fine not exceeding one Hundred dollars, including costs of prose-
cution, or imprisonment not exceeding thirty days; and shall be
liable to the party injured individually, 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 and fifty degrees, Fahrenheit, as provid-
ed in section four of this ordinance, or who shall use any cask,
barrel, tank or package with the inspection brand or mark there-
on, the oil or fluid therein contained not having been so inspect-
ed, or who shall counterfeit any such inspector's brand or /nark,
shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by a, fine not exceeding one hundred
dollars. including costs of prosecution, or imprisonment not ex-
ceeding thirty days.
SEn. 10, Said inspector shall have the right at all times to in-
spect and reinspect any and all the oils named in the first section
hereof, whenever in his judgment the public safety and the faith-
ful execution of this ordinance requires, but shall make but one
charge for said inspection and measuring; and any person or
persons refusing said inspector to 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 exceed-
220 REViElb:v CITY ORDINANCES.
ing one hundred dollars, including costs, or thirty day's im-
prisonment.
SEC. 11. Upon the non-payment of any tine or penalty by
the defendant against whore the same is rendered, the court1hav-
ing cognizance of the case shall imprison the defendant or de-
fendants until the said fine and penalty are paid.
SEC. 12. That every manufacturer or refiner of such oils aiul
fluids as are named in the first section of this ordinance, or deal-
er in or seller u# the same in wholesale quantities of one barrel or
Bask, 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 tigures, and verified by the oath of
such manufacturer, refiner, seller or dealer, showing the names
of the person or persons and the quantity to whole sold, and the
quantity in gallons, barrels or casks sold by him in said city dur-
ing 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.
SEC. 13. Any manufacturer, refiner of; dealer in or seller a#'
such oils or fluids, who shall refuse to render the statement pro-
vided for herein, and in manner and form, and at the time here-
in specified, shall be deemed guilty of a misdemeanor, a.iidl upon
conviction thereof, shall he fined not exceeding twenty-five dol-
lars or less than five dollars, with cost of prosecution.
CHAPTER LXXVII.
AN ORDINANCE concerning drains and sewerage.
Scs, 1. Surface water not to be obstructed. BFC. 4. Council may remove commis-
'ra. Power of city council, sinners.
S. Council may confirm acts of coin- 5. To apply to land obstructed pre-
missionors. vim's to March Nth, iSTe.
U. When to tale efreet.
Be it Ordained by the City Cotsacid of the City of Dubuque :
SECTION 1. The owner or lessee of any tract of ground extend -
REVISED CITY ORDINANCES.
??I
jug 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 gradinri or filling such lot or tract of ground,
obstruct the flow of water, throug]i such water courses, is Hereby
required to construct t.lirougli such lot or lands, such a drain or
passage way for water, as the Council may designate, and it' said
owner or lessee shall fail to construct such drain or passage way,
within the time fixed by the Council, the City shall construct
such drains at the expense of t.lie owners, and assess the cost
thereof on the said lots or tracts of ground, and such costs shall
be levied in the same way as special assessments, and subject to
the same penalties and conseslnences for delinquency.
SEC. 2. Whenever a water course passes through the property
of any person or persons, and, in the opinion of the City Coun-
cil, it is necessary to enlarge and straighten the same, and con-
demn, and appropriate private property for that purpose, the
stone course of proceeding shall be pursued to condemn and ap-
propriate the same as is authorized and required in condemning
and appropriating private property for streets and alleys.
147lienerer any damages are claimed by the owner or owners of
such property, who appear at the proper time and place to claim
the salute, such damage shall be assessed by three commissioners,
who shall he disinterested free -holders, to be appointed by the
City Coiuicil. They shall, before entering upon their dnty, be
sworn to execute the saute, according to the best of their ability.
Before said commissioners enter upon their duty, the City Coun-
cil shall cause notice to be given, which notice shall be signed
by the commissioners, and published for three weeks in the
oflic.ial 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 theist shall have
power, in the presence of the others, to administer an oath or
oaths to any witness to he oxalnined before them.
Six:. 3. When the appraisemeilt shall be completed the com-
missioners shall sign and return the same to the City Council
229. REVISED CITY ORDINANCES.
within thirty days of their appointment. The City Council
shall have power, in their discretion, to annul or confirin the ap-
l.)raiselnent, and if annulled, all proceedings shall be void, but if
confirmed, an order of confirmation shall be entered . Any per-
son interested may appeal from the order of confirmation to the
Circuit or District Court of the County, by notice in writing to
the Idayor. at any time before the expiration of twenty days
after the order of confirmation. tlpon 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 pro-
ceediligs incurred prior to the order of the City Council, con-
firming or annulling the appraisement shall in all cases he 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 unable
frurn any cause to serve.
SEo. 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 30th day of March, A, D. 1876, may have ob-
structed any such drain or water course, as in this ordinance
mentioned, as wellas to those who have obstructed the same since
that time.
SECS. 6. This ordinance shall be in force front and after its
passage and publication in the official papers of the City.
REVISEII CITY ORDINANCES. 2`?3
CHAPTER LXXYIII.
AN ORDINANCE prescribing the rules and regulations for the laying
and using of drains, connecting with the public sewers, in the City of
Dubuque.
svc. 1. Ownexs must get permit. SEC. 15.
2. To give twenty-four hours notice 16.
before street can be opened,
3. No pipe to be extended until no- 17.
teeis given.
4. Permit muSt1ie in hands of drain
layer.
5. Who may do the work.
6. Must Me bond.
7. Must notiallow bis nameto used by
others.
8. Where material must be placed.
11, Sheeting and braces to be used.
10. Pipes and materials must be In-
spected.
11. Size of pipe to be used.
12. End of pipe to be guarded.
13. Size of catch basins.
14. Catch basins not to be built on
streets.
How pricy- vaults must be built.
Drains to be loft smooth and
clean.
How new connection is to be
made..
18. How drain pipe must be laid.
19. Streets must be left as good as
ever.
20. Must put up barriers to prevent
accident,
2I. Certain questions to be determin-
ed by the engineer.
22. Drains not to be connected with
boilers.
Drains according to regulations.
24. Information to be given drain
layers.
25. How changes are to be made.
26. Drain lavers to be suspended net
less than thirty days.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. Applications for permits to connect with sewers
must be ]made by the owners of the property to be drained, or
■ their authorized agents, and host be accompanied by a clear de-
scription of the premises, and the drains required, together with
the water closets, sinks, :lad other futures to be connected withh
the saute, so that said description may be Ief't on tile in the office
of the drain layer.
SEC. 2. At least twenty-four hours notice must be given at
the office of the City Engineer, before any street or public way
can be opened for the purpose of laying a private drain. Should
the drain ]ayer be prevented by bad weather, or any other good
cause, from executing the work at the time notified, he is requir-
ed to report the filet to the engineer forthwith, and appoint an-
other time for doing the work.
SEC. 3. No drain pipe can be extended, from work previously
done and accepted, or new connections of any kind be made
with such work unless previous notice of at least twenty-four
Hours is given to the Engineer.
SEC. 4. No work of laying drains can be commenced or con-
i
224 REVISED CITY ORDINANCES.
tinned, without the permit is on the ground, in the hands of the
drain layer, or of one employed by him.
SEC. 5, The party appiying for license to lay drains must re-
side in the City of Dubuque', be of an age of twenty-one years,
and at the time of application must furnish the City Council
with a satisfactory evidence of his .kill and ability to perform
said work.
SEC. 6. On or before the time of receiving a license the party
applying therefor, shall file a bond in accordance with the form
prescribed by said City Council.
SI.o. 7. No drain layer shall allow his name to be used by
any other person or party, either fbr the purpose of obtaining
permits, or doing any work under his license.
SEC. 8. In opening any street or public way, (till materials for
paving or ballasting must be removed with the least possible in-
jury or loss of the same, and together with the excavated mater-
ial for the trenches, must be placed where they will cause the
least practicable inconvenience to the public. As little as possi-
ble of the trench must be dug till the junction piece is found,
unless it is first determined to snake a new opening into the
sewer.
SEC. 9. Whenever the sides of the trenches will not stand
perpendicular, sheeting and braces must be used, to prevent
unnecessary caving.
SEC. 10. No pipes or other materials for the drains can be
used until they have been examined or approved by the (lity
Engineer, or by one of his assistants, or by a duly authorized
inspector.
SEc. 11. The least inclination that can be allowed for water
closets, kitchens, and all other drains, if not over six inches in
diameter, liable to receive solid substance, is one-half inch in
two feet, and for cellars and other drains, to receive water only,
one quarter inch in two feet. All drains to be laid at a grade of
not over one-half inch in two feet, between the sewers and side -
REVISED CITY ORDINANCES.
walks, the grade to be continued from the sidewalk or enrb stone
to all connecting catch basins, at one half inch in two feet, un-
less written permission is first obtained from the owner to raise
such grade.
SEC. 12. The end of all pipes, not to be immediately connect-
ed with water closets, sink down spouts, or catch basins, are to
be securely guarded against the introduction of sand or earth, by
brick or cement, or other tight or imperishable material.
SYc. 13. All pipes, that must be left open to drain cellars,
areas, yards, or gardens, must be connected with suitable catch
basins of brick, the buttorrrs of which must not be less than two
and one half feet, below the bottom of the outlet pipe, the diam-
eter not less than three feet, and the t'orin and construction of
which shall be prescribed by the City Engineer. When pack-
ing houses, butchersliops, lard rending establishments, hotels
and eating house are conected with the sewers, the dimensions
of the catch basins will be required of a larger size, according to
the circumstances of the case. When the end of the drain pipe
is connected with a temporary wooden catch basin for draining
foundations during the erection of buildings, the drain layer
will be held responsible, that no dirt or sand is carried into the
drain or sewer from such temporary catch basin.
SEE:. 14. No catch basin can be built, in the public street,
but must be placed inside the line of the lot to be drained, ex-
cept when the sidewalks are excavated and used as vaults.
SEC. 15. No privy vaults can be connected with the sewers,
except through an intervening catch basin, and the discharge
pipe of the vault must be high enough above its bottom to
effectually prevent anything but the liquid contents of the vault
from passing into the drain.
SEC. 16. The inside of every drain after it is laid must he
left smooth and perfectly clean throughout its entire length.
Sim. 17. In case it shall be necessary to connect a drain pipe
with a public sewer, where no ,junction is left in the public
(29)
276' REVISED CL'I'T OILDIN). 1.iES
sewer, the Iiew connection with the public sewer can only be
made by an employee of the City, or when the City Engineer is
present to see the whole of the work done.
SEC. 18. Whenever it is necessary to disturb a wooden drain
in actual use, it must in no ease be obstructed without special
direction of the Engineer. No pipe drain can be laid above the
bottom of a wooden drain, whether in actual use or not. Unless
the pipe is made to rest on paddled earth, brick or stone, in no
ease will it be allowed to let drain pipes rest on wood or other
perishable material.
• SEC. 19. The back filling over drains, after they are laid,
must be paddled, and together with the replacing of ballast
and paving, must be done so as to make them at least as good as
they were, before they were disturbed, and to the satisfaction of
the committee of the City Council on streets, and the drain layer
will be held responsible for any subsequent settlement of the
ground. All water and gas pipes must be protected from injury
to the satisfaction of the companies.
SEC. 20. Every pipe layer licensed by the said City Council
must enclose any opening, which he may make in the public
streets or alleys, with sufficient barriers, and moat maintain the
same at nights, and other necessary precautions to guard the
public effectually front all accidents, from the beginning, to the
end of the work, and can only lay drains on condition that he is
to be held liable for all damages that may result from his neglect
of any necessary precautions against accidents to persons, horses,
vehicles or property of any kind.
SEC. 21. In case a water or gas pipe should coine in the way
of a drain, the question of passing over or under the water or gas
pipe, or of raising or lowering it, must be determined by the
Engineer, and in no case can the pipe layer be allowed to decide
the question himself.
SEc. 22. No exhaust from steam engines can be connected
with the public or private drains, and no blow -oil' from the steam
REVISED CITY ORDINANCES. 227
boilers can be connected without special permission t'roni the
City Council and the City Engineer.
SEc. 23. Drains laid within the city lilnitsin and from houses
on streets, where no public sewers are yet laid, must be done ac-
cording to the above regulations in every particnlar except that
no permit is required for the same, until the connection is made
with the sewer. Twenty -lour hours notice roust be given of the
intention to lad- such dram!.
SEc. 24. Such information as the City has, with regard to the
position of junctions, will be furnished to drain layers, but at
their risk as to the accuracy of the same
SEC. 25. When any change of direction is made in the pipe,
either in a horizontal or vertical direction, curves must be used.
No pipe can be clipped in any case.
SEC. 26. When a drain layer is suspended for a violation of
this ordinance. the suspension shall not be for less than thirty
days, unless the charges shall be proven unfounded. Mistakes
of employes will not be sufficient excuse to exonerate the drain
layer from suspension, he will be held strictly accountable to the
City Council for all their acts.
CIIAPTER. LXXIX.
AN ORDINANCE to provide for the construction, repairing
maintaining of Public Sewers, in the City of Dubuque.
SEC. 1. Work to be done by Resolution of SEC. 10.
Council. ]1.
2. City Engineer to prepare plans. 12.
Li. Recorder to advertise for bids. 18.
4. Contract with lowest bidder. 14.
5. Street Committee to examine 15.
work. 16.
6. when orders to be drawn. 17.
7. Duty of City Engineer.
8. Abutting property to be assessed 18.
pro ratrt.
9. Exceptions.
and
Exceptions.
Special Tar to be leried.
Duty of Recorder.
Doty of Auditor.
Duty of Treasurer.
Sale of property.
Sale continued.
Treasurer governed by ordinance
of March II, 1874.
All ordinances in conflict repeal-
ed.
Be it Ordained by the City Council of the City of Dubuque:
SECT1oN. 1. That whenever it shall be deemed by the City,
Council expedient to construct a sewer in any of the public
29;3 REVISED CITY ORDINANCES.
streets, alleys, highways or public landings, or any part thereof
the Council shall by resolution order the salve to be done, and
over and along what streets, :alleys, highways or public landings;
Provided, that no sewer shall be constructed except the salve be
ordered to be done by the affirmative vote of two-thirds of the
Council.
Sze. 1 The resolution, ordering the construction of any sew-
er specified in the foregoing section, shall also direct the CJity
Engineer to prepare the proper plans and specifications for con-
structing the salve, and said Engineer shall forthwith prepare the
same and submit them to the Committee of the Council on
Streets, and if the same be approved by the said committee, they
shall be filed in the office of the City Recorder, it shall be the
duty of the said Engineer to prepare estimates: of the cost
of the proposed sewer, and file the same with the Recorder,
for the inspection of the City Council.
SEC. :3. That as soon as said plans and specifications are filed
in the office of the City Reeurder, he shall, without further or-
der from the City Council, give public notice by an advertise-
ment of at least five days in the official paper of the city, that at.
the next regular session of the City Council, bids will be re-
ceived by the said Council, for doing the work according to such
plans and specifications.
SEC. 4. At the next meeting of the Council at which bids
are to be received, such bids shall be opened and the contract en-
tered into with the lowest responsible bidder, and bonds with
surety for the fitithful performance of such work shall be re-
quired to be given by the contractor; Provided that all bids fur
such work may be rejected by the Council if by them thought to
be exhorbitant, and new bids ordered, and Provided, that such
work shall be done, under the direction and supervision of the
City Engineer.
SEC. 5. That as soon as practicable after the time specified
in the contract within which the improvement is to be completed,
the Committee of the Council on Streets shall make an exalni-
■
REVISED CITY ORDINANCES. 929
nation of the work, and if the same be not completed or done in
the manner provided in the contract, said committee may direct
the Commissioner of Streets to complete the same in the manner
provided in the contract, and the expense of completing the salve,
shall be deducted from whatever money may be corning to the
contractor, under his contract, or.said committee may report the
case to the City Council for their action, and if the said com-
mittee find the work completed in accordance with the contract,
they shall so report to the City Council for their action or ne-
ceptance of the same.
SEC. f). Tliat as soon as said work has been completed to
the satisfaction of the City Council, they shall cause orders to be
drawn on the City Treasury in favor of said contractor for the
amount of such contract due the contractor for such work.
Svc:. T. It shall be the duty of the City Engineer to keep
a complete record of all sewers constructed. such record must
show the location and profile description of the saiile accompa-
nied with a plat giving the description, frontage and area of all
lots, parts of lots, or lands abutting on such. streets, alleys, high-
ways or public landing, together with the €amount of tax assess-
ed to each lot, part of lot, or land as hereinafter pointed out, and
the name of the owner of each, if known, a duly certified copy
of which shall be submitted by the Engineer to the City Council,
immediately after the approval of the work by the Committee of
the Council on Streets. IIe shall also keep in his office a record
of the correct locations of all eateli basins, roan -holes, sewer and
drain junctions, and all other appurtenances to such sewers, for
future reference.
SEe. 8. As soon as the said work has been approved a.ncl ac-
cepted, the City Council shall by resolution assess upon all such
lots, parts of lots, or lands abutting upon that portion of any
street. alley, highway or public landing, in which said sewer has
been constructed, at the rate of seven and one-half mills for each
square foot of area for the full depth of Buell lots, parts of lots,
or lands unless the same exceed one hundred and fifty feet in
230 REVISED CITY- ORDINANCES.
depth, and at the rate of fifty cents for each front foot of such
lot, parts of lots or lands, except wheh'e the same are situated at
the corner or intersection of two streets, alleys, highways or pub-
lic landings, or at the intersection of any two of the above men-
tioned Highways, and have been assessed upon their area, and
frontage as specified above, for the expense of constructing a
sewer iu one of such streets, alleys, highways or public landings,
and should a sewer be constructed in the other street, alley, high-
way or public landing, such lots, parts of lots or lands shall be
assessed upon their frontage, for the construction of such sewer
sufficient to equal a frontage tax on one-half of the full frontage
of such lots, parts of lots or lands on both sides of such streets,
alleys, highways or public landings, unless such lots, parts of
lots or lands shall have a frontage on such streets, a.11cys, high-
ways or public landings in excess of fifty-two feet on one, and
one hundred on the other, of such streets. alleys, higliways or
public landings, in which case such lots,. parts of lots or lands
shall be exempt from paying a frontage tax on seventy-five feet.
No exemption however, shall be made from the frontage tax on
that part of the lots, parts of lots yr lands abutting on such
street, alley, highway or public 1alitding in which said sewer shall
be first constructed, unless the remaining frontage of such lots,
parts of lots or lands is less than the required exemption of sev-
enty-five feet. In no case shrill any lots, parts of lots or lands
embraced within the boundaries above defined, the subject to but
one tax upon their area.
SEC. 9. In ease any lots, parts of lots, or binds, abut upon,
or are hounded by the three streets, alleys, Highways, or public
landings, or any of the three above mentioned highways, and
have been assessed for the expense of constructing sewers in two
of such streets, alleys, higliways or public landings in accord-
ance with the foregoing section of this ordinance, and should a
sewer be constructed in the third street, alley, highway or pub-
lic landing, and such lots shall be assessed for constructing such
sewer, fifty cents for each front foot on one-fourth of such front-
age, except such frontage exceeds one hundred feet, in which
REVISED CITY ORDINANCES. 2.31
case, all frontage in excess of one hundred feet, shall be assess-
ed fifty cents for each front foot.
SEC. 10. When any lots, parts of lots, or land are situated
between two parallel streets, alleys, highways or public landings
or any two of the above mentioned highways, and not at the
corner or intersection of the same with another street, alley,
highway, or public landing, and the distance between the bound-
ary lines of such streets, alleys, highways or public landings,
s11a11 not exceed one hundred and fifty feet, and where such lots,
parts of lots, or lands have been assessed in accordance with sec-
tion eight of this ordinance, for the expense of constructing a
sewer in one of such streets, alleys, highways or public landings,
and should a sewer be Constructed in the other street, alley, high.
way or public landing, such lots, or parts of Iots, or ]ands slhouldl
be assessed at the rate of fifty cents per front foot on one fourth
the frontage of the salve on such street, alley, highway or public
Ianding.
• SEC. 11. As soon as practicable after the work shall have
been accepted by the City Council, they shall by resolution Ievy
a special tax on the several lots, parts of lots or lands abutting or
adjoining on any portion of any street, alley, highway or public
landing, in which said sewer has been constructed, in accordance
with, and for the amount of the assessment as made by the City
Council, which said tax and assessment shall be a Tien upon the
lots, parts of lots, or lands, so assessed and taxed. The resolution
by which such tax is levied shall specify the name of the street,
the number of the Iot, and the amount of tax Ievied on each.
Six. 12. The City Recorder shall without delay after the pas-
sage of the resolution of the City Council levying a tax, make
out and deliver to the City Anditor, a duly certified copy of
such resolution, and take his receipt therefor, which he shall file
and preserve in his office.
Sac.13. The City Auditor upon receiving a certified copy of
such resolutions shall forthwith enter upon the special assess-
ment book kept by the Treasurer. the special tax so levied by the
232 REVISED CITY ORDINANCES.
City Council, and shall charge the Treasurer therewit]i. Such
special tax 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, parts of lots or lands from the time of the
assessment.
SEC. 14. It shall be the duty of the Treasurer forthwith after
the levy, to give notice by one publication in the official papers
of the City, that such tax has been levied, describing the street,
alley, highway or public landing, in which such sewer has been
constructed, and lots on which the levy has been made, and stat-
ini. in such notice, that such tax is due, and payable without any
further notice or de/nand, and if not paid within thirty Clays
after the publication of said notice, they shall become delinquent,
and shall bear interest at the date of ten per cent. as a penalty
for non-payment.
SEC. 15. If such tax is not paid within thirty days from the
time of such notice, named in section fourteen, then the City
Treasurer is required, atter giving, notice thereof for three con-
secutive weeks in one of the newspapers published in the City of
Dubuque, the last of which shall be ten days before the day of
sale, at a special tax sale called therefor, shall proceed to se11 at
public sale at ten o'clock A. 34., 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
by ordinance in case of sale made for non-payment of the gener-
al annual taxes of the City, with the name interest torteitnres
and penalties, and on such sale a certificate of purchase shall be
executed to the purchaser or assignee, as in case of sale made
for non-payment of the general annual taxes, and at the expira-
tion of the time for redemption, if none is .lade, a deed shall
then be executed to the purchaser or assignee as in case of sale
made for non-payment of the general annual taxes. The Treas-
urer shall charge and collect in addition to taxes and interest
twenty cents on each lot, part of lot, or land advertised for sale
REVISEn CITY 0IL1INANC1 s.
233
herein which shall be paid into the Treasury to pay costs of the
publications.
SEC. 16. The Treasurer shall continue the sale ti•oin 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 he
sold separately, and the person who offers to pay the taxes due
on any parcel of land for the smallest portion',of the same is to
he considered the purchaser.
SEE,.. 17. The Treasurer in such sale, and other proceedings
connected therewith, shall be governed by so far as applicable,
the requirements contained in an ordinance for the collection of
ordinary taxes of the City.
Passed March 1 lth, 18 7 4.
SEC. 18. All ordinances and parts of ordinances in conflict
with this ordinance are hereby repealed.
CHAPTER LXXX.
AN ORDINANCE to provide for the appointment of a City Marshal
by the City Council of the City of Di}bugne.
Sac. 1. Marshal to be appointed. Si.c. 3. Council may ramove.
8. Salary and duty. 4. Ordinances repealed.
Be it. Ordained by the City Council of the City of Dubuque
SxcrtoN 1. That for the year 1880, and annually thereafter,
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,
;w&l until his successor is appointed and qualified.
SEc. 2. The City Marshal shall haze a stated salary, which
shall be fixed by the City Council as other City officers. and
shall receive no additional fees as colnpensation, and shall ]xay
over to the City Treasurer, for the nse 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
234 REVISE]) f7['1'] ORDINANCES
Revised Ordinances, and all other ordinances tnd rules as may
from time to time be passed by the City Council.
SEC, 3. If said Marshal shall at any Hine fail or neglect 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 malfeasance of office,
the Mayor, by and with the consent of the City Council, may re-
move him from office for such offense.
SEC. 4. All ordinances and parts of ordinances in conflict
with this ordinance are hereby repealed.
CHAPTER LXXXI.
AN ORDINANCE to regulate the use of public fountains.
Be it Ordained by the City Council of the City of Dubuque :
SI:o'rroN 1. 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, tor use else-
where, shall be guilty of a misdemeanor, and upon conviction
thereof; shall be fined not less than one dollar or More than five
dollars with costs of prosecution.
CHAPTER LXXXII.
AN ORDINANCE regulating sub -divisions and additions to the City
of Dubuque.
size. 1. Council to approve. Sao. 3 PenaIty for violation.
2. Plat to be furnished city.
Be it Ordained by the City Council of the City of Dubuque
SECTION 1. That no addition to the City of Dubuque, or sub-
division into lots of any parcel or track of land within the
limits of said City, shall be lawful, unless the same be first sub-
mitted to and approved by the City Council of said City; nor
shall any street, avenue or alley be recognized by said City as a
REVISED CITY 0RDINANUES, 235
public thoroughfare; nor shall any expenditnre 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 correct
map or plat of all additions or sub -divisions hereafter made,
shall he furnished to said City by the person or persons owning
the land embraced therein, and such owner or owners shall also
comply with the statutes of the State of Iowa in force at the time
such addition or sub -divisions are made, so fitr as the same are
applicable arid not inconsistent with this ordinance.
SEC. 3. That hereafter it sliall be a misdemeanor for any per
son or persons, or other owner, to ]ay off into Iots, or sub -divide
any tract or parcel of ]and 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 getting the ap-
proval thereof, of the City Council of said City. And upon
conviction thereof; such person or persons, or owner, 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, 1880.
CHAPTER LXXXIII.
AN ORDINANCE granting to Ingram, Kennedy Day the right to
lay a railway track,
$EO. I. Permission granted to lay track. SEC. 4. To comply with police regulations
2. To grade streets and alleys at 5. Might of way can he revoked.
their expense. 8. When to take effect.
3. To put grade as established by
city,
Be it Ordained by the City Council of the City of Dubuque
SEcTroN 1. That permission be and is hereby granted to In-
gram, Kennedy & Day, their successors and assigns, to lay down
and operate a single railway track on and along the following
streets and alleys in this City: from an intersection to be made
236'. REVISED carry ORDINANCES.
with the Dunlieth and Dubuque Bridge Company's track at the
east end of the bridge crossing Seventh street slough; thence in
a northeasterly direction o'er and across Bell and Clark streets,
and over and across the alley between Clark and Commercial
street: to a point near the corner of Commercial and Tower
streets.
SEC. 2. Tliat said Ii;;rarn. Kennedy & Day, their successors
and assigns, whenever required by, the City authorities 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 end of the ties the entire width
of such street or alley, in such manner as will afford an easy
passage for wagons and other vehicles.
Sic. 3. That. said Ingrain. Kennedy & Day lie required to
put the said track to any grade the City may .establish.
SEC. 4. The said Ingram, Kennedy & Day shall strictly com-
ply with all reasonable pollee regulations, which the authorities
of said City nuy establish in relation to the running ot trains
on said track within the limits of said City.
SEo 5. That the above right of way can be revoked at pleas-
ure of the City Council.
SEC. 6. That this ordinance shill be in force from and after
its passage and publication in the oflicial papers of the City at
the expense of said Ingram, Kennedy & Day.
Passed April `:d, 1878.
CHAPTER I.XXXI.V,
AN ORDINANCE to provid. for submitting to a vote, the question of
the sale of certain real estate.
Be it Ordained by the City Council of the City of Dubuque :
SECTIo:1 1. That a special election shall be held in the city of
Dubuque on Monday, the 28th day of February, A. D., 1881, at
REVISED CITY ORDINANCES. 237
which election there shall be submitted to the rjnalified voters of
said city, the question whether the City of Dubuque shall sell
and convey to the Chicago, Milwaukee & St.. Paul _Railway Com-
pany, the following real estate to -wit.: lot 747, part of east 56
feet of lot 304, mineral lot 106 ; lots 1 to 50 inclusive in the snb-
division of mineral lot 107 ; lot 6, 7, 10 and 11, block 4, Rail-
road 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, block 28 ; lots
1 and 2, block 29, in the Dubuque Harbor Improvement Com-
pany's Addition, and all in said city.
Sic. 2. Said special election shall be held in the First Ward
at the Montana _rouse ; in the Second Ward at the Court house;
in the Third Ward at the City _Tall : in the Fourth Ward at
Thos. McCoy's store ; in the Fifth. Ward at Meuser's I3rewery.
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 sump of $5.00 each to
be paid from t]ie City Treasury.
SE . 3. The ballots used at said special election, shall be as
follows:
Shall the ('its• 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 106 ; lots 1 to 50 in-
elusive in the sub -division of mineral lot 106 ; lots 6, 7, 10 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, block 28 ; lots 1 and 2, block 29 in Dubuque harbor Ini-
proVernent Cornpauy's Addition.
YES. NO.
SEC. 4. The Mayor shall issue his proclamation setting
forth the time and place of said special election, and the object
238 REVISED CITY ORDINANCES.
thereof, which• proclamation shall be published in the official pa-
pers of the city for 5 days before said special election.
Sic. 5. If the vote shall be in favor of the sale of the real
estate aforesaid, the proper officers of the City of Dnburlue,
shall for goad and sufficient consideration and in the discretion of
aid city, execute the proper conveyances therefor.
Si:e. 6. This ordinance shall be in force from and after
its passage and one publication in the official papers of the
city.
Passed F ebrwu•v 21. 1881.
JOIIIV D. BUSH.
Attest : Mayor.
MARTIN KANE,
City Recorder.
•
CITY CHARTER.
AN ACT for revising and consolidating the laws incorpora-
ting the City of Dubuque.
SEOTIoN 1. Be it enacted by the General Assem-Bounaartes.
bly of the State of Iowa, that all that part of the
county of Dnlnigne, 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 (31) in township eighty-nine north of
range three (3) east of the fifth principal meridian;
thence west along the south line of said section con-
tinued, and along the south line of sections thirty-
five (35) and thirty six (36) in the sauce township, of
range (2) east of thw•fifthprincipal meridian to the west
line of said section thirty-five (35); thence -north along
the west line of sections thirty-five (35), twenty-six
(20), and fourteen (14) to theaiorth line of said section
fourteen (14); thence east along the north line of
said sections fourteen (14) and thirteen (13) to the
range line between townships two (2) and three (3)
east of said meridian; thence north on the last men-
tioned ran!re line, to its intersection with the Borth
line of section seven (7) in the same township of range
three east of said meridian; thence east along the north
line of section seven (7) and along said line con-
tinued to the main channel of the Mississippi river;
thence down the middle of the main channel of the
Mississippi to the place of beginning, shall be, and
240 CH:i]ZTER OF CITY OF DUBUQUE.
Officers.
is hereby declared to be a city, and the inhabitants
thereof are created a body corporate and politic, with
perpetual succession, under the name and styli: of
the City of Dubuque, and as such, and by that name,
shall be capable in law of contracting and being con-
tracted wvith, of suing and being sued, pleading and
being inipleaded, answering and being answered unto,
in all eonrts and places, in all matters whatsoever; and
also of purchasing, using, occupying, enjoying and
conveying real, personal; and ]nixed estate, and may
have and use a corporate seal, and may change, alter
and renew the same at pleasure; and shall be compe-
tent to have, exercise and enjoy all the rights, immuni-
ties, powers and privileges, and lie subject to all the
duties and obligations incumbent upon and apper-
taining to a municipal corporation.
Si+:c. 2. The right and power to exercise the cor-
porate powers hereby and herein granted, and the ad-
ministration of the fiscal, prudential and inunieipai
affairs of said city, with the conduct, direction and
government thereof. shall he vested in a Mayor and
aldermen, to be denominated the City Council, neith-
er of wlium, while holding their respective offices,
shall Bold any other under the city government; and
in a. Recorder, Auditor, Treasurer, Marshal, and City
Attorney, and such other officers as are herein men-
tioned, as the City Council, for the better fulfillment
and administration of the corporate duties and
powers herein granted, may by ordinance create and
establish.
SE(:. 3. The Mayor, Aldermen, Recorder, Treats n-
To be electea.rer, Auditor and City Attorney, shall be elected at
the annual election, by the qualified voters of said
city, as hereinafter provided, and the said Recorder,
Treasurer, Auditor and City Attorney, shall hold
nEvisan (Iry ORDINANCES. 241
their offices, respectively, fib the term of one year
from the date of their election, and until their- suc-
cessors are elected € nd qualified. Such other officers
the City Conncil may by ordinance provide for,
shall be either elected by the people or appointed by
the City Council, as such ordinance may determine;
if elected by the people they -told their offices for the
term of one year, and until their successors are quali-
fied; if appointed by the (lily Council, they shall
hold their offices f'or such time as shall be fixed by
ordinniu..e, not longer than one year, or at the pleasure
of the council. All city officers, before entering on To fako oath.
the duties of their respective offices, shall take an
oath or affirmation to support the constitution of the
United States, and of the State of Iowa, and faitlr-
fully and impartially to perform the duties of the
offices to which they may be elected or appointed,
and when required by the council, shall, except the
City Judge, give bonds hi such stuns and with such
sureties as the council may determine and approve,
for the faitjifnl performance of all the duties apper-
taining to their respective offices. All elective offf-
yer- .shah be citizens of the State of Iowa, and quali-
fied voters in said city.
Srn. 4. Tlie annual election for city f]icers shall When elected.
take place on the first Monday of April in each year.
Polls shall be opened in each ward under the direc-
tion 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 tune and
place itt wliieli the polls s11a11 be opened, which shall
lie published in the official papers of the city. The Roles of elec-
tion.
rules prescribed by law for the regulation of township
elections, shall govern as far as applicable, the elec-
tion of city officers, and returns within two days shall
(31)
24
REV ISM CITY S)Ii.I1 ANUES
be made out in the sable manner as by the township
trustees, and delivered in a sealed envelope to the
_Mayor, who shall within one week from the day of
election, at a regular meeting of the city council, or
at a special meeting to be called for that purpose,
open the return, in the presence of the council, and
the council upon examination and comparison of• the
returns, shall judge and decide the result, and these
proceedings shall be entered upon the record by the
Recorder in his minutes it' the proceedings of said
Q uahiaeation Conneil of that meeting. Every person qualified to
of rleetors• 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 Wimple shall be divided in
such manner as the City council may by ordinance
determine, into five or more wards, ‘v]cic.dh may be
altered or changed at the pleasure of the said council:
Wards.
Aldermen.
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 he elect-
ed from each ward, who shall hold their offices tor
the term of two years, and these terms shall be so ar-
ranged that one alderman shall be elected from each
ward each year. Any citizen who is a qualified
voter in said city may be elected alderman from the
ward. in which he resides, and it removal of his resi-
dence from such ward shall be deemed a vacation of
tueret tostnd tint- lie to - Ibis otlice. No lneinber of the city council shall he
t
contracts. directly or indirectly interested in the profits of any
contract or job for the city, and to become so inter-
ested, or being so interested «Mien elected, shall be
deemed a vacation of said office. Neither shall any
alderman vote in said council upon any question in
which he is directly or indirectly interested.
REVISED CITY ORDINANCES.
243
SEu. F. The City Connell shall have power to PCunncrl,
judge as to the qualification of its members, and to es-
tablish rules and regulations for the government of its
proceedings ; and to prescribe the tunes and places at
which the meetings of the Council shall be held ; and
to make all ordinances necessary and proper for carry-
ing into effect the power's herein granted, and to en-
force obedience to such ordinance by fine not exceed-
ing one ]hundred dollars, cir by imprisonment not ex-
ceeding thirty days, or by such fine and imprisonment.
SEC. T. The City Council shall have power, and
it is hereby made their duty :
First —To fill all vacancies which may occur among Fill vacancies
the officers of said city, by appoiiit.Ilrent, the person so
apixuiuted to hold office until the next suceeediug
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 coin- Fix salaries.
pensation of all officers of said city, not fixed by this
act.
❑P
Third —To provide all needful regulations and pre- Protect City.
Cautions to protect the city and the inhabitants thereof,
against injuries by fire, thieves, robbers, burglars, and
all persons violating the public peace.
Fourth —To provide for the suppression of riots, Punish °rime,
gambling, and all indecent and disorderly conduct, acid
for the punishment of all lewd and lascivious behavior
in the streets and other public ].daces in said city.
Fifth —To prohibit the erection in any square ortarPrnhn busiibrtdfuge. eer
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 mortar, and to
provide for the removal of any building erected con-
trary to the true intent and meaning of said prohibition.
244 /LEA,ISED CITY ORDINANCES.
Eatabllhh Fire Sixth --To organize aiol establish tiro companies,
Companies.
and provide tlieln with. e11ginr- .laid Other apparatus,
and to regulate and prohibit the establishment of an
independent fire eompa.nv or companies, rLtter the pas-
sage of this act.
Abate nuiaan' Seventh —To require and compel the removal of all
esb.
obstructions of the public streets and alleys, and the
abate/nellt of all nuisances 111 said city.
drain
tught tlotsil or at lglltll —TU cause all grounds or Iuts where water
ow ern se 1:4Shaall at any time Isecoinc stagnant. or remain st:nidiug
to be raised, filled up or drained. alt tile expense of the
owner thereof, anil to effect this object the :slid Coun-
cil /nay give notice to the owners thereof, o1' their
agents, or in case of lion -resident. owners without
known agents, notice may be given by pnblinit.ioni in
one or more of the newspapers published in said e.ity,
to fill lip, raise, or drain such grounds at their owii ex-•
pease, and the Council shall designate holly High such
grounds shall lie filled up or raised, or in what. manner
they shall be drained ; and in ease the owners shall
fail to till up, ur drain such grolll'tl, within the time
designated in said notice, the City Connell may cause
the swine to be clone at the expense of the City, a.nd
alSsess the .xpeInses thereof against Said ;Old
nllcli assessment shall be placed in the ]lands of the
City Collector, who shall proceed to collect the saute,
with costs, by sale it' such grounds in such •1naunier
and under such restrictions and regulations as may be
provided by ordinance : Provided, the owners of
such grounds shall have the right to redeem ivitliili
one year after sale, lsv paying the purchasers this
amount by them paid with 10 per cent.. interest
thereon.
Rules to se- Ninth. --To make reoiihitivas to secure the general
Cure general
health of the health of the City. and to cause the removal of all
city.
flirt, filth or other nuisance which may at any time he
1
i
aL:yisE[) CITY ORn1NANCES.
;ivt'1II11ulated upon oily" 1litt, car streets and alleys In
said city. at the expense of the owners 1if the grounds
on whicIh. it Iles.
Tenth ---To establish hospitals, workhouses, and a
city jail, and make regulations for the government
thereof.
Elevelith—Tu prohibit. lugs, cattle, horses, and all
other animals from running at large in the streets, al-
leys and public places in said city.
Twelfths —To establish a day Lind night police, and
punish resistance to then/ or any other city officers in
the discharge of' their duties.
Thirteenth —To open, alter, extend, widen, estalslisll
and v•teate, and to grade, pave and otherwise improve,
clean and beep in repair tire sidewalks, streets, ,illeys,
wharves. docks, landings, and other public ,rounds of
said city-.
Fourteenth —To establish, erect and keep in repair,
hl•idges, culverts and servers, saki regulate the use of
the same ; to establish, alter and change the channel
of lvater-Courses. and to wall them up and cover them
over.
245
To establish
Hoar itala,
Work lloilae8
and City .fail.
To prohibit
animals run-
ning at large.
Establish Po-
lice.
CoatreI
Streets.
llritlges.
❑l'cr
Fifteenth —To erect market: houses, establish Iila1'- Market House
ket places, and provide for the regulation and govern-
uient thereof:
Sixteenth-- To provide for all needful buildings for - P a1lc bsalilt-
tbe use of the city, and for enclosing, lillpl'oGillg and
protecting all publics grounds belonging to the city.
Sevellteellth—To regulate the use of wharves and pull- Wharves.
lie landings, fix the rate of wharfage and regulate the
stationary anchorage and mooring of all boats and
rafts within the city.
Eighteeiltli...To license, tax and regulate auctioneer's
24ti REFIRED CITY MIDI NANC]:s.
To regulate li- peddlers and traveling merchants, grocers, merchants,
cense of Mer-
chants, Hotcis retailers, hotel keepers, and keeper of livery stables,
etc.
of eating houses, boarding houses, saloons find places
of amusement, and bankers, dealers in money, war-
rants, notes and other evidences of indebtedness, and
works of all kinds.
Licclise Carri- Nineteenth --To license, tax and regulate hacklley
ages, Wagons,
Drays etc, carriages, omnilnisse , wagons, carts, drays, and ail
other vehicles, and porters, and tix the rates to be
charged for the carriage of persons, and for the wagon -
age, cartage, drayage or porterage of property.
Ltiioensccs,sho'rhws,ea- Twentieth --To license, tax, regulate and suppress
delta. etc. tli Cal and other exhibitiaiis, shows and aautuse-
inents, and billiard tables, ten pin alleys, and to sup-
press gainhling houses, and bawdy -houses, and houses
of prostitution ; also to tax and destroy dogs, to regu-
late the weights and measures to be used in said city ;
Inspection et
pro i' i e l ❑n A, to provide for the inspection and measuring of wood,
produce, c. lumber and ails, and for the inspection and weighing of
coal and hay, and to provide for and regulate the
inspection of beef, pork, flour, hitter, lard and other
provisions. and to regulate the vending of meat, poul-
try. vegetables and other provisions.
e !twenty-first—T.o establish regulatioiis respecting
character and size of the foundation and other walls of
buildings in said city, and to eiitoree the same liy the
removal of buildings erected in violation of such regu-
lations at the expense of the owner or lessee of the lots
upon which they are situated.
To d diapuprchase
osoof Twenty -second —To -second—To purchase land or other property
a:i
real anpl+
sonal prodpeeer-for the use of the city and to dispose of all person-
t3' al property of the city at the pleasure of the Council,
and of the real estate of the city, when authorized so
to do by the majority of the legal voters ; and the
Council may by ordinance provide thy submitting the
Regulat
buildings.
CHARTER ii CITY OF V E.
247
question of the sale of the real estate, or any part thereof,
to the voters of said city, in such manner and at sucla
times as it. may deer] expedient.
Twenty -third --To collect. taxes to defray the current T o c o l Loci.
taxes.
expenditures and pay the debts of the eit.y : 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 Ot To provide for
Cif' all taxable property in said city, with reference to assessment
taxation for city purposes. Appeal shall Be from the
assessment of any officer appointed by the City Coun-
cil to assess property, to the City Council, whose adju-
dication shall be final.
Twenty -fifth —To audit ,ill claaiins against the city, Audit claims.
and order the payment of such as shall he allowed.
Twenty -sixth —The City Con pelt shall have the
regulate
exclii:�ive right to ]icense and regulate ferries, and to,;es.
establish the rates of ferriage between Dubuque and
the opposite bank of the '.4lississippi river.
Twenty -seventh —To make all such ordinances as to To make ordi-
nances.
them shall seem necessary to provide for the safety,
preserve the health, promote the prosperity, and im-
prove the morals, order, comfort and convenience of
of said eity and the inhabitants thereof.
and
fer-
.i:c. S. The ordinances passed by the City Coun- Ord i n a n c e s
when to take
ril hxll take effect from and after the date of their pub_ effect.
licatioli in such newspaper of the city of Dubuque as
the Council shall designate, the date of which publi-
cation shall be noted by the Recorder in his record of
the ordinances, and such record shall be evidence of
the time and fact of snch publication : Provided, xclzht to re-
- vise.
Tllat the City Conrail may authorize the revision and
publicatio]r of the ordinances in book or pamphlet
oral, in which case such revised ordinances shall take
248 CHARIER OP cITY oI nUr3l7quE.
effect from and ift.er the date. of such publication, and
sncli book or pamphlet shall ciuiitaiii the resolution of
the City Council ilut.horizing its publication, and a
certificate of the Cite Iecorder that the ordinances
and resolutions therein contained are correct copies
from the records in his office, and shall t.lien be received
without further proof, as presnsnptive evirdence of such
ordinances and resolutions : And provided further,
That the City Council may provide tor the taking ef-
fect of any ordinance not before a day certain therein
specified. All ordinances passed by the City Council
shall be signed by the Mayor and attested by the Re-
corder, and shall be recorded in books kept for that.
purpose.
Urdera :—how SEC. 9. All orders of the city council for the pity -
signed.
nient of money, shill be signed by the Mayor and
attested by the Recorder, and countersigned by the
City Auditor.
Fines paid to SEC. 10. ill] fines and forfeitures collected for
treasury.
violations of city ordinances shrill. be paid into the
treasury, and the Mayor shall see that the since i.-
done without innecessaiv delay.
Mayor :—dut33° SEC. 11. The Mayor is the executive officer of the
Mid power af.
city, and it is his duty to be vigilant and active at all
tunes, in causing the ordinances aud regulations of
the city to be put in force and duly executed, and
skrtll take care that • all offieers under the city govern-
ment comply -with the law and ordinances and reso-
lutions of the coiineil; he is ex-oflicio president of
the city council, but shall have no vote therein ex-
cept- a casting vote when there is a tie. The city
council shall elect. a Mayor pro tempore, who, in case
of the absence or inabilty of the Mayor, shall dis-
charge all the duties and possess all the powers that
belong to the Mayor.
■
CHARTER OF CITY OF DUBUQUE. 249
SEc. 12. The Recorder shall be secretary of the Reeomdsr-
city council, and shall keep a full record of the pro-
ceedings; he shall have the custodyot all the records,
books and papers of the city, and of the city seal, and
shall discharge such other duties as may be ,]evolved
upon hiin by law or ordinance, and shall keep his
office at such place as the city council shall provide
and designate.
SEC. 13. The City Auditor shall keep, in proper Auditor.
books provided for that purpose, a Ball and fair ex-
hibit of the finances of the city, its revenues, expen-
ditures, indebtedness and credits. He shall counter-
sign all orders on the treasury drawn for money ap-
propriated by the city council, when signed by the
Mayor and attested by the Recorder, and shall per-
form such other duties as the council niay by ordin-
ance or resolution require.
SEC. 14. It shall he the duty of the City Marshal pity Marshal.
to attend the meetings of the city council, to execute
its orders, to arrest and bring before the proper court,
with or withont warrant, all wlioln he shall find in the
actual violation of any ordinance, and to perform such
other duties as inay be devolved upon him by law or
ordinance. The city council inay by ordinance author-
ize the ]Marshal to appoint deputy marshals.
SEc. 15. It shall he the duty of the City Treasurer city
to take charge of and keep the funds and moneys (der'
the city ; he shall keep the sane in separate funds,
to be denominated the "general fund," and the
"road fend,"land shall pay out money only upon orders
from the city council, signed by the Mayor and attest-
ed by the Recorder, and countersigned by the Auditor,
which orders shall specify the fund drawn upon. He
shall keep an account with each fund, and shall from
time to time report his receipt and expenditures, as
required by the city conned.
(32)
Treasur-
5'0 CIIAN'rER oF MTV of nuBuQUE. [:Ii.11t'1'EIi, OF CIT] OF I.fl13UQUE. 251
City Attorney. SEC. 16. It shall be the duty of the city attorney to
appear for the city in the city court and all other
courts; to take charge of the legal business of the city;
to give his written opinion whenever called upon by
the city council; to give legal advice to all officers of
the city, and to perform such other dutiea as may be
devolved upon him by law or ordinance.
SEC. 17. The City of Dubuque is authorized to
borrow honey upon the credit of the city, and to issue
the bonds of the city: Provided, That the proposi-
tion 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 proclama-
tion shall state the amount of money to be borrowed,
and the purpose for which the money is to be borrow-
ed; and in case the proposition is adopted by a vote
of two-thirds of the qualified electors of said city, the
city council /nay at any tune thereafter within the
space of one year, authorize the borrowing of the
money, and the issuing of the bonds.
I SEe. 18. The City of Dubuque is constituted a spe-
cial 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 addition to the
taxes otherwise authorized, to levy a special road tax,
which shall not exceed the limits fixed by law of the
• road tax to be assessed by the county board of super-
visors. Nocounty or township officerhaving the care
or supervision of roads, is required to expend labor
upon the highways in the City of Dubuque, but the
duties and responsibilities unposed by law upon
such officers shall, as to the streets and highways in
said city, devolve upon the city council.
City -nay open SEC. 19. Tlie city council shall have power to open,
widen or ea-
talleyslendatreetaor widen or extend any street or alley in said city, and
City may bor-
row money.
C 1 t y specie
road district.
tinder stick regulations as may by ordinance be pre-
scribed, may cause a jury to be summoned who shall
apportion and assess the damages and benefits which
any person may sustain by reason thereof, upon the
lots or lands adjoining, or in the immediate vicinity,
which may be benefitted thereby; and such apportion-
ment and assessment shall be returned to the city
council, and shall be collected and paid into the City
Treasury. Notice must be given to all persons whose
property is appropriated, in writing or by publication,
or they will not be hound by the proceedings. The
damages assessed to any persons constitute a ti'alid
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 ap-
propriated, shall be at the time of the passage of a
resolution by the city council, ordering the laying out
and establishment of the street, and the jury shall be
summoned to assess the damages at Ieast within one
month thereafter, and their apportionineut shall not
be subject to be quashed by the city council, but may
be returned to the same jury for the correction of any
irregularities or informalities.
SEC. 20. The Marshal shall notify the owners of all Z,5,li•shal to no -
lots and grounds against which any sumshall be ap_ tiYy owncra.
portioned, to pay the same within thirty days. In
cases where neither such owners, nor any agents shall
be residents of the City of Dubuque, or are unknown,
notice may be given by publication in any newspaper
in said city for two weeks. If default of payment
shall be made, the Recorder shall deliver to the co] -
lector of taxes for the city a statement of the salve,
and he shall proceed to collect the same by sale of the
property as may be prescribed by ordinance.
SEC. 21. The city may levy a special tax on anygal tag°3' spe-
lot or lots, or the owners thereof, on any alley, street
252 °HARTER Or CITY or I UBUQ E.
or highway, or any part thereof', for the purpose 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.
Mdy approprt- SEC. 22. The city may appropriate lands for the
ate lands for
public use. purpose of using the salve for jails, workhouses, mar-
kets, and other public buildings, and to provide for
supplying the city with water by constructing aque-
ducts, reservoirs, and other conveniences, and com-
pensation therefor to be ascertained as provided by
law.
Regulate addi- SEC. 23. No addition to the City of Dubuque shall
nous to city.
be lawful unless it is first submitted to the city coun-
cil fir their approval, who shall have exclusive
authority to provide for and regulate the width of
streets and alleys in such addition, and when the sante
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
saute for public reference, and the provisions of
the statutes of Iowa, shall also be complied with in all
such eases, so far as the same are applicable and not
inconsistent with this act.
Actions
brought.
haw SEC. 24. Actions for the violation of city ordin-
ances shall be brought in the name of the State of
Iowa, for the use of the City of Dubuque. The pro-
ceedings 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 apprehension of the accus-
ed, But the city council may by ordinance provide
that certain designated officers may arrest any person
CHARTER or CITr op Irt)13t:Qu1 . 253
actually found violating any ordinance, and commit
them for trial without warrant; the trial shall be in a
summary manner, and without the intervention of a
jury, nnless demanded by the defendant.
SEC. 25. The City of Dubuque shall be and hereby PL•o pert}' VC4t-
ed Oa city of
is invested as the lawful owner and proprietor, wit]i Dubuque,
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 Dubuque, under any
previous act of incorporation an 1 all rights, interests,
claims and demands against or in fatvor of said city,
may be continued, prosecuted, defended and collected
in the same manner as though this act had never been
passed.
SEO. 26. The city council shall provide by orcfir; c h a r g o a
ance for the mode in which charges may be perierred eo s i n s t oft'
against any officer under the city government, and
for the ]rearing 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 M e nib er of
m a
expelled or removed from office by a vote of two- bocouncil oxpaylled.
thirds of all the aldermen elected; but not =t second
time for the same offense; and any officer under the
city government, appointed by the city council, may
be removed frotn 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 levy c o u n e i r to
lev
in each year a special tax, to pay the interest on such tax,: special
loans as are authorized by the seventeenth section of
this act:
254 en:1H'1ER OF CITY OF DUBUQUE.
Aold fldermoren tetinto. SE0. 2;}. The aldermen of the City of Dubuque,
h
and all other officers now elected, shall hold and exer-
cise their offices for and during the term for which
they are chosen.
An Acts rind SEC. 30. All acts and parts of acts heretofore pass -
parts of Acts
ropealea. ed relative to the incorporation of said City of Du-
buque, shall be, and the same are hereby repealed, as
far as the same come within the purview of this act.
AU ordinances passed under prior acts of incorpora-
tion of said city, and heretofore in force, not inconsis-
tent with the provisions of this act, shall continue in
force until altered or repealed, and shall be deemed
in compliance with the requirements of this act as fat'
as applicable.
SEC. 3 i. This act shall be taken and viewed in all
courts as a public act.
This Act to ho SEC. 32. This act shall be submitted for the ap-
submitted to
vote of people proval of the electors of the City of Dubuque, at an
election to be held on the first Monday in March, A.
D. 1857, but prior to said election the whole act shall
be published in the Northwest, the Tribune, the Ex-
press and Herald, the National Democrat, the Re-
publican, and the Stoats Zeitnng, newspapers, at the
expense of said city. The tickets which shall he
polled at such elections shall contain either the words,
"For the amended charter," or, "Against the
amended charter." And if it majority of all the le-
gal votes at such election shall be in flavor of the
amended charter, then this act shall be in force from
and after its publication in the Northwest and Ex-
press and herald newspapers, without expense to the
To take affect. 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.
Public act.
i
(ilIAI I1Llt OF CITY OF D[r13UQUE.
I hereby certify that the foregoing was published
in the Northwest, February 24, 1857.
ELIJAII SELLS,
Secretary of State.
255
AN ACT OF CONGRESS
O1 THE UNITED STATES
LAYING OFF THE TOWN OF DUBUOUE.
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.
SECTION 1. Be it enacted by the Senate and house of Representa-
tives of theUnited States of America in congress assembled; That
thetracts of land in the territory of Wisconsin, including the towns
of Fort Madison and Burlington, in the county of Des Moines ;
Bellevue, Dubuque and Peru, hi the county of Dubuque ; and
Mineral Point in the county of Iowa, shall, ender the direction
of the Surveyor General of the public lands, be laid off into
town lots, streets, avenues, and the lots for public use called the
public squares, and into out -lots, having regard to the lots and
streets already surveyed, in such manner and of such dimensions
as he may think proper for the public good and the equitable
rights of the settlers and occupants of said towns : Provided,
The tracts of ]and so to be laid off into town lots, Arc., 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 Presi-
dent of the United States, and at such other times as he shall
think proper ; Provided, That no town lot shall be sold for a
SUM less than five dollars. And provided further: That a Yuan.
,1i77' f 11' CONGRESS,
257
tity of land of proper width, on the river banks, at the towns of
Fort Madison. Bellevue, Burlingt.un, Dubuque and Peru, and
running with the said rivers the whole length of said towns
shall he reserved from sale, (as shall also the public squares) for
public use, and remain for ever for public use, as public highways
and fbr other pnb]ic uses.
SEC. 2. Auld he it further enacted, That it shall be the duty
of t.lie said surveyor to class the lots already surveyed in the said
towns of Fort Madison, Burlington, Bellevue, Dubuque. Peru and
Mineral Point, into three classes, according to the relative valve
thereof, on account of situation and eligibility for business, with -
tout regard however to the improvements inane thereon ; and pre,
vions 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 obtained t'roan the agent of the United States a
permit to occupy airy 1ot or lots in the said towns, or who shaI]
have, by building or enclosure, actually occupied or improved
any lot or lots in the said towns, or within the tracts of land here-
by authorized to be Iaid off into towns lots, shall be permitted to
pau'r.liase such Iot or lots by paying therefor, in cash, if the same
tall ‘vitlain the first class as aforesaid, at the rate of forty dollars
per acre ; if within the second class, at the rate of twenty dol-
lars per acre ; and it' within the third class at the rate of ten
dollars per acre : Provided, That no one of the persons afore—
said shall be permitted to purchase, by authority of this section,
More than one acre of ground to embrace improvemnents 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 rncxiey in the treasury not otherwise appropri-
ated, to defray the expenses of surveying the lands covering the
said towns of Furt Madison, Burlington, Bellevue, Dubuque,
Peru and Mineral Point.
Approved. July 2, 1836.
(S1
•
25S
M•'I:S OF CONGRESS.
AN ACT to amend an act entitled .`An act for laying off the towns of
Fort Madison and Burlington, in the county of 1)es Moines, and the
towns of I3ellevue, Dubuque and Peru, in the comity of Dubuque,
and Mineral Point, in the county of Iowa, territory of Wisconsin,
and for other purposes," approved July 2nd, 1836.
Be it enacted by the Senate and House of Representatives of
the United States of .America in congress assembled, Thait all
acts and duties required to be done and performed by the sur-
veyor 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 busi-
ness ; 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 taithtully and : Provided, That the ac-
tion of the Commissioners appointed under the present act shall
not interfere with any of the nets perforated by the Surveyor
General, prior to the time of the passage he.reef, in pursuance of
instructions under the act to which this amendatory.
Si;o. 2. And be it further enacted, That the said euniinis-
sioners shall have power to hear evidence and determine all
eloilns to lots arising under the act to which this is an amend-
ment ; and for this pmposse, the said commissioners are author-
ized to administer all oaths that may be necessary. and reduce to
writing all the evidence in support of claims to pre-emption pre-
sented for their consideration ; said when all the testimony shall
have been heard and considered, the said commissioners shall tile
frith the'proper register and receiver for the district within
which the towns are situated respectively, the testimony in each
ease, together with a certificate in favor of each person ]saying
the right of pre -eruption under the provisions of the set of
which this is amendatory ; a.ncl upon making payment to the
proper receiver of public moneys for the hit 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
commissioner of the general land r,fliee, as in other eases of the
sale of public lands.
AU'rs of Col r+Rrss. 251)
So.. 3. And be it fatrther enacted, That the proper register
and receiver of public moneys, after the board of commissioners
have heard and determined all the cases of pre-emption ender
the act to which this is an amendment, shall expose the residue
+f the Lots to public sale to the highest bidder, after advertising
the saatne in three public newspapers at least tl i I•ce. months prior
t tlic day of sale, in the same manner as is prgivided for the sale
t' public lands in other cases ; and after paying the commission-
ers the compensation hereafter allowed them, and all other ex-
penses incident to the said surrey 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 respec-
tive towns aforesaid, to be expended by them in the erection of
public buildings, the constriction of suitable wharves, and the
improvement of the streets in the said towns of Fort Madison,
13urlihigt.ln, Bellevue, Dubuque, Pern and Mineral Point.
SEo. 4. And be it further enacted, That the commisioners
appointed to carry this act into effect, shall be paid by the re-
ceiver 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
AN ACT to authorize the constituted authorities of the City of Du-
buque, in the State of Iowa, to enter certain islands between the land-
ings 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 assembled, That the
constituted authorities of the City of Dubuque, in the State of
Iowa, be and they are hereby authorized, to enter the islands in
the Missisippi river opposite the said city, which are fractions,
within sections nineteen and thirty, in township eighty-nine
north, in range three east; and in section twenty-five, township
260 ACTS OF ac1 zzMs.
eighty-nine north, range two east, at the minimum price of the
public lands.
Provided, Said entries shall be made witlhiir six months front
the passage of this act.
Approved Mardi 3, 1847,
AN ACT for the relief of thetown of Bellevue and the cities of Bur-
lington and Dubuque, in the State of Iowa.
Be it enacted by the Senate and House of Representative of
the United States of America., in congress assembled, That there
shall be and hereby is granted to the town of Bellevue, in Iowat,
the land bordering onthe Mississippi river, Ili front of aid town,
reserved by the act of second of July, eighteen hundred €uid
thirty-six, for a public highway and for otllLr public uses; to-
gether 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 wade by this
aet shall operate as a relinquishment only of the right of the
United States in and to said premises, and small in no manner
affect the rights of third persons therein, or to the use thereof,
but shall be subject to the same; and on application by a duly
authorized agent of the corporate authorities of said town to the
commissioner of the General Laud Ofhee, a paten of relimiui-ii-
ment, in accordance with the provisions of this act, slut11 be is-
sued therefor as in other eases.
SLc. 2. And be it further enacted, Tlntt there shall be and
hereby is granted to the cities of Burlington and Dubuque, in
Iowa, the land bordering on the Mississippi river, in t'roilt of
said cities, reserved by the act of second July, eighteen hundred
and thirty-six, fora public highway, and for other public uses,
together with the accretions which may have formed thereto, or
in front thereof; to be disposed ot in such manner as the cor-
porate authorities of said cities inay direct.
ACT! OF GONGRESS. 201
Sjo'. 3. And be it further enacted, That the grunt 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 no
manner affect the rights of third persons therein. or to the use
thereof, but shall be subject to the same; and on application by
a duly authorized agent of the corporate authorities ot said Cities
to the commissioner of the General Land [.)Mice, a patent of relin-
quishment, in accordance with the provisions of this act, shall
be issued therefor as in other cases.
SEc. 4. And be it further enacted, That the lot or parcel of
land in the City of Ditbuclue, heretofore set apart .i.lid used by
the authorities of said city. as a cemetery or burying ground,
under the act of congress, of the second July, eighteen hundred
and thirty-six, entitled "An act for having off the towns of
]+'ort Madison and Burlington, in the county of 1]esMoines, .and
the towns of Bellevue. Dubuque and Peru, in the eonnty of Du-
buque, territory of Wisonsin, and for other purposes"; and the
set 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 snake such dis-
position of the said land, included in said cemetery or burying
ground, as that c.olntrton council may deem proper.
Approved February 14, 1853.
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 House of Representatives of
the United States of America, in congress assembled, That Pal-
atka :uud Bayport, in the State of Florida, shall be, and are here-
by created ports of delivery respectively, and shall be subject to
the ;aloe regulations and restrictions as other ports of delivery
in the United States; and there shall be appointed a sur\-e,yor of
the customs, to reside ,Lt each of said ports, who stall, in addi-
t.i{}n to his own duties, .also pel'fol'nl the duties €and receive the
salary and emoluments of surveyors, prescribed by the 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 sable be-
ing entitled, "An act allowing the duties on foreign merchandise
imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St.
Louis, Nashville and Natchez, to be secured and paid at those
places." and said P€ll..t.ka be made a part and € nnexed to the col-
lection district of St. Johns, in Said State; and said Bayport he
made a part and annexed to the collection district of St. Marks,
in said State of Florida; and all the privileges rl.ud facilities af,
forded to Pittsburgh, Wheeling, Cnleinuati,Louisrille, St. Louis,
Nashville and Natchez, by the the act of congress aforesaid, be,
and the salve are hereby extended to said ports of Palatka and
Bayport.
SEC, 2. And be it further enacted, That Keokul, and Do-
buclue, in the State of Iowa, he, and hereby are constituted ports
of delivery within the collection district of New Orleans, and
there shall be appointed a surveyor of the customs for each of
said ports, who shall be residents thereat; said surveyors shall
perform the duties and receive the salary and emoluments pre-
scribed by the art of congress, approved on the i;eeund day of
March, eighteen hundred and thirty-one, entitled "An act allow-
ing the duties ou foreign merchandise imported to Pittsburgh,
Wheeling, Cincinnati, Louisville, St. Louis, •Nasliville and
Natchez, to be secured and paid at those places."
Approved August 3, 1854.
AN ACT OF THE LEGISLATURE
OF TIII'
TERRITORY OF WISCONSIN,
-ENDER wit TIIE
Tc W N i t i= i l I "BUQUE WAS INCORPORATED 11 1
AN ACT to incorporate the inhabitants of such towns as may wish to
be incorporated.
Sic-rro'I 1. Be it enacted by the council and House of Jiepl•e-
m sentati�•el of the territory of Wisconsin, That ‘vhenever the
white 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 purposes in this ter-
ritory containing not less than "three hundred persons shall
wish to become incorporated for the better regulation of their in-
ternal police, it shall he lawful for the said residents who niay
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 meeting from among„ themselves, both of whom
shell be Mvorn or affirmed by any person authorized to adminis-
ter oaths, faithfully to discharge the trust reposed in them its
president and clerk of said meeting. Provided, however: That
at least ten day public notice of the time and place of holding
said meeting shall have been given in some public newspaper, or
by setting lip public advertisements at the most public place in
such towii.
'l'EIZIIITtiltlAr. LAWS.
Si.c. 2. The residents of inlytown aforesaid, having assembled
as directed in the first section of this act, may proceed to decide
by vote, viva vote, u'ilet.lier they will be incorporated or not,
and the president and clerk, after their votes are given in, shrill
certify under their hands, the nuinber of votes in favor of being
incorporated, and the number against being incorporated, and it
it shall appear that two-thirds of the votes taken are hi favor of
being incorporated, the president and clerk shall deliver a certi-
ficate of the statement of the poll to the board of trustees, to be
elected as hereafter provided.
SEC. 3. 1NYhe,lev=er the qualified voters under this act of 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 sleeting 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. clay to
be maned in such notice, to elect by ballot FIVE (5) residents of
such town for trustees of the same, who shall hold their office
for one year, and until other trustees are chosen and qualified,
`tit which. first election the president and clerk of the first Meet-
ing shall preside, or hicase of the absence of either of their,
some suitable person shall be appointed by the electors present,
to fill such. vacancies, and at every sneceeiling elections tier presi-
dent and trustees, they shall direct the manner in which the
same shall (be) conducted.
SEC. 4. The board of trustees of any town, elected agreeably
to the provisions of this act, shall choose a president out of their
own body, Bind the president and trustees _aforesaid, and their
sucessors in office shall thenceforth be considered a body corpor-
ate and politic by the naive and style of the president and tubs •
tees of the town of----, and by such n€line and style be for-
ever able and capable in law and equity to sue and be sued, t
plead and be iinpleaded, to answer and be answered, and to de-
fend in all matters of snits, pleas, causes. and demands ot what-
soever kind or nature they may be, in as full a manner as any
person or persons, bodies politic or corporate, can or may do,and
2115
may have a common seal, and may alter the same at pleasure.
The said president and trustees shall require their clerk to keep
Dist journal and record of all their proceedings, and record all
1 iv -laws and 'ordinances which they snake, in a book to be pro-
vided for that purpose. The board of trustees, when duly organi-
zer] shall also (appoint) a town' treasurer, who shall hold his
office for the terns of one year, or until another shall be duly
chosen and qualified. The treasurer shall be required to give
bond with good sureties fir the safe keeping of the moneys in-
trusted to him, and for the paying over the same upon the re-
quisition of the board of trustees.
SEC. 5. The president and trustees, or a niajority of there, ot
any town incorporated as Heretofore directed, shall have power
to ]hake, ordain and esbud isle and execute Such ordinances in
writing not inconsistent with the constitution and laws of the
Tnited States, and of this territory, as they shrill deem necessary,
to prevent and remove nuisances, to restrain and prohibit gam-
bling or other disorderly conduct, and to prevent the running of
and indecent exhibitions of horses, within the bounds of such
town, to provide felt the licensing of public shows, to regulate
and establish markets, to open ditches, and to provide for draw-
ing off water, to sink and keep in repair public wells, to keep
open and in repair the streets and alleys of such town, by mak-
ing pavements or sidewalks, or other improvements over the
Fame, as to there may seem needful; Provided, always: That
the lot in front of which any sidewalk is made, shall be taxed to
pay at least one-half of the expenses of snaking such sidewalk.
The said president and trustees shill also have the power to pro-
vide such means as they niay 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 shall
have the power to define the boundaries of such town: Pro-
vided, 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 property in such town
[S1
66 Thata •rouiAI. LAWS.
not exceeding twenty-five cents on every hundred dollars of as-
sessment valuation thereof.
SPA.. 6. It shall be the duty of said president and trustees
to cause all the streets and alleys of such towns and public roads
Massing from and through Such town for one mile from the cen-
tre 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 labor 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 insuf-
ficient to appropriate 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 hi 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 suc-
cessors in office, with good and sufficient securities, in such sums
as may l:iy said president and trustees be deemed advisable ; and
a clause shall be inserted, that if at any time additional security
shall be required, the same shall be given, the condition of which
bond shall be, that the officers shall faithfully perfbrm the duties
of their office, and said officers shall remain [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 hi office for one year, and until their successors
in office shall be elected and qualified, and it shall be their duty
before their t.irne expires, to give at least ten days' public notice
to the qualified voters under this act to meet at such place as they
may name in such town, and elect a new board of president and
trustees for said town, and all vacancies which rmay 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 1pro-
ceedings of said meeting shall always be public and all their ordi-
nances before taking effect shall be published, for at least ten days,
'r'EnIEIToRrAL LAWS. 207
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 slrall constitute a. quorum.
SEC. S. Ali 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 will at all times show the tree situation of the same, to
such :i; may desire to inspect the same, and the president and
trustees shall have full power to enforce their ordinances, liy au—
thorizing the person or persons by them appointed to collect any
tax imposed in pursuance of this act to collect the same by dis-
tress, and sale of goods and chattels of the person chargeable
with the sazne, on giving at least fifteen day's 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 bitch person, or so much thereof as
will pay the tax rice and in arrear• from. any such person, upon
giving, at least thirty days' notice of the time and place of hold-
ing such sale, paying to the owner or owners the uverplus, if any.
The president and trustees may impose tines for the breach of
their ordinances, but no fine shall be inflicted, on any one person
for any oire breach. of any one ordinance of more than ten dollars,
and not less than twenty-five cents, which fine, together with the
costs of suit, may be recovered by any justice of the peace by
action of debt, in the name 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 collecting 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.
Sxc. 9. Two—thirds of the qualified voters of any town in-
corporated according to the provisions of this act, shall have
268 TERI:WO:M Ir. LAWS. LAWS OF IOWA. 269
power to dissolve the same at any aunnal election for president
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 for 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 suc]i town,
of an intention to vote in favor of the dissolution of such cor-
poration.
SEC. 10. 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 statement i❑
writing of the polls at said first election, and it shall be the duty
of such president and trustees to deposit the same 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. 11. Whenever any town shall be incorporated by this
act, all other laws incorporating the same, or made to regulate
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 funds belonging to
such corporation in their hands, shall pay the saine 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 before any jnstice of the peace
in said county, and that all monies reeeived or collected by said
treasurer aforesaid, shall be considered as county funds and may
be appropriated as such.
SEC. 12. This act shall take effect from and after its 1i:1--
sa<ge.
Signed.
P. I1. ENGLE,
Speaker of the House of Representatives.
HENRY S. 13AIRD,
President of the Council.
FI. DODGE, Governor.
Approved, Dec. 6tli, 1836.
Transcribed verbatim, April, 1837-
CHAS. CORKERY,
Clerk to the P. & B. of T. of town of Dubuque.
LAWS OF IOWA.
RELATING TO CITIES ACTING UNDER SPECIAL CHARTER.
AN ACT to grant to the city of Dubuque title to certain lands.
IIEREAS, 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 t•he Mississippi river and t]ie
main west batik thereof, and has received o! the United States
patents therefor, and has expended and caused to be expended
large sums of money in running streets across, filling and improv-
ing said low lands and islands, and the sloughs and bonds of
water which intersect t]ie sanie, and
WHEREAS, .s&s, Doubts have arisen whether the title of said lands
is now in the State of Iowa, therefore :
■ SnoTioN 1. Be it enacted by the Genera! Assembly of the
State of Iowa!, That there be, and there is hereby granted and re-
leased 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 iniich of sections
number nineteen and thirty, in township number eighty—iiin,
north of range number three, east of the fifth principal meridian,
and also within so much of sections nninber 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 com-
mencing at a point where the north line of said section number
nineteen intersects with the west shore of Lake Peosta ; thence
270 t} LAWS OF IOWA.
southerly along the west shore of Lake Peosta, and of the slough
to the north-east 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 hun-
dred 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 tlie gov-
erninont of the United States, to where the same intersects with
the south line of t]ie said town of Dubuque, on section number
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 effect the rights of private individuals
holding title either from the general government or school
fund.
SEG. 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.
SEC. 3. This act to take effect from and after its publicaton
in the Daily Dubuque Times and Daily Iowa State Journal,
without expense to the State.
Approved March 3d, 1860.
I hereby certify that the foregoing act was published in the
Iowa State Journal, April 14, 1860.
ELIJAH SELLS,
Secretary of State.
AN ACT to enable incorporated towns and cities to acquire, hold, im-
prove and dispose of lands for public squares, parks, commons and
cemeteries.
Si orIoN 1. Be it enacted by the general assembly of the
State of Iowa, That any incorporated town or city may pur-
chase ]ands within or without its corporate limits for the public
LAWS ON lnWA. 271
use, as squares, parks commons or cemeteries, and niay enclose,
ornament anljniprove the same.
SEC, 2. Incorporated towns and cities within or withou t
whose limits, lands have been or may be dedicated to the public
for the uses mentioned in the preceeding section of this act, shall
have entire control of the same; and shall have power in case such
lands €ire deemed unsuitable or insufficient, for the purpose for
which t]iey,were originally, or may hereafter be granted, to dis-
pose"of and convey the same, and conveyances executed in ac-
cordance 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 reserved
for streets to accommodate adjoining property owners.
SEE. 4. This act being deemed by the General Assembly of
immediate importance, shall take effect and be in force from and
after its publication in the Daily State Register and Iowa
Homestead, newspapers published at Des Moines, Iowa.
Approved, April 5th, 1861.
I hereby certify that the foregoing act was published in the
Daily State Register, April 22d, A. D. 1864, and in the Iowa
Homestead April 27th, A. D. 1864.
JAMES WRIGHT,
Secretary of State.
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 payment of such new bonds by
the levy of specific taxes, and for this purpose altering and amending
existing charters and laws.
SECTION 1. Be it enacted by the General Assembly of the
State of Iowa, That municipal and public corporations, includ-
ing cities, towns and counties, are hereby authorized to settle,
272 LAws i 1H' lowA.
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 au-
thorized to issue new bond s, i n 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 isstirlg such new bonds shall be
allowed to plead in defense thereto any platter which. might
have been pleaded in defense of the old or former bonds: Pro-
vided, That no compromise shall be made without first submit-
ting the question whether sneh compromise shall be made to
the people, and shall be by them authorized by a majority of the
votes.
This act is intended to apply only to cases where cities, towns,
and counties have huretoforeissued bonds or securities for money
on account of any subscription to the capital stock of any rail-
road company, or on account of or in aid of any public improve-
ment, and the same remain outstanding, and any alleged debt
arising therefrom remains unpaid. But this act is limited to
the settlement of bonds and securities heretofore issued and out-
standing 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 en-
able the debtor corporations to settle the same in accordance
with the provisions of this act. And nothing herein contained
shall be construed to give the holders of existing bonds or se-
curities 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 char-
acter contemplated in this act.
This ant applies to counties, and to cities and towns, whether
acting under special charters or ruder the general incorporation
law.
New bonds issued, by virtue hereof, shall in no case lie for a
greater sum than the principal and accrued or earned interest
LA IV:, ul tuk'A.
273
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 anntit u, which interest may be payable at New York, 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, may provide for the annual payment 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 corporation; shall be cancelled
when paid, and destroyed in the presence of the council or super-
visors, who shall cause to be kept a register of all new bonds is-
sued, anil all coupons or bonds which are canceled and destroy-
ed. Such new bonds may be in such form, fur such amount
not exceeding principal and interest then due on the old bonds
or securities, and upon such time, not exceeding twenty-five
years, as may 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 proceeds
thereof, until he parts therewith order the direction of the coun-
cil or board of supervisors.
Suo. 2. The council or trustees of incorporated towns or
cities, or the board of supervisors of counties, are hereby invest-
ed with full power to bind their respective corporations by set-
tlements made pursuant to and in virtue of this act. But they
are directed and required, before any such settlement 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 natty deem beat. Ant the
hollers of existing bonds, shall, if required by public proclama-
tion 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 reg-
ister of such bonds, showing their date, number, amount, ma-
turity, and rate or interest; and no old bond or evidence of debt,
274
LAWS OF I(]{1A.
slia]1 in any case be allowed, audited, paid, or settled, until the
same shall be actually produced and surrendered, or established
by the judgment of a competent court. If it elects to set here-
under, the city, town, or county, by its proper governing body,
shall appoint not less than three nor more than five of its citi-
zens, a board of commissioners to execute the powers and duties
required by this act, of which board of commissioners the mayor
of the city, or town, or the chairman of the board of supervisors,
shall be ex officio a member; but no act of the board of com-
missioners in auditing or allowing bonds or debt:, or in settle-
ment thereof, shall bind the corporation until such act is reported
t ) 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 times be open to public
inspection. And the city, town, or county incorporation, shall
likewisekeep a record of all its ants and doing in the premises,
which shall also be open to public inspection.
Sr.c. 3. If new bonds or obligations are issued pursuant to
the power given by this act, the said corporations named in the
first section hereof, are hereby authorized, at the time they snake
their annual levy of general taxes for general revenue, to appro-
priate and set apart for the ensuing year, or for a given number
of year, a specific portion or per centago 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 may be by
ordinance, contract, or resolution,) the amount thus appropriated
shall be specifically applied to the purpose above named, .end
shall not be diverted to or used for any other purpose, and shall
not be liable to be attached, garnished, siezed, or taken on exe-
cution, by any creditor of the corporation, and such appropria-
tion shall be to all intents and purposes a mortgage or pledge of'
the portion or per tentage thus appropriated, in favor of the
parties holding such new bonds. The current expenses of the
corporation must be paid oat of the yearly or annual general
revenue not thus specifically pledged. If the general revenue
LAWS OF IowA. 175
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, suffi-
cient to supply the deficiency not provided for by the portion of
the general revenue thus set apart and pledged. And it :Ball 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 corporation from thus appro-
priating, or setting apart. or pledging such portion of its gener-
al revenue as is not necessary for the payment of its current
expenses, It' fur any reason the revenue raised in any one year
shall not be fully sufficient to pay 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 author-
ized to be issued.
Siw. 4. It' new bonds or obligations are issuel 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 an-
nually 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 por-
tion 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 provisions of this act, the same shall be
from that time forward a specific tax for the purpose of applying
an Or paying said new bonds or the interest thereon, and for no
other purpose, and neither said taxes northernoney raised there-
by, shall ever be diverted or used for any other object or pur-
pose, 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, garnish/Lout, levy, or appropriation by the holders
276
LAWS OF IOWA.
of debts or judgments against the corporation unless such judg-
ments are obtained on tire 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 or the corporation as provided irr this act.
If the corporation ag,rees to pay, in addition to the annual in-
terest, some specific portion of the principal each year, such new
bonds shall be in such. form as to enable this to be done, and the
amount paid from year to year to be detached from the bonds
and cancelled. Said specific taxhereby authorized shall be levied
at the same time that other taxes are levied, and shall be colleetted
in the same manner, but nothing but money shall be receivable in
payment of such. tax. And this act shall be construed as an
amendment to the charter of cities, and to the general incorpora-
tion act, being chapter fifty-one of the revision, and also as en-
larging the powers now given bylaw to the counties of the State.
But no ereditor of any public or municipal corporation who re-
fuses 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 it the court is satisfied that there is any evasion or delay
in the performance of this duty on the part of the corporation,
it is hereby invested with the power. and it is hereby tirade the
duty of the court itself to enter and order levying such tax, ttnd
to charge its own officers with the duty of collecting it, and for
this purpose they shall have.: all the powers, ;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 seizure and sale on execution,
issued upon such judgmerit; the general revenue of the corpora-
tion 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 purposes of paying the new bonds herein
■
LAWS OF [OIFA. `r%i i
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. :ulj nsted under the provisions of this act. Its benefits are
designed for acid limited to these (those) who voluntarily make
art adjustment under its provisions.
SEC. 5. This act shall be deemed to b.e 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 irrepeal-
able.
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 in-
debted, or which do not issue new bonds in settlement of former
ones.
SEC. 7. The provisions of this act shall be deemed incorpora-
ted in the new bonds issued by virtue hereof. Any of the bonds
hereby authorized may at the pleasure of the corporation be paid
prior to the time therein fixed for payment, in which ease the
holder can only demand the principal and interest up to the time
of payment.
Six. S. Power is hereby given to the board of commissioners,
provided for in this act, to advertise from time to time in such
papers as they may think best, and invite the existinxr board hold-
ers of the corporation to state to the commissioners: 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 un-
der this act. ad. The terms on which they will surrender to
the city, town, or county (as the case maybe,) old bonds for cash.
The result shall be reported front time to time to the _proper gov-
erning body of the corporation. for such action as it may see pro.
per to take in the premises under the provisions of this act. If
it is ascertained that the ofhi's to surrender for ready money are
118 I.A.ws OE IOW/.
the most advantageous, the new bonds herein authorized may be
sold for cash, but in no case less than par, and to no greater ex-
tent 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 connty treasurer, and paid out only upon
the direction of the council or board of supervisors; for the safe
keeping of which the said treasurers shall be liable on their offi-
cial bonds, the amount of which may be increased from. time to
time if necessary, to secure the corporation from loss. Money
thus obtained shall be exempt from attaclunent, garnishment, or
levy; and if garnished, the corporation, its officers and commis-
sioners, shall not be held liable thereon .
SEC. 9. City and town corporations are invested with power
to pass resolutions and ordinances, and counties to pass resolu-
tions and orders, necessary to carry into execution the powers
herein given.
Sm. 10. No compromise shall be made under the provisions
of this act until tite proper council or board of supervisors 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 subinit
the question to the voters of said town, city or county
(as the ease may be,') at some general or special
election. The form of the question submitted may be
substantially 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
east 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 com-
pel them to exercise the powers. If the majority of the votes
east are "no," then the powers given by this act shall not be ex-
ercised by such town, city, or county. The question may be re-
submitted to the voters after being voted "no." but such re-sub-
i
11
0
a
LAWS 0r IOWA.
-270
mission must not be within twelve months of first sub -mission.
If adopted o11 such re -submission by a majority of the votes east,
then it shall be lawful for such town, city or county, to exercise
the powers given by this act. The notice of the submission, in
this section provided for, shall be such as the board of supervisors,
or proper 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.
S1_o. 11. The provisions of this act shall not apply to counties
having a population of less than five thousand inhabitants; nor
to cities having a population of less than three thousand five
hundred inhabitants, as shown by the census of 1867: .i0-
vided, That any action or proceeding under the provisions 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 pre-
vent tite corporations herein named from settling their debts
without a resort to the powers contained in this act; and no bond
shall be regarded as !laving 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
fee thereof do not profess to have been issued under the pro-
visions 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 authorized 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,
1M. then the old bonds and coupons are to be surrendered to the pro•
per 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
28f)
LAWS W' I0W 1.
deposit of old bonds above authorized may be with or without
the benefit of the specific levy herein authorized, as may be
agreed upon by the parties.
SEC. 14. This act, being deemed of immediate importance,
shall go into effect when published in the Iowa State Register
and Iowa Evening Statesman.
Approved April 2, 1868.
I hereby certity that the foregoing aet was published in the
Daily State Register April 4, 1868, and in the Iowa Evening
Statesman April 4, 1868. Ell. WRIGHT,
Secretary of State.
AN ACT for the registry oC electors and to prevent fraudulent
voting.
Sno•riox 1. Be it enacted by the General Assembly of the
State of Iowa, That it shall be the duty of the township assess-
ors at every annual assessment to record in a separate book of
suitable size, to be provided by the hoard of supervisors of the
county, the full name and place of residence of every resident
voter in the township who is or who may become a qualified
elector previous to the next general election. Said list, properly
certified, shall be delivered to the township clerk on or before the
first day of July in each year, after the year A. D. 1868.
Sic. 2. The township trustees and clerk steal] constitute a
board of registry for their respective townships, and shall meet
after the year 18i18, annually, at the office of the township clerk,
on the 1st Monday in September, at 9 o'clock A. for thepur-
pose of making a list of all qualified electors in their respective
townships. —This list shall be called and known as the Register
ref Elections.
Sno, 3. The register of elections shall contain the names in
full, alphabetically arranged, according to their surnames, so as
to show in one co]mmm the name at full length, and in another
r
1,.\ \\ - c)l 10w A.
281
column opposite, in cities and incorporated villages, the residence
1.ry number of dwelling, if there be a number, and the name of
the street or other location of the dwelling -place of each person.
This ; inter shall be made from the assessor's list and from the
poll -books of the next previous election. Said register shall be
kept by the township clerk, who shall, within two days after the
adjournment of the board, cause it certified copy of said register
to be posted up in a conspicuous place in his office, which shall
be accessible to any elector of the township who may desire to
examine the same.
SEC. 4. The board of registry shall hold a meeting at the
place where the last general election was held, or, if from any
cause it cannot be held at such place, then at some place to be
designated by notice published in at least one paper printed in
the township, or posted in at least. three public places therein,
on the Tnesday preceding the general election of each year, at.
which they shall revise, correct, and complete the register of the
elections, and they shall ]sear any evidence that may be brought
1'r•fcire them in reference to such correction. They shall be in
se lion for this purpose from J o'clock A. M. until 5 P.
and from day to day thereafter, and until they sha]I deem the
register properly completed.
SEC. 5. In case of corporation elections, it shall be the duty
of the clerk of the city or town to prepare, from the poll —books
of the last preceding annual election of said corporation, an
alphabetical register of the electors as prodded in section 3 of
this act, and [he] shall post up one copy thereof in each ward at
the place where the last preceding election was held, one month
preceding such election, and furnish the original to the board of
registry at their next -meeting. The board of registry for said
cities and towns shall consist of the mayor, assessor, clerk and
marshal, who shall meet, for the purpose of correcting the regis-
try, one week before such election, at the usnal pace of meeting
of the city council or trustees, and after having corrected the
registry Of voters, in each ward, as contemplated in the general
(30
28'LAWS or• IOW A.
provisions of this a et, said board Shall cause a certified copy of
s€rid registry for each ward in said town or city to he delivered to
the election board of such wards at or befin•e the time of opening
the polls. After the canvassing of the votes, the registries shall
be attached to the poll -hooks and tiled in the office of the clerk
of the city or town, for the use of the succeeding board of regis-
try. The general provisions of this act shall extend to incorpor-
ated towns and cities so far as the same may be applicable. The
nacres of all persons not qualified as electors shall he stricken
from the register, and any person appearing to register his name
may- be challenged 1 y any elector or member of the hoard, anil in
case of such challenge shall be examined on oath touching his
qualifications as an elector, which examination may or may not
in the discretion of the board, be reduced to \rritiiig ; and if it
shall appear upon such examination that the person i.sentitled to
be registered, in the opinion of the board, or if, after such exami-
nation, the said person will take an oath that he is, or will he at
the election for which the registry is made, a legal voter, stating
the ward, district, or township, iii which he resides, and comply-
ing in other respects with the requirements of the oath now ad—
ininistered to am elector in case of his being challenged, then the
board shall cause the mine of said person to be registered.
Si•;a. 6. The register of elect.ions•shall at all tunes he open
to inspection at the office of the township clerk without charge.
Sic. 7. The board of registry stay appoint a clerk, in the
absence of the township clerk, and may administer oaths in all
eases coming before there for action.
SEO. 8. It shall be the duty of judges of' elections to desig—
nate one of their number to check the name of every person
voting, whose nacre is on the register. No vote shall be received
at any general or special election hereafter held in this State, from
any person whose name does not appear on the register, unless
the person offering to vote shall furnish the judges of election
his aflidavit, showing that he is a qualified elector, and a proper
reason for not appealing before said board on the day for eoi rert-
■
iI
LAWS or IOW_1. 283
ing said register, and prove by the affidavit of a person whose
name is on said register that lie knows such person to be a resi-
lient of such township, and, if in a city or ineoipora.ted
giving the place of residence in the manner required to be en-
tered on the register, which said affidavits shall be filed in the
office of' the township clerk_
Sr;o. 9 The members of the board of registry shall receive
the same compensation as is allowed by law for judges of elec-
tion ; tbi each day actually employed in snaking, completing and
]:dusting said register. The necessary blanks, and materials to
carry out the provisions of this act, shall be provided the same
as other election blanks and materials.
Si o. 11). Any person who shall cause his name to be regis-
tered, knowing that he is not, or will not become •a qualified
-voter in the township where his name is registered, previous to
the next general election, or who sliall wrongfully personate any
registered voter, and any person causing, aiding, or abetting any
person in any manner in either of said acts, shall be guilty of
felony. and upon conviction thereof shall be punished for each
and evet.v offense by imprisonment in the State prison not less
than one year. Any person who shall swear falsely before said
board to material thcts as to his qualifications as an elector, shah
be deemed guilty of perjury, and on conviction thereof shall be
punished as provided by law.
SFr,. 11. After the canvass of votes at each election, one of
the poll -hooks and register of elections shall he attached together
and filed in the office of the township clerk for the nse of the
board of'.registry at their next annual election.
SEC. 12. The township trustees and township elerk shall
meet at the office of the township clerk on the first Monday in
September, 1868, at 8 o'clock A. I I., and proceed to make a list
of the qualified voters in their respective townships as provided
for in section 3 of this act., except as to the residence, which may
be oniitt.ed.
284 ws
SEC. 13. The board shall procure and have Before. them the
poll -book of the previous election, lathe absence of the assessor's
list, as provided for in section one of this act ; and they may add
the names of any persons residing in the township whom tliey
believe to be qualified electors ; and the register shall within two
days after the adjournment of the board be posted in the manner
provided for in section 3 of this act, and such register shall for
the first year be, for all intents and purposes, the register provided
in section 3, and shall be revised and corrected at the meeting of
said trustees at their meeting on the Tuesday preceding the
general election in each year.
SEC. 14. In cases of special elections, the township clerk
shall t urnish to the board of registry of • their respective town-
ships, ten days before such election, a dilly certified copy of the
corrected registry for the last preceding general election, at a
meeting of said board, to be held at the usual place of meeting,
when they shall proceed to correct and perfect said registry as
provided in this act.
Approved April 8, 1868.
LAWS OF IOWA.
CHAPTER X, TITLE IV, CODE Ole` 1873.
SO FAR As A1'1'LICAi3LE TO CITIES ACTING UNDER SPECIAL
CIIARTFR
SECTION 464. They shall have power to Iay off, streets, alleys,
and pniblic
widen, straighten, narrow, vacate, extend establish grounds, a n
railways. B.
and light streets, alleys, public grounds, wharves, K,c• Imo+•
landings and market places; and to provide 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 location 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 and laid down until after the injury to
property abutting upon the street, alley or public
places upon which such railway track is proposed to
be located and laid down has been ascertained and
compensated in the ananiier provided for taking pri-
vate property for works of internal improvement in
chapter 4 of title TO of Code of 1873.
SEC. 465. They shall have power to provide fCll' r n d n g n f
811reets; can-
tlle grading and repairs of any street, avenue or alley, strWuctiL'L'6.un n f
gC
and the construction of sewers, but no street shall he sr-.2: sec. 14
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 eliapter 51, acts of Fifteenth General Assent-
' b1y as found hereinil
SEC. 466. They shall have power to construct side- sineh}}°4FLj78.elks•
hii,*
walks to curb gavegravel, macadamize, And gutter speainit
> > pave, � n sent pro
ax; as-
porty
ow
any highway or alley therein, and to levy a special samnere,ss.ea, 2.
tax on the Iots and parcels of land' fronting on such
highway or alley to pay the expense of such im-
provement. But unless a majority of the resident
owners of the property subject to assessment for such
286
L.&W OF IOWA.
improvement petition the council or trustees to make
the same, such impr'ovemelrts shall not be made until
three -fourths of all the members of such council or
trustees shall, by vote, assent to the slaking of the
same.
-Expense as- SEC. 467, They shall have power to repair peI tna-
sessed euprop-
Erty. nent sidewalks, and to assess the expense thereof on
Same, sec. 3.
the property in front of which such repairs are grade.
Temporary SEC. 468. They shall have power to provide for the
grdewalke; ex-
pensc limited. laying of temporary plank sidewalks upon the natural
3aane, seo.5, y b 1 Y
surface of the ground, without regard to grade, on streets
not permanently improved, at a cost not exceeding
ibi'ty cents per lineal foot, and to provide for the as-
sessment of the cost thereof on the property ill front
of which the same shall be laid.
When grade of SEC. 469. When any city or town shall. have es -
streets is
changed after tablished the grade of any street or alley, and any per -
buildings are
egesrectedto dame -son shall have built or trade any improvements on
be as -
paid and such street or alleyaccording to the established grade
cR'4a, 14 U. A.thereof, and such city or town shall alter said estab •
lisped grade in such a mariner as to injure or dimin-
ish the value of said property, said city or town shall
pay to the owner or owners of said property so injur-
ed the amount of such damage or injury, which shall
be assessed by three persons —one of whom shall be
appointed by the mayor of such city or town, one by
the owner of the property, and one by the two so ap-
pointed, 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 prop-
erty 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
LAWS nF IOWA.
28i
paid or tendered to the owner of the property so in-
jured or damaged. The appraisers shall be sworn to
faithfully execute their duties according to the best of
their ability. Before entering upon their duties, they
shall give notice by publication 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 making their assessment. They
shall view the premises, and, in their discretion, re-
ceive any legal evidence and may adjourn from day to
day. When the appraisenrent shall be completed, the
appraisers shall sitin 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 annulled, all the proceedings
shall be void, but if confirmed, an order of the con-
firmation shall be entered. Any person interested-Anpcal.
may appeal from the order of confirmation to the cir-
cuit court of the county in which such city or town is
situated, by notice in writing to the mayor at any time
before the expiration of twenty days after the enter -
in; of the order of confirmation. TTpon the trial of the
appeal, all questions involved in the proceedings, in-
cluding the amount of damages, shall be open to in-
vestigation, and the burden of the proof shall, in all
cares, be upon the city or town to show that the
proceedings are in conformity with tliis section. The
cost of any proceedings incurred prior to the order
of such city council or trustees confirming or annul-
ling the. appraisernent, shall in all eases be paid by
such city or town.
SEo. 470. They shall have power to purchase or Land purchas-
ed or rend cum -
condemn, and pay for out of the general third, and en- ed for public
urposes.
ter upon and take any ]ands within or without the ter- C, asv, lu r. A.
C. 9{Y,lliC}.A.
ritorial limits of such city or town for the use of pub-
28r
LA.WS [Yr IOWA.
lic squares, streets, parks, commons, cemeteries. hos-
pital grounds, or any other proper or legitimate
u innieipal use, and to inclose, ornament and improve
• the same. Tliey shall have entire control of the same,
and shall have power, in case such lauds are deemed
unsuitable or insufficient for the 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 ail rights
and claims of any such tower or city to such lands ex-
istirla' prior to such conveyance. But when such lands
are so disposed of and conveyed, enough thereof shall
be reserved for streets to accommodate adjoining
properly owners.
SEC. 471. They shall have power to erect water
Water works
qec- 1, 14 works, or to authorize the erection of the same; but
Cr.A.
no such works shall be erected or authorized until a
majority of the voters of the city or town at a general
or special election, or four -fifths of the members of the
council or hoard of trustees thereof, by vote approve
the same.
Same. SEC. 472. They shall have power to construct or
c.18, secs. 2, s, authorize the construction of such wont without their
4,140.A.
limits, and for the purposeof inaintainingand protect-
ing the same from injury, and the :water from pollu-
tion, their jurisdiction shall extend over. the territory
occupied by such works and all reservoirs, streams,
trenches, pipes and drains, used in, and necessary fbr
the construction, maintenance, and operation of' the
same, and over the stream or source from whic.lr the
water is taken for five miles above the point from
which it is taken; and to enact all ordinances and reg u-
latious necessary to carry the power herein conferred
into effect.
LAWS OF IOWA.
289
Si:r.. 473. When the right to build and operateiwegene t ted iTl-
such. works is granted to private individuals or incor- Same,`serluaa1s
porated companies by said cities and towns, they may
make such grant to insure for a term of not rnore than
twenty-five years, and authorize such individual or
company to charge and collect from each person sup-
plied by there with water, snag' water rent as may be
agreed upon between said person. or corporation so
building said works, and said city or town; and such
cities or towns are authorized and empowered to enter
into a contract with the individual or company eon
strutting said works, to supply said city or towel with
water for Fire purposes, and for such other purposes as
may be necessary for the health and safety thereof,
and to pay therefor such seen or sums as may be
agreed upon between said contracting parties.
SEC. 474. Said cities or towns are hereby author-
ized to condemn and appropriate so much. private Lane, aoc. s.
property as shall be necessary for the construction
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 coporation the said
power to take and appropriate private property for
said purpose.
SEC. 475. Ail cities and incorporated towns con-
structing such works are authorized to assess from
time to time, in such manner as they shall deem equita-
ble, upon each tenarrrent or other place supplied 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 he sufficient to pay the expenses of
Assess water
rents as a spe-
cial tax, cor-
le tion of,
amount.
Same, see. S.
290
LAWS OF IOWA.
running and operating such works, and if the right to
build, maintain, and operate such works is granted to
private individuals or incorporated companies by such
cities or towns, and said cities or towns shall contract
with said individuals or companies for a supply of
water for any purpose, such city or town el.al'. lev?
each year, and cause to be collected, a special tax as
provided for above sufficient to pay oil such water
rents so agreed to be paid to said individual or com-
pany constructing said works; Provided, however,
That said tax shall not exceed the sum of five mills
on the dollar for any one year, nor shall the same be
levied upon the taxable property 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 be-
fore inaking said levy.
Proceedings S> c. 476. \'Linen it shall be deemed necessary by
When private
property Is any such corporation to enter upon or take private
condemned.
It. s0ee,I3. Ion(}s..A. property for any of the above uses, an application
C. S
in writing shall be made to the circuit court, which
application shall describe as corrnct.ly- as may be, t]ie
property to he taken, the object proposed, and the
owners of the property, and of each lot or parcel
thereof known, and notice of the filing thereof :hall
be given as is required to commence a civil action in
said court. After such notice shall have been given,
the conrt 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 pro-
cedure therein shall be the same, so far as applicable,
as in an action by ordinary proceedings. The assess-
n_ent shall be made so that the amount payable to
each owner may be ascertained either by allotting it
to each over by name or on each lot or parcel of
land, and the inquiry and assessment shalt in other
respects be made by the jurors under such instructions
LAWS OF IOWA. 291
as shall be given by the court. The jurors shall be
sworn to make the whole inquiry and assessment, but
may be allowed to return a verdict as to part and be
discharged as to the rest in the discretion of the court,
and in case they shall be discharged from rendering it
vei iict in whole or in part, another jury may be em-
paneled at the earliest convenient time, which shall
make the whole inquiry and assessment, or the part
not inaade, as the ease may be.
Sue. 477. When the amount of compensation dnedcpoent or
to any of the owners, of the property to be taken shill secs one%reeu
takon, costs.
be ascertained, the court shall snake such order as to x. sac. loss.
its payment or deposit as may be deemed just and
proper, and may require adverse claainiSi.ntsto any part
of the money or property to interpleaid, 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 Lnay, 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 occasioned by the
inquiry and assessment shall be paid by the corpora-
tion, 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 assesrnent of com-
pensation, or in taking possession, shall be occasioned
by any doubt which may arise as to the ownership of
the property, 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 aseorn-
pensation for the whole of the property, or the part in
dispute; and in all cases as soon as the corporation
shall have paid the compensation assessed, or secured
i.ts payment by a deposit of money under the order of
the court, possession of the property niay be taken
and the public work or improvement progress.
292
LAWS OF IOWA,
Assessor ent SEG. 478. Eacli municipal corporation may, 1)y tt
on lots, how
tree
70general ordinance, prescribe the mode in �i hic]i the
ed.88.
charge on the respective owners of lots or lands, and
on the lots or lands, shall be assessed and determined
for the purposes authorized by this chapter; such
charge, when assessed, shall be payable by the owner
or owners at the time of the assessment 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 ]ieii 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 payment to be made. In any such pro-
ceedings, where pleadings ate required, it shall be
sufficient to declare generally for work and labor done,
and materials 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 there embraced in any one assesslneiit,
but the judgment or decree shall be rendered sepa-
rately for the amount properly chargeable to each.
Any proceedings may be severed, in the discretion of
the court, for the purpose of trial, review, or appeal.
Recovery had Sao_ 479. In any such proceeding, where the
or charge en-
pei alty.with court trying the same shall be satisfied that the work
R. sec. lass.
has been done, or materials furnished, which, accord-
ing 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 be
chargeable on such lot or ]and, notwithstanding any
informality, irregularity, or defect in any such muni-
cipal corporation or any of its officers. But in such
I..\ WS OF IOWA..
case the court may adjudge as to coots as may be
deemed proper, and in cases where an assessment
shalt have been regularly made, and payment shall
leave been neglected or refused at the time when the
same was required, any municipal corporation niay be
entitled to demand and recover, in addition to the
amount assessed 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 niay be
rendered. The provisions and power conferred in this
reeding
chapter from section four linndrecl and sixty-five to tPeencsectionsfif-
to apply section folk° hundred and seventy-nine, inclusive, shall eitiee actintog
under special
apply to cities acting under special charters. charter.
AGTS OF SIXTEENTH GENERAL ASSEMBLY.
CHAPTER LTV.
RELATING TO TIIF CONSTRUCTION OF SEWERS.
AN ACT to authorize cities organized under special char- s• F. 3a.
ters to provide for the construction of sewers. {Addi-
tional to Code, Chapter 10, Title IV : of Cities and Incor-
porated Towns,"]
Be it enacted bad the General Assembly of the ,State of Iowa :
SECTION 1. That all cities in this state organized
and exising under special charters, having a pvpula—what. cities
tion of not less than ten thousand as shown by the may.
last preceding state census, may provide by ordinance
for the construction of' sewers, or may divide the city
into ,sewerage districts in such manner as the council
may determine, and pay the crest of constructing same
out of the general revenue of the city, or assess the cost
upon the adjacent property, or may levy a certain sewer-
age tax within the sewerage district. out of which to pay
214
r._%.WS OF IOWA.
for the construction of the same, which sewerage tax
shall not exceed in any one year, two mills on the dol-
lar of the assessed value of the property within such
How cost of district. Or may pay a part of the cost of such con -
construct i a n
shall be paid. atl'tictioIt oiit of the general revenue, a part by the as-
sessment of adjacent. property, and a part by levying
a tax upon all the property within the sewerage dis-
trict, or may pay for the same by pursuing any two
of the methods herein named.
To be done nu SEC. 2. It shall be the duty of such City Confi-
der contract.
cif to require the work of constructing such sewers to
be done under cataract therefor to be entered into with
the lowest responsible bidder, and bonds with surety
for the faithful performance of such work s1ta11 be re-
quired to be given by the contractors.
Provided, That all bids for such work may be re-
jected by such council, if by them thought to be ex-
orbitant and new bids ordered.
Proctsioris re- SEC. 3. All special tax levied for the constrne-
spectSng °Pe- tion of sewers under this act shall be payable by the
cial tax :Iron
upo : proper
ty wi�fch may owners, personally at the time of such assessment, and
be sold as for
o r d i n a r Y shall also be a lien upon the lots and lands so assessed
taxes.
and shall liea.r such rate of interest, and the said prop-
erty assessed may be sold fur the 1:payment thereof in
the same manner at. any regular or adjourned sale or
special sale celled therefor, with the same forfeitures
penalties and right of redemption and certificates, art[1
deeds ou such sales shall 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 such cities re-
spectively as now or hereafter provided by law in re-
spect thereto, or the City Connell may provide by or-
dinance for the sale of such assessed property at a
special tax sale to be called therefor, after giving no-
tice therefor three consecutive. weeks in one of the
■1
LAWS s>r' IuWA,
295
newspapers published in said city ; the last of which BY pebliehli,g
publications shall be at least ten days before the day
of sale.
SEC. 4. Such City Council naay provide by ordi- City Council
to provide
dance for the particular mode of making and return- mode ent-
of at-
sessm
ing the assessments hereinbefore authorized, and pay-
ment of such assessments may, if SO directed by said
council, be enforced by suit in court, in the rnanraer
and by the proceedings provided for by sections 478,
479, and 481 of the Code.
SEC. 1. Nothing in this act contained shall take
Cndo
away-, impair or interfere with the powers conferred 485 e notsetoctib�n
by section 465 of the Code for the construction of sew- impaired.ers, and payment therefor hi whole as therein pro-
vided.
SEC. 6. The City Council shall have power to
provide, by ordinance, terms and conditions on which
cross sewers may be attached to nr connected with
main sewers ; and in_ cases where sewers have been
constructed in whole or in part by special assessment,
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.
SF:C. 7. Provided That any t:lich city which has
Yroc•isa.
heretofore adopted a system of sewerage by which the
cost of construction has been paid out of the general
revenue, shall not he permitted to abandon such sys-
tem, anything in this law to the eontrary notwith-
standing.
Six. 8. This act being deemed of immediate irll: Totake effect.
portance, it shall take effect from and _ after its publi-
cation in the Des Moines State Register, and the
Des Moines State Leader, without expense to the
State.
Approved, March 8, 1876.
Cross sewers.
296 LA11-s )10 IOW A.
I hereby certify that the foregoing act was publish-
ed in the Iowa State Register, :larch 14, and in the
Iowa State Leader, March 14, 187 6 .
JOSIAH T. Y Ou.NG,
Secretary of State.
CHAPTER, XC.
errs' ASSESSORS.
H. F. 488. AN ACT Providing for the Election of City Assessors in
Cities Organized and Existing under Special Charters.
LAdditional Chapter 10, Title IV : "Of Cities and In-
corporated Towns."]
Be it enacted by the General Assembly of the State of Iowa:
SECTION. 1. That the qualified electors of all cities
organized and existing under special charters, shall, at
their regular annual election, elect one City Assessor,
who shall hold his office for the term of one year and
until his successor is elected and qualified .
SEC. 2. This act being deemed of i rn m ediate im por-
tance, shall be in force from and after its publication
in the Iowa State Register, and the Iowa State Leader,
anything in section 33 of the Code to the contrary
notwithstanding.
Approved March 14, 1876.
I hereby certify that the foregoing act was pub-
lished in the Iowa State Register, March 16, and in
the Iowa State Leader, March 16, 18'76.
JOSIAH T. YOUNG,
Secretary of State.
Cities u n rI e
special c h a r-
ter.
One Assessor.
To take effect.
1..A11 4 ill,` IOWA.
CHAPTER CX.VI.
RELA'i'ItiC1 TO CITIES ORGANIZED UNDER SPEC' AL
a1 to RTE Rs.
297
AN ACT relating to Cities Organized and Existing under H. F. 213.
Special Charters Conferring Additional Powers, and
Amending the Charters of such Cities. [Additional to
Code, Chapter 10, Title IV ; "Of Cities and Incorpora-
ted Towns."]
Be it enacted by the General Assembly of the State of Iowa :
SECTION 1. All cities in this State organized and To provrae by
❑rdinance
existing under special charters, may provide by ordi- 122
become
Nance when taxes both general and special shall be - delinquent,
come delinquent; and the rate of interest which they
shall thereafter bear, which rate shal]not exceed
twenty-five per cent. per annum; and for the sale of
delinquent, special and general taxes, on such terms
and at such a rebate of the principal or interest, or
both, as the City Council may determine; and in the
notice required by law to be given it will be sufficient Sufficient ne-
tiae of sale.
to state the description of the lot or parcel of real
estate to be sold for delinquent 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 pre-
vious years without 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
t.lie 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 or parcel of real estate.
SEC. 2. In all advertisenients for the sale of realk�urQam vbe
need.
property for taxes, and in entries required to be Inade
in any manner connected with the assessment or col-
lection of taxes, letters and figures may be used to
(8)
29S LAWS OF IO A_
denote numbers, fractions of numbers, and amounts,
as are commonly used in other business transactions,
Irregularities, and no irregnla.rity or intorwalityin 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 taxation for the year or years for which
the same was sold, and that the tax was due and un-
paid at the time of sale; and in all cases the adver-
tisement 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
make a personal demand of taxes shall not affect the
validity of any sale or the title to property acquired
under such sale.
Special taxes; SEC. 3, The City Council may provide by ordi-
interost. Hance 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 remaining
Collection, due and delinquent at the date when the annual taxes
become delinquent, shall be collected at the thine and
in the manner the anneal delinquent taxes are col-
lected, and the same shall be included with the an-
imal delinquent taxes, if any remain 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 specially called therefor, and the
kind of notice to be given, and may also provide for
Code secs.
478 the collection of such tax by snit, such as is authorized
by sections 478 and 479 of chapter 10, title 4, of the
Code.
SEC. 4. The collector shall in all cases, make out
I,AWS OF IOWA.
and deliver to the tax payer a receipt, which receipt
shall contain the description and assessed value of
each Jot or parcel of real estate, and the assessed value
of personal property; and in case the property has
been sold for taxes and not redeemed, the date of such
sale and to whole sold, also, the amount of tax, inter-
est 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
conncil may provide 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 herein contemplat-
ed shall be conclusive 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
provide that for any failure or neglect on the part of
the collector, or on the part of any one acting as a col-
lector, he and his bondsmen shall he liable to an action
on his official bond for the damages sustained by any
person or the city through such neglect.
Sxc. 5. The collector of taxes, or persons anthoriz- collector shau
make cortitl-
ed to act as collector, shall make, sign and deliver to chase °f Pur-
the purchaser of any real property sold for the pay-
ment of any taxes authorized by the provisions 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 effect as certificates issued by
county treasurers for the sale of delinquent county -
taxes.
299
Receipt by.
collector.
Council m ay
provide:
SEC. G. Real property sold under the provisions of Redemption.
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 provided —by
payment to the collector, or to the person authorized
to act as collector, to be held by him subject to the
300
LAWS OF IOWA.
order of the purchaser on surrender of the certificate,
or in case the same is lost or destroyed, on his snaking
affidavit of such fact, and ot the further fact that it
was not assigned, of the amount for wl.ich the same
was sold, and twenty per centnni of such amount im-
mediately added as a penalty, with ten per cent. in-
terest 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, 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
annum 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 unless such
subsequent tax or taxes shall have remained unpaid
for thirty days after they become delinquent."
[NOTE —As amended by chapter 174 p. lea acts Seventeenth {General
Assembly.}
Certificate 0 f The collector, or person authorized to act as collec-
redemption.
tor, shall, upon the application of any party to re-
deem real property sold as aforesaid and being satis-
fied 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 Cole, and shall snake the proper entry
thereof in the sale book, which redemption shall there-
upon be deemed completewitl:iont further proceedings.
, and 894, too provisions of sections 892, secs.
The893,894, and of
893an
apply. chapter 2, title 6, of the Code, shall so far as the same
are applicable, and not herein changed or modified,
apply to sales of real estate for delinquent taxes here-
in contemplated, Provided, That where the words
LAWS DID' IOWA.
"treasurer of the county," or "treasurer" are used in
said sections, the words "collector of the city," or
"coIlector," or person authorized to act as collector
shall be substituted.
301
SEC. 7. Immediately after the expiration of ninety Deed £ ocholder -
days from the date of service of the notice, as pre -chase. par -
scribed 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 return of the certifi-
cate ot purchase, any number of parcels of real estate
bought by one person, may he included in one deed,
if reqnired by the purchaser. Deeds executed by the
collector or person authorized to act as collector, mayForm.
be in form substantially 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 account of any general or special tax sales shall
have the same force and effect as deeds made by
county treasurers for delinquent county taxes, and the
purchaser, as well as the owner ot any real property
sold on account of such general or special delinquent
tax, shall be entitled to all the rights and remedies
which are granted and prescribed by sections 897,
898, 899, 900, 901, 902, 903, 904 and 905, of chapter
2, title 6, of the Code; Provided, That whenever
the words "county" or "county treasurer" are used,
the words"city" or "city collector" or persons author-
ized to act as collector shall be substituted.
SEc. 8. When the grade of any street or alley shall
have been established, and any person shall have built
or made improvements on such streets or alley accord-
uig to the established grade thereof, and such city
shall alter such established grade in such a manner as
Effect.
Rights a n d
remedies.
Grade of
street or alley.
302 LAWS OF IOW A.
to injure or diminish the value of said property, said
city shall pay to the owner or owners of said property
so injured the arnonnt of such damage or injury.
Damages to be SEC. 9. Said damage or injury shall he assessed by
assessed b y
commission" 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 same according to the best 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 making their assessments.
They shall view the premises, and, in their discretion,
receive any legal evidence, and may adjourn from
day to day; 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 be-
fore there.
Powers.
A niu a i se- SEo_ 10. When the appraisernent shall be complet-
ed the commissioners shall sign and return the saiue
to the City Connell within thirty days of their ap-
pointment.. The City Council shall have power, in
their discretion, to confirm orannnl the appraisernent,
and if annulled, ail proceedings shall be void; but if
Appeal from confirmed, an order of the confirmation shall be enter -
order of city ed. Any person interested may appeal from the
order of confirmation to 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 expira-
tion of twenty days after entering the order of con-
firmation. 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 such
Costs.
i..�« OF IOWA. 303
City Council confirming or annulling the appra.ise-
ment, shall in all cases be paid by such city.
SEc. 11. The City Council shall have power to re- city council
re
move commissioners, and from time to time appoint ,mamnniyssmovio:,-
e
others in the place of such as may be removed, refuse, ers-
neglect, or be unable from any cause to serve.
SEC. 12. That so much of section 1., chapter 51, sec. 1, chap.
acts of the Fifteenth General Assembly as requires 5moa;nedG. A.'
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 charters,
may provide by ordinance how such improvements council may
shall be made, and thereafter may order any alley to be wi hnut p ?
improved. graded or macadamized, by resolution pass- rrflnpert.yown-
e
ed by the affirmative vote of two-thirds of such coun-
cil, and on voting on such resolution the yeas and
nays shall be recorded.
SEC. 13. All property taken and condemned by
virtue or (of) any power heretofore conferred or here-
in 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 same, anything in any law to the contrary notwith-
standing.
SEC. 14. The City Council of any such city may regn- Council may
late and license sales by transient merchants, bankrupt regulate sales.
and dollar stores and the like. Provided, That the
exercise of such power shall not interfere with sales
made by sheriffs, constables, coroners, marshals, ex-
ecutors, guardians, assignees of insolvent debtors, or
other persons, required by law to sell real or personal
property.
Sue. 15. The Cit • Council of all cities actingAnnual tax or
nn- not to exceed
der special charters, with a population of not more iiper cent.
Property may
be condemned
without a c-
hum to en-
force the
satnn.
304
LAWS (F. IOWA..
than fifteen thousand inhabitants, as shown by the last
state census, shall leave power to levy an annual tax of
not to exceed three per cent. of the assessed value of
all taxable property within its limits, for the purpose
of defraying the annual current expenses of the city,
carrying on its municipal affairs and paying its bond-
ed indebtedness ; Provided, That no other or great -
When o f t y er assessmnent shall be made in any one year than the
road district.
constitutes a amount herein authorized, anything in any law tot e
contrary notwithstanding. AVhi1e all other cities act-
ing ender speeial charters may levy the taxes now au-
thorized by law, and when such city constitutes a road
district, niay 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 saki property being used
for agricultural, horticultural or gardening purposes,
shall be subject to a road tax not exceeding the sum of
forty cents for each one hundred dollars of the valua-
tion thereof, for the purpose of keeping in repair the
roads, streets and bridges lying within that part of any
such city where the property is not subject to taxation
fur city purposes.
When taxesSEC• 1G. When, by the provisions of special char-
aarected bto beymcolar-
- ters taxes, or revenue of any kind are required to be
le
ghal' collected by the marshal or any other designated offi-
cer, 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 of
houses.
Sur,. 17. Cities acting under special charters shall
LAWS OF IOWA.
have power to provide by ordinance for t]le number—
ing of houses by the owners or lessees thereof.
S1:c. 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 water, or
a water course of any kind, who shall by grading or
tilling such lot or tract of ground obstruct the flow of
water througli sueli water courses, to construct through
such Jot or land such a drain or passage way for water
as the council may designate, and to enforce the swine
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.
SEo. 19. All such cities shall have power to en- Poll tax.
force the payment of poll tax in such manner as it
may determine by suit, penalties or otherwise, as niay
be provided by ordinance.
Sc.720. In regard to the police powers, sanitary Polfoe power
regulations, and regulations for the prevention and etc.
spread of fires, and of contagious diseases, the enu-
merated powers shall not be construed as a litnitation
of the. general powers.
Sr:o. 21. No general law as to powers of cities or- General laws.
ganized under the general incorporation act, 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, unless the
salve shall have special reference to such cities.
Sr:o. 22. That section 7, chapter 238, acts of the section 7
chapter 2.48,
Sixth General Assembly of the State of Iowa, op- P h ld : A. re-
proved January 2 7 th, A. D., 1857, be and the same is
hereby repealed.
SFn. 23. This act being deemed of immediate iln- To take efteet..
305
When flow of
water is ob-
structed by
filling.
306
LAWS OF IOWA.
portance, shall take effect and be in force from and af-
ter its publication in the Daily Gate City, and Daily
Constitution, and Keokuk Post, newspapers published
in the city of Keokuk, and the Davenport Gazette,
and Davenport Democrat, and Der Democrat., newspa-
pers published in the city of Davenport, and in the
Dubuque Times, and Dubuque Herald, newspapers
published in the city of Dubuque, anything in sec-
tion 33, chapter 3, of the Code, to the contrary not-
withstanding.
Approved March 15, 1876.
I hereby certify that the foregoing act was published
in the Daily Constitution, March 21, Davenport
Democrat, March 23, Davenport Gazette, March 24,
Dubuque Times March. 25, Dubuque Herald, March
26, Der Democrat. March 28, Daily Gate City, March
29, and in the the Keokuk Post, March 29, 1876.
JOSI All T. YOUNG,
Secretary of State.
CHAPTER OXLIII.
REL 1TIti(r TO SUPERIOR COURTS IN CITIES.
S. F. 74. AN ACT to Provide for Establishing Superior Courts in
Cities of a certain Grade, [Additional to Chapter 10,
Title IV, of the Code; "Of Cities and Incorporated
Towns."'
Be it enacted by the General Assembly of the State of Iowa:
What eit.ies SECTION 1. That any city- in this State containing
may estabtiah. 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.
OF IOWA.
307
SEC. 2. Upon the petition of one hundred citizens Question o
eatab I f ehment
of any such city, the Mayor by and with the consent to be submit.
ted to cote.
of the common council, may at least ten days before
an mutual election for city officers, issue a proclama-
tion submitting, to the qualified voters of said city,
the question of establishing said court. At the same
election and every fourth year thereafter, (if the said
court is established) there shall be elected a judge of
the superior court, the votes for whom shall be upon
the sauce 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,
and the judge shall quality and hold his office for the
term of four years, and until his snecessor is elected
and qualified. Immediately after each election of
Said judge, the mayor of said city shall transmit a
certificate of the election of said judge to the Gover-
nor of the State, who shall thereupon issue to hire a
commission empowering hiin to act as judge as herein
provided.
SEC.. 3. Said judge shall be a qualified elector ofJacuquired g e—mentph i
the city, and be possessed of the legal acquirements and Fond.
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 thousand 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 qualification shall be to abolish
the office of police judge of such city.
SFc. 4. In case of a vacancy occurring in the said Vaoaucy.
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 annual city election, and
30S LAWS OF IOWA.
Terms
court.
nntil his successor is elected and qualified, who shall
be chosen to fill the unexpired term.
o f SEc. 5. Said judge shall hold at least one term of
court in each month, except in August, commencing
on the first Monday in each month, but as a police
court it shall always be open for the dispatch of
business.
Jurisdiction. SEC. 6. Saki court shall have jurisdiction concur-
rent 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 appeals and writs
of error to be taken in the saute 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 jurisdiction 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 ender such rules as the court
shall prescribe.
of SEc. 7. Changes of venue may be had from said
court in all civil actions to the circuit court in the same
manner, for like causes, and with the same effect, 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 district court, and
Changes
venue.
dim
LAWS OF' IOWA.
when criminal actions are tried in vacations, without
jury, an appeal will lie to the district court, as pro-
vided by law for appea]s in like cases from justices of
the peace.
SEC. 8, The said judges shall have the same power P o w ere o r
judge in Vacs -
in regard to injunctions, writs, orders and other pro- tion-
ceedings, 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 acknowl-
edgments and depositions (except depositions to be
used in his own court,) and solemnize marriages. Put
he shall not practice in any of the courts of this
State.
SEc. 9. The superior court shall be a court of record,
and all statutes in force respecting venue and com-
mencement of actions, the jurisdiction process, and
practice of the circuit and district court, the pleadings
and mode of trial of action at law or in egnity, and
the enforcement of its judgments by execution or
otherwise, and the € llowance and taxing of costs, and
the making of rules for practice or otherwise, shall be
deemed applicable to the superior court, except where-
in the same 'nay be inconsistent 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.
eleadinge
mndeA of tx3ai
rules of prac-
tice, etc.
SEC. 10. The said court shall have and rise its seal.
own seal, having on the face thereof the woid, "super-
ior court,' and the name of the city, county, and
State.
SEc. 11. As long as the business of the court can cibrk,
be done with convenience and dispatch, without a
clerk, the judge shall be the clerk of the said court.
Whenever, from the accumulation of causes and other
demands upon the court a clerk shall become neces-
310
Marshal.
I,A\V8 OF IOWA.
sary, the city recorder, or clerk, shall be the clerk of
the superior court, and shall receive such compensa-
tion for his services a.a 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 cir-
cuit court, and shall give bonds as required of the
said judge.
SEC. 12. The city marshal shall be the executive
officer of said court and his duties and authority in
court and in executing process shall correspond with
those of the sheriff of the county in the circuit court,
and with process from that court, and he shall receive
the sane fees and compensation as the sheriff for like
services. But the process of said court may be also
served by the sheriff.
compensuion Sac. 13. The judge of said court shall receive in
of judge. full compensation for his services the sum of two thou-
sand 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 wherein 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 oth erwise provided, and the clerk of the superior
court shall account for and pay over to the city all fees
that may 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 ilnsuccessfnl, the city shall pay
all costs, the same as provided by law for the county
in other criminal actions prosecuted in the name and
behalf of the state. The fees in criminal actions shall
be the salve as in justices courts, and shall be paid
and accounted for as hereinbefc're stated, and as other -
Costs.
Fees.
LAW OF IOWA.
wise provided by law for justices of the peace and
their courts.
SEC. 14. Upon the first regular consecutive call Jury,
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 ins attendance.
SFo. 15. In order to provide jurors fbr said court. seieetivz,
• jurors.
the j ndge, Mayor, and recorder shall immediately after
qualifying and every three months thereafter, snake
out a list of twelve navies of persons from the body
of the county in which the city is situated, qualified
to serve as jurors in the district court, w hiclh 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 persons in the saute lnanner as jurors are drawn
in the district court, and a precept from the court shall
issue accordingly five days before the first day of next
term, as provided by law in like cases in the district
court.
311
of
SEC. 16. The jury shall consist of six qualified ltiumber of
jurors, unless a jury of twelve is demanded, in which Ju
ry.
case the clerk may issue a special venire for that pur-
pose 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 demanding the saline,
shall deposit with the clerk the sum of six dollars to
be paid said jurors and taxed with the cost,) Thepay Fees.
of the regular jurors shall he one dollar per day of six
hours, and mileage as provided by law, to be taxed
312
Appeals.
Judgment
liens.
TAWS OF rOWA..
with the costs not exceeding twenty—five dollars in any
one case ; the rest of the 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
shall be taken to the supreme court in the same man-
ner and under the saute 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 he in saute planner to the district court.
SEC. IS. Judgments in said court may be made
liens upon real estate in the county in which the city
is situated by proceeding as provided in sections 3567
and 3568 of the Code, relating to judgments 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.
City attorney. Svc. 19. It shall he the duty of the city attorney
or solicitor to tile informations in the superior court
for violation of city ordinances and prosecute the same
and for such services he shall receive such compensa-
tion as the city council shall allow.
Powers or SEO. 20. The said judge shall be ex-oflicio a.
oieio. magistrate and in preliminary examinations, the pro -
fudge ex-
ceedings and practice shall be the same as before any
other magistrate, and all warrants issued in criminal
proceedings under the seal of the court, inay be used
in any other part of the state without further attes—
tation, 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.
To take effect. SEC. 21. This act being deemed of immediate
importance, shall take effect and be in force from and
LAWS OF IOWA.
after its publication in the Daily State :Register, a
newspaper published in the city of Des Moines, and
the Daily Republican, a newspaper published in the
city of Cedar Rapids, Iowa.
Approved Allard). 17, 18.76.
I hereby certify that the foregoing act was published
in the Iowa State Register, and in the Cedar Rapids
Daily Republican, March 22, 18 7 6.
JC)SIAII T. YOUNG,
Secretary of State.
• ACTS SEVENTEENTH GENERAL ASSEMBLY,
CHAPTER LrI.
COMPE1S_ATION OF CERTAIN OFFICERS IN CITIES.
.1N ACT requiring that officers in certain cities may e- rl F. SOS.
ceive a fixed compensation, and that all fees now allowed
such officers shall he paid into the treasuries of such
cities.
313
.Be a enacted 6y the General Assembly of the State of Iowa:
SE."rIoN. 1. That all cities of the first class, organ- officers to re-
ceive salary
ize{1 under the general incorporation law, and all cities instead of
organized under special charter, may provide by or_ fees.
dinance that all judges of police courts or other city
courts, city marshals, chiefs of police, police officers,
and all other officers elected or appointed, shall receive
in lien of all fees now allowed by law or orjinance,
such fixed Ealary, in monthly or quarterly installments
as may be provided by ordinance, when not provided
by law, which salary, where it shall have been fixed,
shall not lee increased or diminished during their
terms of flfljcl3.
(4O)
314
No oflccr
shall receive
othercompen-eeive, for his own use any tees of other compensation
sation than
salary. tor this services of such city, than that which shall be
provided as contemplated in section one (1) of this
act; but all such. fees as are now or lnay hereafter be
allowed by law for such services, shall, by such offi-
cer, when collected, be paid into the city treasury, at
such time and iu such manner as may he prescribed
by ordinance.
Bo -pealing SEc. 3. All acts and parts of acts in conflict lhere-
c : use.
Yi oviso, a 11 with are hereby repealed; Provided, That the intent
fe; s received
to be paid into of' this act is not to abolish. any fees now allowed by
-Luc, ry.
LAWS O]'' 1041 A
SEC. 2. No such officer of any such city shall re -
law, but to require the salve to be paid into the city
treasury.
Publication. SEC. 4. This act being deemed of immediateimpor-
tance, shall take effect and be in force from and after
its publication in the Iowa State Register, and the
Iowa State Leader, newspapers published at Des
Illoines, Iowa.
Approved March 18, 1878.
I hereby certify that the foregoing act was publish
ed in the Iowa State Register, and Iowa State Leader.
March 19, 1878.
JOSIAH T. Y OTTNG,
Secretary of State.
...1 N [7I•' 1V1/41i.1.
A[JTTS OF EIGHTEENTH GENERAL ASSEMBI.,Y.
CHAPTER. XXIV.
RELATING' TO CITIES 011[:.:1N1ZED UNDER SPECIAL
CHARTERS.
AN ACT relating to cities organized and existing under II. F
■ special charters, conferring additional powers and
amending the charters of such. cities in certain respects.
[Additional to chapter 10, title IV, of the Code : " of
• cities and incorporated towns."]
Be it enacted by the General Assembly of the State of Iowa :
SECTION 1. That all cities in this State organized To p,. a yid,
aI][1 existing under special Charters, l;llall have power opeinrtn:tehute. abyp-
the council, or
toprovide by ordinance for the alip)intinent of a city ulectioci I,y
tl]c peoRIk , of
rnarshal by the council of saeii city, or for the election achy marshal.
of such officer by the electors thereof, or may dispense may dispense
with such officer, and confer the duties pertaining with marshal.
thereto upon any other officer or person.
315
27I.
SEC. 2. This act, being. deemed of inun.ediate im-
portance, shall take effect and be in force from and
after its publication in the Iowa State Register and
Iowa State Leader, newspapers published in Des Pubu cat i o n
Moines, Iowa, section thirty-three (33), of chapter clause.
three (1), title one (1) of the Code, to the cont rary
notwitllstaInding.
Approved, March 9, :880.
I hereby certify that the foregoing act was publish-
ed in the Iowa State Register and Iowa State Leader,
March 11, 1880.
J. A. T. HULL,
Secretary of State.
314;
i.AWS OF' IOWA,
CHAPTER LTII.
RELATIVE TO TOWN OR CITY LOTS.
AN ACT to provide that landsto be laid out into town or H, VI lots shall be free from incurbrance, or that security shall
be given against such incumbrance, and that such lots
when thus laid out shall be accurately described relative
to some established 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 (i3
of the laws of the Sixteenth General Assembly.
Be it enacted by the General Assemblyt of the State of Iowa:
Persons 1 a,'- SECTION- 1. That whenever any person or coI'pora-
ing out lands
into town or tion shrill lay out any parcel ot land into town or city
wit' lots to
pa+eates t h cure certi-at lots in accordance R� i tl1 chapter 1`?, title I of the Code.
fic
tarum hey areincufreem-
such person shall procure from the treasurer of the
hranee' county in which the land lies acertrhed statement that
the land thus laid out into lots, streets and alleys is
free from taxes, and shall also procure a certified state-
ment 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 ever} ineumbraance; which certified
Ft1ed with re -statements shall both be filet with the recorder before
corder.
the plat of said town or city lots shall be admitted to
Proviso, shall record or be of any validity: Provided, however, that
ncuotmmbreetanin-ceif' the parcel of land so laid out shall be incumbered
twoyea suaa«•ith a debt certain in amount, and which will tall
amount when dice not more than two years after the making of the
Pull payment
has been ten -affidavit Hereinafter provided for, and which the credi-
dered.
tor will not accept with accrued interest to the day of
proffered payment, it it draws interest, or with a te-
bate of interest at the rate of six per cent.tun per an-
nmu if itdrawsno interest or if' the creditor cannot be
found, then such proprietor, and if a corporation its
prouer,officer or agent, may file with the recorder of
propr, t 'f such county his affidavit, stating either that Snell
proprietor.
LAWS of IOWA. 317
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 ereditor can-
not he found, whereupon such proprietor Ina]y execute executProprieteHottor taU
.
a bond double the arinonnt of such incuinbrance with
three sureties who shall be freeholders of the county,
to lie approved by the recorder and clerk of the
county, which bond shall run to the county, anil shall
be for the benefit of the purchasers of any ot such
town or city lots, and shall be conditioned for the
payment of such inctilnbrauce and the cancellation
thereof of record as soon as practicable after the sane
becomes due and for the holding of all such purchas-
ers and those e aiming tinder there forever harm-
less ti•oII- such incurnhranee; and when such a.flidavit
and bond shall have been filed with the recorder to- File Mond and
certificate o f
gether with a. certificate of the treasurer that said land curer kounty ith trca�
re is free from taxes, and the certificate of the recorder corder.
that the title in fee to said land is in such proprietor,
and that the satrle is free from all incumbrance except
tliai,t secured by said bond, said plat shall be admitted
to record, and be equally valid as if such proprietor
had filed with the recorder the certificate of such re-
corder that said land was free from all inctl nbrancc.
SEC. 2. All the certificates, affidavits and bonds Cert.ifi cute s,
affidavits and
provided for in the preceding section shall be record- tion recneord-
c ed 3n con
eel in connection with the plat to which they relate In tionwithplat.
the office of the recorder before the said plat or the
record thereof shall be of any validity.
8E0.3. The record and plat of every town, or city. Record a I1 d
that. to show
or addition thereto, which may be thus laid out., shall hearing- a n d
distance, 'from
give the bearing and distance from soIlle. corner of a goruea�ccrn.m e n t
ro
lot or block in said town or city, or part thereof, to
some corner of the congressional division of which
said town, city, or addition is a pa_ t.
318 LAW: of
annNot exation to adYectof ST.:C..4. The provisions of this act shall not pre-
(c) t i rotornys vent the annexation of contiguous territory to cities
t rr
when. and towns under sections 426, 427, 428 and 129 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 Seventeenth General
Assembly.
Chapter 'SEC. 5. Chanter 25 of the laws of the _Fifteenth_Fifteenth13th C. A. anndd
lath
hap [3, A. te'•63,General Assembly. and chapter 63 of the laws of the
re-
pealed. Sixteenth General Assembly are hereby repealed.
SEC. 6. This act, being deemed of immediate im-
portance, shall take effect from and after its publica-
tion in the Iowa State Register and Iowa State
Leader, newspapers published at Des Moines, Iowa.
Approved March 16, 1880.
I hereb certify that the foregoing act was publish-
ed in the Iowa State Register and Iowa State Leader,
'March 20, 18So.
Publication.
J. A. T. MILL,
Secretary of State.
CHAPTER CXIX.
LEGALIZING CERTAIN GRANTS BY DLBL'[t[:E '1'U ]TIDE Sr
WEST IDi IBLQUE STREET It. R. C][11tifPANY.
Sub. s. F, 210. AN ACT to legalize an ordinance of the City of Dubuque,
granting certain privileges to the Hill & West Dubuque
Street Railway Company.
W IIF;REA s, (ihi the 28th day of April, 187T, the
Preamble.
Right of way City Council of the City of Dubuque passed an ordiu-
streetsCert1un aiice granting the right of way over certain streets of
said city to the Hill &West Dubuque Street Railway,
for the railroad of said company, in terms and eondi-
t.ions in said ordinance specified; and.
1
i
4.
LAWS OF IOWA, 31 S3
WHERE As. Said cold pally has acted on said ordin-
ance, and at great expense has constructed its railway and Deer said
BtrP.Bt9.
along and over the streets of said city mentioned in
said ordinance, and has been, and is now, operating
its railway over the same; and,
WHEREAS, Doubts have risen whether said council
had power to pass said ordinance at the time it was
passed, and it is desirable to remove such doubts and
to validate the right of said company to the privileges
and rights conferred on it by said ordinance; there-
fore,
Be it enacted by the General..asrrnbly of the Slate of Iowa
SECTION 1. That the ordinance of the City Council Legalizing
of the City of Dubuque, passed April 28th, A. D. clause.
1877, granting to the Ilill & West Dubuque Street
Railway Company right of way for its railroad on
certain streets of said city, mentioned in said ordi
Hance, be and the same is Hereby validated and made
as effective in law as if said council had full power
and authority to pass the saline at the time said ordi-
nance was passed.
App] overt, March 24, 1880.
CHAPTER CiX.
R]:LATIVE TO EQ1:AL]'J.ATION OF PROPERTY.
AN ACT to amend section 831, chapter 1, title 6 of the Code H. F•, 267.
of Iowa in relation to Boards of Equalization.
Be it enacted by the General Assembly of the State of Iowa:
SECTION 1. That section 831 of the Code of Iowa code, sec. 531
he amended as follows : by adding to the end of said p al t o ti
words : "Within sixty section 831 the followintakengy days days . I n 0
da.
after the adjonrnrnent of such board of equi]ization but
not aftern-ard,"
LAWS OF IOWA.
Assessor to SEC. 1, The sa,ssessor shall. before administering
inform parties
ofna anmoati nfy t the oath or afiirination as is provided in section 894
a
l ar' ; f a of the Code to the person assessed, inform him of the
grieved. valuation put upon his property, and notify him that
if lie feels aggrieved to appear before the board of
equalization and show wily the assessment should be
changed.
Duty of board SEC. 3. At the first meeting of the board of Ninth -
of equalisa-
tion. zation of any township, town, or city, they shall de-
cide what assessment should in their opinion be raised,
and make an alphabetical list of 'lames of the indi-
viduals 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 postoffice located in said township, town, or city,
and the board shall, if in their opinion some assess-
ments should be raised, hold an adjourned meeting
with at least one week intervening after hosting of
said notices before final action thereon, which notices
shall state the time and place of holding such adjourn-
ed mooting.
T'ublicntou. SEC. 4. This act, being deemed of immediate impor-
tance shall take effect and be in force from and after
its publication in the Iowa State Register and Iowa
State Leader; newspapers published at Des Moines
Iowa.
Approved, March 24, 1880.
I hereby certify that the foregoing act was publish -
ad in the Iowa State Register and in the Iowa State
Leader, April 1, 1880.
J. A. T. IILTLL,
Secretary of State.
Laws OF [OWA.
CHAPTER CLI.
STATE BOARD OF HEALTH AND VITAL STATISTICS.
321
AN ACT to Establish a State Board of Health in the State sub, s. �, s.
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 at enaetcd by the General Assembly of the State of Iowa
SECTION 1. That the governor, with the approval i Apbo tent
of the executive council, shall appoint nine (9) per-
sons, one of whom shall be theattorn.ey-general of the
State (by virtue of his office), one a civil engineer, and
seven (7) physicians, who shall. constitutea State Board
of health. The persons s❑ appointed shall hold their Terms of
Tice,
office for seven (7) ye€t'rs : Provided, that the terms of
office of the seven physicians first appointee] shall be
so arranged by lot that the terns of one shall expire on
the thirty-first (31st) day of January of each year ;
and the vacancies thus occasioned, as well as all other
vacancies otherwise occurring, shall he filled by the
governor, with the approval of the executive council.
SEC. 2: The State Board of .Flealth shall have the Power of
board.
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 marriages, births
and deaths, as hereinafter provided ; they shall have
authority to snake such rules and regulations and such
sanitary investigations as they play, 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, sheriffs, constables, and all other offi-
cers 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.
(41)
of-
nutieg of Sr:r. 3. T]ie clerk of the district and circuit
clerks of
courts. cola]'N of each of the several couIit.ies iIi the State
shall be required to keep separate book for the regis-
tration of the names and post —office address of physi-
eiaans and niklwives, for births, for marriages and for
death, which record shall show the names, date (.i't birth,
ikcatli or marriage ; the naives of parents and sex of
the child, when a birth, and when a death, shall give
the age, sex and cause of death, w_ `u the date of the
record, and the naive o[ the person furnishing the in -
Books shall be fol'niatioI1. Said hook !;seals always be open for inspee-
open for in-
pection. tloli without fee ; and the clerks of said courts shall
be regiiired 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 Octohei
of each year, and at such other times as the board may
direct.
Report.
I3ntiCS of state Src. 4. It shall be the duty of the hoard of health
bound.
to prepare siich forms for the record of births, niarri--
ag'es and deaths as they may deem proper ; the said
forms to be furnished by the secretary of said board
to the clerks of the district • and circuit courts of the
several counties, whose deity it shall be to furnish
there to such persons as are herein required to make
reps )rt.s.
hysic of
pcians STC. :.. It shall be the duty of all physcians and
hgsi
and midwives.
midwives in this State to register their names and
post -office address with the clerk of the district and
circnit courts of the county where they reside ; and
said physciaans and midwives shall be required, under
Penalty for penalty of ten dollars ($10), to be recovered in any
fkilure. Statesnit
court. of competent jurisdiction in the at
of the clerk of the courts, to report to the clerk of
the courts within thirty (30) days from the date of
their occurrence, all births and deaths —which may
I nl a nl i owA. 3?
,colne under their supervision, with a certificate of
the canse of death, and such other facts as the sward
may reluire, in the black fbrius furnished, as herein-
after provided.
SEC. 6. When any birth er death shales take Parent to re-
port, when.
place, no physician or midwife being in attendance,
the Bailie shall be reported by the parent to the. clerk
of the district and circuit courts within thirty (30)
days from the date of its occurrence, and if a death,
the supposed cause of death, or, i F there be no parent
by the Nearest of kin not a minor, or, if none, by the
resident house -holder where tile birth or death shall
have occurred, under penalty provided in the prcc.ed-
ing section of this act. Clerksof the district and eir- Clerks to re-
port to N.eere-
cuit courts shall a:s nually, on the first day of October �arL <l.of stag
hoilr
of each year, send to the secretary of t.lie State Board
of Health a statement of all births and deaths record-
ed in their offices fiar the year k)reced:ng said date, un-
tler a penalty of twenty-five dollars ( ,2ri) in case of
fitilure.
SEC. 7. The coroners of the several counties shall Coroners shalt
report to the clerk of the courts all cases of death report.
wllicli may come under their supervision, with the
cause or mode of death, etc_, as per form furnished,
seeder penalty as provided in section 5 of this net.
Src. 8. All amounts recovered under the penal-sPedal
ties of this act shall be appropriated to a speeiial fund
I'or carrying out the object of this law.
SEO. 9. The first ineeting of the board shall be obireetinylgunizatiws vats
within twenty days after its appointment, and there -of board.
after in Dlay and November of each year, and at such
other times as t.lie board shall deem expedient. The
November meeting shall be in the city of Des Moines.
A majority of the members of the board shall consti-
tute a quorum. They shall choose one of their /rum-.
fund.
324
Election
salary of
retary.
Biennial re-
port to the
governor.
35,000, annual-
ly appropri-
ated.
LAWS OI' LOWA.
ber to be president, aid shall adopt rules and by-laws
tor their government, subject to the provisions of
this act.
Luea SEC. 10. They shall elect a secretary, wlio shall
perform the duties prescribed by the board and by
this act. He shall receive a salary, which shall be
fixed by the board, not exceeding $1,200 per annum.
He shall, with the other members of the board, re-
ceive actual traveling and other necessary expenses in-
curred in the performance of official duties ; but no
other member of the board shall receive a salary.
Then the president of the Board shall quarterly certify
the amount due the secretary, and on presentation of
said certificate the auditor of State shall draw his war-
rant on the State treasurer for the amount.
SEC. 11. It shall be the duty of the board of health
to make a biennial report, through their secretary or
otherwise, in writing, to the Governor of the State,
on or before the first (1st) day of December, of each
year preceding that in which the General Assembly
meets; and such report shall include so much of the
proceedings of the board, such information concerning
vital statistics, such knowledge respecting diseases,
and such instruction on the subject of hygiene as may
be thought useful by the board, for dissemination
among the people, with such suggestions as to legis-
lative action as they may deem necessary.
SEC. 12. The sum of five thousand dollars ($5,000)
per annum, or so much thereof as may be necessary,
is hereby appropriated to pay the salary of the secre-
tary, meet the contingent expenses of the office of the
secretary and the expenses of the hoard, and all costs
of printing, which together shall not exceed the suns
hereby appropriated. Said expenses slia]1 be certified
and paid in the salve manner as the salary of the sec -
LAWS of IOWA. 325
retary. The Secretary of State shall provide rooms 8,t me ' oT
provide
suitable for the meetings of the board and office -room rooms.
for the secretary of' the board.
SE°. 13. The Mayor and aldermen of each ineorTora-
ted city, the Mayor and Council of any incorporated
town or village in the State, or the tr ustees of any
township, shall have and exercise all the powers and
perform all the duties of a hoard of health within the
limits of the cities, towns and townships of which
they are officers.
SEC. 14. Every local board of health shall appoint
a competent physieiarr to the hoard, 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 exe-
cution of the health Jaws and of their own regula-
tions,
local board of health in each city or incorporated town
or village in the State, at leastorice 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.
SEC. 16. Local boards of health shall make such Regulation ro-
regulations respecting nuisances, sources of filth and saluces.sectg nu1-
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 and safety; and penalty for
if any person shall violate any such regulations, he `` altEi ;«, reg-
� ulutiane,
Mayors, alder-
men. trustees,
local hoards of
health.
Local boa r d s
appoint physi-
clans and reg-
lato fees.
SEc. 15 It shall be the duty of the health physician Report of phyd
-
of every incorporated town, and also the clerk of the
cclerkaofn iaoncar
hoards.
ISA
326
LAWS OF lOWA.
shall forfeit a sum of not less than 'twenty-five dol-
lars ($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.
I7aarnty<ia. of local SEC. 17. The board of health of any city or incor-
porated town or village shall order the owner of any
property, place or building (at his own expense) to
remove any nuisance, source of filth or cause of sick-
ness found on private property, within twenty -Four
(24) hours, or such other time as is deemed reasonable,
Penal t y f o r after notice served as hereinafter provided; and if the
refusing to
abate nu l• owner or occupant neglects to do so, he shall forfeit o
sauce. slim not exceeding twenty dollars ($20) 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.
Power of local SEC. 18. If the owner or occupant fails to comply
board. with such order, the 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 per-
mitted the same, if he has had actual notice from the
board of health of the existence thereof; to be recov-
ered by civil action in the name of the State before
any court having jurisdiction.
To purify Sno. 19. The board, when satisfied upon due ex -
dwellings' arnination, that any cellar, room, tenement, or build-
ing in its town, occupied as a dwelling -place, has be-
come, 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 in writing to such
occupants, or any of them, requiring the premises to
be put in proper condition as to cleanliness, or, if
they see fit, requiring the occupants to remove or quit
i
LAWS OF IOWA.
327
the premises within such time as the board may deem
reasonable. If the persons so notified, or any of them, o cupants. v e
neglect or refuse to comply with the terms of the
notice, the board may cause the premises to be proper-
ly cleaned at the expense of the owners, or may re-
move the occupants forcibly and close up the premises,
and the same shall not again be occupied as a dwell-
ing -pace without permission in writing of the board.
SEC. 20. Whenever the board of health shall thi nk e an e n t. e r
place, building
it necessary for the preservation of the lives or health mo�-e nr eseelor topre re-
-
of the inhabitants to enter a place, building or vessel vent nuisance.
in their township, for the purpose of examining into
and destroying, removing or preventing any nuisance,
source of filth or cause of sickness, and shall be re-
fused such entry, any member of the board may make
complaint, under oath, to any justice of the peace ot
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 Snsticewarraneb a 11t l issue,
issue a warrant, directed to the sheriff or any con-
stable of the county, commanding hire to take suffi-
cient aid, and, being accompanied by two or more
members ot 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 com-
plained of may be, and the same destroy, remove, or
prevent, under the direction of such members of the
board of health.
Svc. 21. When any person corning from abroad, T o guard
against small -
or residing within any city, town or township within Pox ctsanousa odtheris iufe-
this State, shall be infected, or shall lately have been °uses•
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 safety of the inhabitants, by
328
LAWS OF IONA.
Shall pro -vide removing such sick or infected person to a separate
for infected
persons. house, if it can be done without damage to his health,
and by providing nurses and other assistance and sup-
plies, which shall be charged to the person himself, his
parents or other person who may be liable for his
support, if able; otherwise at the expense of the
county to which he belongs.
Makenfox infpmcctv-is--
SEC. 22. If any infected person cannot be removed
io
hen can°not without damage to his health, the board of health shall
be mowed. make provision for him, as directed in the preceding
section, in the house in which lie may be, and in such.
case they may cause the persons in the neighborhood
to be removed, and may take such. other measures as
may be deemed necessary for the safety of the inhabi-
tants.
Anticsof jus Siw. N. Any justice of the peace, on application
t•ices of h
peace. under oath slowing cause therefor by a local board,
or any member thereof, shall issue his warrant under
his hand, directed to the sheriff or any constable of
the county, requiring hind, under the direction of the
board of health, to improve any person infected with
contagious diseases, or to take possession of condemn-
ed houses and lodgings, and to provide nurses and at-
tendants, and other necessaries for the care, safety and
relief of the sick.
Meetings and SEc. 24. Local boards of health shall meet for the
boards. transaction of business on the first Monday in report of local
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 demand; and the
clerk of each board shall transmit his annual report
to the secretary of the State hoard 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.
LAWS OF IUWA.
of the clerk of the board to prepare, or cause to be
prepared, and forward such report as above specified,
shall be considered a misdemeanor, for which he shall
be subject to a fine of not more than twenty-five dol-
lars (825).
329
SEC. 25. All laws in conflict with this act are Repealing
clause,
]hereby repealed.
Si,.a.26. This act, being deemed of immediate im- Publication.
portance, shall take effect and be in force from and
after its passage and publication in the Iowa State
Register and Iowa State Leader, newspapers pub-
lished at Des Moines, Iowa.
Approved March 26, 1880.
I hereby certify that the foregoing act was publish-
ed in the Iowa State Leader, April 1, and in the Iowa
State Register, April 3, 1880.
,T. A. T. HULL,
Secretary of State.
(42)
CITY COUNCIL OF DUBUQUE.
RULES OF ORDER.
RULE 1. 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.
RILE 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 offi-
cers 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
ally time by the Mayor, or in his absence by the president pro
tem., by giving to each member reasonable notice of such meet
ing, 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 4. The Mayor, when present, shall preside at meetings
of the council, and shall have the casting vote and no other.
Rvr,n 5. At all meetings of the council, a majority of all the
aldermen elected shall constitute a quorum to do business, but a
332 RULES OF ORDER.
minority may adjourn from day to day, and compel the attend-
ance of absent members, by a fine of not to exceed ten dollars
for Each and every such offense.
RL LE 6. At the hour of meeting, the members shall be call-
ed to order by the Mayor or president pro tem., or in their
absence by the Recorder, who shall proceed to call the roll, note
the absentees, and announce whether a quorum he present. If
made necessary by the absence of the Mayor and president pro
tem., the members present may elect one of their number presi-
dent for the occasion. Upon the appearance of a quorum, and
being duly organized, the council shall proceed to the business
before there, which shall be conducted in the order following :
1st. Reading the minutes of the last meeting —amendment
and approval of the same.
2d. Presentation of petitions and communications.
3c1. Reports of officers.
4th. Reports of standing committees.
5th. Reports of select committees.
6th. Unfinished business of preceding meetings.
7th. Motions, resolutions and notices.
8th. Presentation of bills.
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.
RULE 9. No member shall leave the sittings of the council
without leave of the president.
RULE 10. Every member, when desirous of speaking, shall
rise from fiis seat, address himself to the Mayor and say` :.Mr.
.Preeiden.t," but shall net proceed with his remarks until recog-
nized and named to the chair.
xrrr,Es Ole ORvER. 833
RULE 11. Persons other than members of the council shall
not address the council otherwise than in writing.
RULE 12. No member shall speak more than twice on the
same general question, without the leave of three -fourths of the
members present.
Runs; 13. While a member is speaking no member shall enter-
tain 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 deci ie
on the case without debate.
RILE 15. All 'notions 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 consideration;
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 ques-
tion is stated from the chair, shall vote thereon, unless excused
by the council, or unless he be directly interested in the question
in which case he shall not vote.
RULE 17. If a vote is doubted, any member may call for a
division, and the question shall then be decided by the members
rising in their places. The ayes and noes may be called for by
any one member, in which case the names of members voting
shall be recorded on the minutes.
RULE: 18. if the question in debate contain several distinct
propositions, any member may have the same divided.
RULr..1'9. When a• blank is to be filled, and different suinis
and terms are proposed, the question shall first be part upon
the largest sun and longest time.
iLI-r•n 20. Motions on the subject under consideration, shall
have precedence in the following order:
334
RULES LEA+ O1 ORDER.
1st. To lie on the table.
2d. To postpone.
3d. To commit.
4th. To amend.
IZur.>, 21. A motion to adjourn shall always be in order, e -
cept that it shall not be repeated without the intervention. of
some other proceeding; it shall have precedence over all other
motions, and shall be decided without debate.
Ruiz. 2.2.. A motion for the "previous question," to lie on the
table, or to commit, shall, until it is decided, preclude all amend-
ment and debate on the main question, and a motion to postpone
indefinitely, or to a certain day, shall, until it is decided, pre-
clude all amendments on the main question.
Rr-LE 23. The "previous question" shall be as follows: "Shall
the main question be now put?"
Itz-LE 21. A motion to reconsider shall not be entertained,
except on the salve day, or at the next succeeding regular meet-
ing 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 Mayor,
or in his absence, by the president pro tem., unless otherwise
directed by the council.
RunE 26. Standing and select committees shall in all eases
report in writing. All reports of committees shall be addressed,
"To the Mayor and Aldermen," or the "City Council" of Du-
buque.•
It.t`r.r: 27. The standing committees shall be appointed annu-
ally, and the person first named on the committee shall be chair-
man thereof. The following shall be the standing committees,
to -wit
lst. On finance.
2d. On ordinances.
3d. On claims.
4tlr. On streets.
i
1
RELES OF ORDER. 335
5 th. On harbors.
6t]i. On markets.
7th. On public, grounds and 1 uildings.
8th. On printing.
'nth. On fire department.
loth. On police and gas.
llth. On delinquent tax.
RULE 28. All appointments to office by the council shall be
by ballot or viva 7'oce, as the council shall determine, and a ma-
jority of the mernbers present shall be necessary to a choice.
ItLLE 29. All ordinances or by-laws of a general or perma-
nent nature shall be fully and dist.ine.tly read at two regular
meetings of the council, before their final passage. No ordin-
ance shall contain or relate to more than one subject, which shall
be clearly expressed in its title.
RIFLE 30. The City Recorder shall direct all papers to appro-
priate committees and officers, as early as the next day after the
reference shall have been made, and the Marshal shall deliver
the same. The Recorder shall attend all meetings of the coun-
cil.
Itur.E 31. The Marshal 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 proceedings,
which shall be open at all times for inspection; shall make and
enforce rules for its government; compel the attendance of
absent members, when necessary; punish for disorderly conduct;
and by a vote of two-thirds of the aldermen elected may, at their
discretion expel any member. But if such member be re-
elected to fill the vacancy occasioned by such expulsion, he shall
not again be expelled for the same offense.
RULE 33. No personalities or reflections injurious to the feel-
ings of any member, or the harrnony of the council, shall be
tolerated, and every person indulging in such personalities shall
be called to order by the chair.
NO. 1.
INDEX TO ORDINANCES.
(See No. 2, for Charter, Laws and Rules of Order.)
ADDITIONS —To CITY. REGULATING. sEr rzarr. PAGE.
Council to approve. 1 234
Plat to be furnished city 2 235
Penalty for violating ordinance. . . . ...... 3 235
ALLEYS —IMPROVEMENT OF.
(See Streets and Alleys.)
Vacation of. 15 180
Obstruction of.. 13 83
ANIMALS —RUNNING AT LARGE.
Cows restrained .................... 4 155
i. Fees of Marshal.... 3 165
1. 1'
Interference with pound punished 6 156
I I• Prohibited from running at large.... 1 154
found........... 2 154
Sale of animals by Marshal.................... 5 1156
Redemption before sale........ 6 156
Resisting Marshal... 7 I S6
ASSESSOR. —
Elected each year. ................... I 35
Duty of
(See taxes, assessment and collection, of.)
ASSESSMENT—
( See taxes, assessment and collection of. )
ASSESSMENT —SPECIAL.
(See streets and alleys —also sewers.)
ATTOR_NE Y—CITY,
Duties... 1 31
Must be Licensed to practice Law......... ••••2 32
AUCTIONEERS —
License, $25.00, Bond, $1,000.................... 8a 58
Must have license 8 58
Obstructing streets by sales punished 8e 58
Report saes to Treasurer monthly ..............
(43) 8h 58
338 INDEX To [11t1-1Iti,1 .OES•
SECT ION. PAG-E
AUJ3ITOR—
Accounts adjusted by
Charge Treasurer with special tax.......
Charge Treasurer with special tax for sewers....... ,... .
Deliver books to Assessor.....
Deliver tax books to Treasurer. , .....
Duties of Auditor.. .
Equalization Committee, clerk of..... , . •.. .
General accountant, . .
Give notice that assessment books are open to inspection
Keep accounts with Treasurer, .. , •..... .
Keep separate accounts with different funds..... —
May ....
correct clerical errors.... .......... . • ....... ••
Mark on tax books land "sold"
Not to purchase at tax .....................sale.........
Redemption certificates made by.......
Reports made by
Tax sale shall attend ..... .................. . ... . .. . • ....
BATHING —IN IIISSISSIPPI IRIVElt.
Prohibited, when....
BILLIARD TABLES --
Keeping witi:out license punished
License amount. , ...... .. , . • .. . .......... .
Minors not to play. . ................ ................... .
BIRTHS, DEATHS, BURIALS AND CONTAGIOUS
DISEASES—IiE01STRAT10N OF.
Births reported.. ................ . .............. ........
Burial permits._ ........ • ........
Burials reported..........................................
Contagions diseases reported...........
Penalty for violating ordinance........
Recorder's report....
Repotted to Recorder.......
Transportation................. ....... ........ ........
BLASTING IN CITY —
In city limits prohibited.......„... „ ......• ..... • . , .
Penalty for blasting after notice to quit • • • .
BOARD OF Hl]ALTH—
Boardof Health... ,..... • . ............................. .
Boats forbidden to land, -when.-- ..................... .
Boats, inspection of..... , • •..... , . .
City hospital_ . ............ .................
Contagious diseases reported .........
Duty of board_ , . ............
4 30
13 76
13 231
1 99
31 108
2 29
25 I06
1 29
26 106
51 112
3 30
32 108
33 108
66 117
6 31
72 118
5 30
64 11.6
29 93
12 61
12a 61
12b 61
1 170
3 170
-1 171
2 170
8 171
7 171
6 171
5 171
1 214
2 214
1 147
11 150
10 150
6 149
4 149
2 14S
INDEX TO [i] DINA:W 5,
SECTION, PAGE.
BOARD OF HEALTH —CONTINUED.
Ferry boats.... I2 150
Health officers •........... ..... ,............ 7 1-19
Health officers, duty of. _ ................................ 8 150
Ilealtlr officers, neglect of duty punished. ......... . ...... 9 150
Hospital provided ....... ................. 3 148
Hospital use of,... ..... ...•...... 14 151
Marshal to obey 5 149
Rafts, skiffs. etc— . .......... 13 151
BONDS —OFFICIAL.
A]1 officers to give.... 5 16
Approved by Council • 1 17
Filod with Recorder . . .......... „ 18
BOUND ARIES—
{ See Wards.)
BOWLING ALLEYS —
Proprietors to pay license... , 12a 61
Penalty for keeping without. license ................ 12 61
Permitting minors to play, punished. • ......... , 12b 61
BRIDGES —
Driving over fast, punished.... 164
BROKERS —
License.... 9 59
BURIALS —TO BE REPORTED.
(,,See births, deaths nvd b1 rusts.)
BUILDINGS —FRAME.
Prohibit_edin fire district
BUILDINGS AND WALLS —DANGEROUS.
Chi mrley s and dues ....... . . . ............................ 1.7 140
Chimneys, potto be built in Ioft.... 19 140
City Engineer, duty ot, in relation to............ 4 137
Dangerous buildings and walls, prohibited.. • ,..... • 136
Doors....................... ......•......,......,.,,...., 1 136
Foundations 7 137
Heading courses ....... .................•.•........,.....• 13 139
Ordinance not retrospective, • 22 142
Penalty for using condemned public buildings..... 5 137
Penalty for building chimneys in loft... 18 141
Party walls of brick.. • .... •...... . ....... . ....... . ..... 6 137
Public buildings changed in ninety days . ....... . .. 20 142
Plans filed with Engineer. 21 142
Roof trusses of wood. 15 140
Theatres............................................. 3 136
Stairs. ........ . .......................... 2 186
2 180
340
INDEX 'ro [11tD NOES.
BUILDINGS AND WALLS- CONTINUED.
Stairs for public buildings
Walls, thickness of....
Walls, thickness of upper....
Walls, thickness for public buildings
Walls, thickness of brick
Walls, thickness of tire proof partition
Wooden columns— ..... ...........
CATTLE —RESTRAINED.
( See Animals.)
Slaughtering in city, prohibited......
CHARGES —AGAINST OFFICERS.
Charges against Mayor............
Council to hear complaint....
Complaint to be in writing......... .......
Not to include appointed officers...........
Officers may be expelled....
Recorder to record complaints.........
Removal not to exempt bond....
Time for trial ............
CIIIEF ENraINEER—
(See Fire Department.)
CHIMNEYS AND FLUES —
(Sec Buildinggs•)
CITY AUDITOR —
(Sec Auditor.)
CITY ATTORNEY —
(See Attorney.)
CIT Y COUN CIL
( See Council.)
CITY ELECTIONS —
(See Elections.)
CITY ENGINEER --
(See Engineer.)
CITY MARSHAL —
(See 3f arsha t. )
CITY POLICE —
(See Police.)
CITY RECORDER —
(See .necorder. )
CITY TREASURER —
(Bee Treasurer.',
CITY SCALES —
(See Scales.)
SECTION. 1'• •IIE.
10 140
8 137
9 138
10 138
11 138
12 139
14 140
1 143
6 55
2 54
3 54
7 55
1 53
5 55
7 55
4 54
INDEX To t) aDDINN(.Es. 34I
COMMISSIONER OF STREETS ---
(Sec Street Cer71bi55io»er.)
COMMISSION ERS—To AS61 SS DAMAGES,
For appropriating private property for sewerage purposes 2 221
For changing grades.... 7 B8
COUNCIL--crrr.
SECTION. PAGE.
Additions to city, approved by....... . ......... . . .... .. 1 234
Appeal to Council from Equalization Committee....... 27 107
Alleys improved by resolution of 1 73
Bids received and opened by 4 74
Bids advertised for, for sewer work.... 3 228
Board of Iiealth, Council are... ... 1 147
Buildings, frame. may permit in fire district............ 3 130
Chief Engineer and assistants, appointed by 4 125
Contracts made by committee, approved by........ 2 153
Contractors order drawn in favor of, by 6 229
Commissioners, appointed by......... 2 221
Commissioners, removed by ................ 4 222
Equalization of Tax, Committee.... 25 106
Ferry, rates fixed by . 1 186
Fire Department, subject to 14 128
Filling of lots, may order.... 1 79
Grading, to order... 8 77
(as, price of, regulated by 5 182
Hydrants, to fix number of 3 158
Health officer, appointed by 7 149
Inspector of oils, appointed by 2 217
Inspector of wood, appointed by 1 50
Inspector of Weights and Measures, appointed by 1 38
,l urors, to fix compensation of, when 2 132
Marshal, appointed by 1 233
Marshal, may be removed by 3 234
Market Master, appointed by 1 40
Police, appointed by 1 93
Regulate trains on D. L. 4.t M. R. R
7
Salaries of officers, fixed by fi
Sewers, constructed by resolution of Council 1
Special tax for sewer, to levy 8
Special tax for streets, to Ievy 11
Steam Co., regulations made by... 4
Street Cars, regulated by........... „ 7
Tax levied in September of each year, by. , , _. , , 29
Tax, direct Treasurer to refund, when
Water limits, 8
fixed by ....... 2
........................... S
191
16
227
229
76
216
193
107
I13
107
342
INDEX TII OROINAXCEt.
SECTION. 1'Af.:Lr.
CONDUCTORS TO EAVE SPOUTS —
(.See eave spouts.)
CONTAGIOUS DISEASES —TO BE RETORTED--
( See Births, Deaths and Contagious Diseases.]
Cows —
Restrained
CRIME'S--
(See offenses.)
DAMAGES ---
Caused by changing grades.... ............. .. •
Commissioners to assess
Drains, taking property for, commissioners to assess2 221
DEAD ANIMALS —
Nuisance. abatement of
DEATHS —TO BE REPORTED.
( See births, deaths, etc.)
DEBT OF CITY —SETTLEMENT OF.
Bonds, amount of ....................................... .
Bonds, new... .....
Committee to settle............ ........... ........
Compromise of............
Fifty per cent. of tax set apart to pa-y debt. .........
Settlement, completed in two years............
Trustees to give bond.......
Vacancy in trustees fillea.......
DEEDS, RELEASES AND CONTRACTS —
Flow made by city.. ..... .......... ................ .
Power of committe......................................
DEPUTY MAIISHAL—APPOINTED.
(See Marshal.)
DOGS—•rAxED.
Dogs, unlicensed a nuisance....,.
License, must have.......
Marshal, to kill unlicensed
Running at large... ............. •. • • • • • • .
DRAINS AND SEWERAGE —
Council, appropriate lands for construction of...
Commissioners, to assess damages............
Council, confirm or annul report. ......
Conneil, may remove commissioners_ • .
Surface water, not to be obstructed... ..... .
What ordinance applies to
DRAINS —CONNECTING WITH PUBLIC SEWERS
Barriers and lights...........
4 15
7 6,3
144
8
3 17.3
1 175
2 175
4 176
6 176
5 176
7 177
1 152
2 153
w 153
I 153
2 153
3 154
2. 221
2 221
3 221
4 221
1 220
5 222
20 226
INDEX •r0, olt1,1NAxO]*. 343
SIECTION. PAGE.
DRAINS —CONTINUED.
Braces and sheeting, when used .............. • ........... 9 224
Catch basins, size of, etc........... 13 225
Catch basins, where built....... , 14 225
Curves used —clipped pipe prohibited.. .................. 25 227
Drain layer, to have permit 4 223
Drain layer, qualification of 5 224
Drain layer, to file bond. ................... Ei 224
Drain layer, not to allow his name used 7 224
Drains, left smooth and clean.... 16 225
Drain pipes, how laid............ 18 226
Drain layer, suspended when 26 227
Ends of pipe protected 12 225
Extension of, notice to Engineer 2 223
Engineer, notice to, of extension.. 3 223
Engineer to decide certain questions21 226
Excavations... g 224
Inclination of drains..... :''224
Information furnished drain layers............ ........ 24 227
Laid according to regulations. 23 227
Materials for, approved by City Engineer ................ 10 224
New connections, how made.... ...... 17 225
Permit for construction of 1 223
Privy vaults.... 15 225
Steam boilers, not to be connected with 2+2. 226
Streets to be left in good condition, 19 226
DR AYMEN—
(See wagons and drays.)
DRESSED HOGS —
Fines 4 48
Hogs to be weighed... 2 47
Public weigher appointed .................... 1 47
Penalty for not weighing .. 3 47
Weigher, qualification of ................................ 5 48
Ordinance, when operative..... 6 48
DRIVING ON SIDEWALKS
Prohibited.... 11 83
DUBUQUE AND DUNLEITII BRIDGE CO. —
Granting rights to.... 202
EAVE SPOUTS —
Conductors to, how constructed.... 1 215
Marshal to give notice ................................... 2 215
Penalty.... 3 215
344 iNiu-;x To [iiti)INANC -:S.
SECTION, PAGE
EATING HOUSES —
(See Inn Keepers.)
ELECTION S—CITY.
Judges and clerks, appointed by Council.
Judges to fill vacancy
Neglecting duty by officers, punished
Salaries of officers fixed by Council
Officers to give bond
Officers to take oath...
Recorder to issue certificates to judges and clerks... , . .
Terns of office
.ENGINES R—cxrEr,
(Bee fire depcn' rnent.)
ENGINEER —CITY .
1 15
3 16
7 17
6 16
5 16
4 16
2 15
8 17
Appointment of, by Council 1 32
Building plans and specifications, to examine and
approve... ... 21 142
Contracts to let, when... 10 75
Dutyof ...................................... 2 32
Give notice of improvement of streets 2 70
Grades, fixed by 5 33
Grades, prepare plans and profile of... ,.... .. 3 67
Grading, etc., done under direction of..... 9 75
Inspect buildings and report to Council 4 136
Permission from, to connect with sewers 22 226
Prescribe rules for laying drains 13 225
Present when certain work is bone 17 225
Plats to make... , 4 33
Plats, have charge of. 6 33
Plans and specifications, for sewers to make ........... . . 2 228
Record grades in Grade Book ...... 8 88
Receive notice of opening of streets for drains 2 223
Sewers constructed, to keep record of 7 229
Streets, plans, specifications and estimates for improve-
ment of, to be prepared by..
Survey and plat streets
Survey and plat proposed streets
ENHIBITIONS—
To pay license 16 65
EXPRESSMEN, HACK DRIVERS,. C.—
Badge worn by
Must wear badge...
Penalty for not doing sc............... ....... ..... . .. .
2
3
1
3a
:3
3b
73
33
69
66
66
66
INDEX TO ORDINANCES.
345
SECTION. PAGE.
FERRIES—II.EoULATIONS OF.
Acting without license punished....... 2 142
License from city 1 142
FERRY—nun-tit-2 TE AND DUNLEITEI.
Hansen & Linehan contract. 185
Regulated by council 186
See Old Ordinances 183
FERIR,IES—EAGLE rorvT.
Contract part of ordinance.... 3 188
Ferry established 1 187
Improvement of landing 2' 188
FILLING AND RAISING LOTS --
FINES—
( See Penalties. )
FIRE DEPARTMENT —
Appointment of Chief Engineer and Assistant.....
Cliief Engineer, command of
Companies to be under Foreman
Cards, dice and gaming, prohibited............
Council to control fire apparatus
Department to continue as at present.. , ..
Duties of Chief Engineer.... .........................
Duties of Assistant............
Duty of Chief.......
Fire Department ...
Insulting firemen punished
Injuring property punished
Liquor not to he sold firemen
Marshal's duties.
Not to run corning from Fire
Pay of firemen
Property of city not to be taken from city. ...... .. . ... .
Public cisterns not to be left open..
FIRE DISTRICT —
Frame buildings, prohibited in .. .
Frame buildings, when allowed .........................
Frame buildings, when not to be improved or repaired..
Liinits of.
Lumber yards prohibited in ....
Lumber yards prohibited, when not to apply.....
Penalty, violating ordinance... ..... ordinance..........................
Repairing of damaged buildings
FIRES —PREVENTION OF.
i3urning of shavings and straw prohibited
1 79
4
2
7
10
14
6
2
3
5
1
11
17
15
16
9
12
8
13
125
124
126
127
128
126
124
12.5
125
124
128
129
128
128
127
128
127
128
2 131.
3 130
4 130
1 129
7 131
8 132
6 131
,5 130
2 135
34-ki 1\I1Ex T4) o1m1ivANCF:S.
FIRES—CONTINI,*ED.
Rendering of grease and lard regulated
Straw or hay stacked in city, regulating... . .
Stove pipes regulated
SECTION. PAGE.
FOUNTAINS —PUBLIC.
Use of regulated.... ...
GAMBLING HOUSES —
Prohibited
Keeping of punished.. , .... .
GAMING --
Prohibited and punished
OAS —
Grant to company
Grant, conditions of...
Notice of acceptance
Rights extended to November 5th 1887
Price of, regulated by council.. . .
GRADES —FIXING AND CIIA1`GINO OF.
Change made by Council........ g 68
Confirmed by Council..... 2 (17
Engineer to survey.... 3 6;
Engineer to give notice to abutters........... 4 67
Damages, claims for 9 69
Damages, commissioners to assess 7 68
Grades established......... .......... ........... 1 67
Notice of change served 5 68
Report of commissioners, affirmed or rejected 8 68
GRAIN MARKETS —
(See Markets.)
GUNPOWDER —
Dealers not to keep more than fifty pounds 2 132
Marshal to examine premises, when. 4 133
Powder not to be kept in city without permit1 132
Permit not to be given drunkard. q 5 E33
Removal of in case of fire 3 182
HACKS, CARRIAGES AND OMNIBU8—
Charges to be made by l0c 60
License, must have........... 10a 59
Number of license on vehicle 10b 60
HARI3OR MASTER ---
Appointed by Council 1 36
4 135
8 135
1 135
1. 234
54 92
Duty of
Resisting punished
HAY AND WOOD MARKET --
(See Markets.)
1 146
1
2
3
4
5
180
181
182
182
182
2 36
r 38
; N. PCP [)11DI NA_ CES.
HEALTH —
( See Board of _Health.)
HORSES --
Hitching of, ......... .
Leaving unhitched, punished
Owners of runaway, punished... ......
IrOIts ES--1tUNNINC. AT LARGE.
(lee Animals.)
HOTEL KEEPERS —
(See Inn Keepers.)
HOTEL! AND BOARDING HOUSES —RUNNERS FOR.
Amount of license
To pay license
To wear badge...
Violating ordinance punished ............
INN KEEPERS —
To pay license..........
INSPECTOR OF KEROSENE OIL —
Appointed by Council.... .
Bond, to give
Compensation of. . . .
Duty of, ..
Inspect oils, when to
obstructing inspector punished
'Sales reported to inspector ............... . ............ .
To mark approved or condemned.. ... ...............
Record kept by
INSTOR OF WEIGHTS AND MEASU141 —
, . .
Duty.....................................................
Appointed by Council.
Fees....
Inspect each year.
Mark when inspected
Register to be kept by
INSPECTOR OF WOOD —
Appointed by Council.....
Fees ....... .......
Keep accounts..... .............. ........... ..... . .....
Not to buj wood..... ....... ................. ...
Oversee oiling of wood
Resistance to, punished
JURORS —
Compensation of .............
Summoningof .......................................... .
347
SECT ION. PAGE.
1
18
2
2a
2
3
8b
151
90
151
66
66
66
66
1 (i6
2
2
6
3
7
10
12
4
1
2
5
4
3
217
217
218
217
218
219
22(]
218
218
38
38
39
89
89
40
I 50
7 52
11 53
6 52
5 51
10 52
2 152
1 1.52
348
INDEX TO ORDINANCES.
JURY COMMISSIONERS —
Marshal to summon.... ... .................. .
May be challenged .
To assess damages
KEROSENE OIL—sA7,E AND INSPECTION OF.
(See Oils.)
LANDINGS —PUBLIC.
Steamboat landing, location of..........
Harbor Master appointed
Places for boats assigned by Harbor Master
Private wharfboats prohibited, when
LICENSES —
Application to Mayor for... . ,
Application to Recorder for
Auctioneers........
Billiard tables
Butchers
Brokers
Exhibitions
Hack drivers, hotel and expressmen..................... .
Innkeepers
License, bow issued.......
Livery stables
Marshal to enforce
Not assignable
Ordinances, subject to
Peddlers
Runners for hotels, etc....,
Saloons
Transient merchants, .. .
Traveling physicians......
Wagons and drays... .. „ ............ .............
LIVERY STABLES —
Charges for passengers ................. :................
Hacks, carriages, etc., licensed
License, must have
MARKETS —CITY.
Animals, tying legs of, prohibited..
l3ui]dings, market . ......................................
Closed on Sunday ...
Dealers, when to purchase.
Defined.....
License to selloutside...................
1.,o u n gin g about, prohibited. .. . ........ .
Market Master............... ......
ECT1ON. PAGE.
3 70
3 7i
4 1;
3 36
1 36
2 36
4 37
5 57
4 57
8 58
12 61
ti 42
9 59
1 65
3 66
2 66
1 513
10 59
7 57
3 56
2 56
15 64
2 66
13 61
1 172
14 63
11 60
10c 60
10a 59
14. 59
15 43
1 40
4 41
12 43
9 =
8 42
10 42
3 41
INDEX TO ORDINANCES.
MA Ri E T5—coNTirrulsl .
Meat, selling without license, prohibited
Meat selling, by farmers, less than a quarter, prohibited
Meat weighed by Public Weigher, when.........
Meat unsound, selling of prohibited............
Merchants not affected by this ordinance..
Peddling produce, prohibited....
Peddling produce, punished.
Purchaser at, not to sell again.
Rent of stalls.. .............. .
Stalls, using without authority, punished
Violating sections 17 and 18, punished...., .. .
Violating section 20, punished........
MARKETS—IIAY, WOOD AND GRIN.
349
SECTr0N. PAGE.
17
18
20
6
16
10
11
5
2
13
19
21
44
44
41.
42
44
42
43
41
40
43
44
45
Hay and wood markets, located..... ..... ....l 45
Hay to be weighed.... 3 4-5
Grain and pork markets. established 7 46
Grain to be weighed .................................... 7 46
Obstructing street, prohibited 8 46 1�
Scales, regulated.. .. ....... .........9 47
Streets not to be occupied at hay rnarket................ 2 45
Weigher's certificate not to be falsified 4 40
Weigher's certificate altering of punished 5 46
MARSHA L—
Account kept by.... 7 26
Appointed by Council... 1 233
Arrests, to make............ 2 25
Attend meeting of Council 10 27
Charge of city hall 3 25
Council may remove................ 3 234
Courts, attended by. y 27
Deputies appointed by 4 26
Duty of.... 1 24
Dogs, unlicensed, to kill2 153
Execute all processes .............................. 5 26
Fees for impounding animals.... 3 I55
Fires, duty at............ 16 128
Impound animals, when.....:..:1 154
;fury, to surnnion. • • 3 70
Keep calaboose book 15 96
License, duty in relation to, , . .. _ . „ .... , , 7 57
Money, pay over to Treasurer........ 6 26
Neglect of duty, punished ...................... 11 27
Obey Board of Health 5 149
Obstructions on streets, to remove............ 24 97
350
INllEX T ] t)[MINA XO]*.
gE.CT' EON.
MARSHAL—CONTIN(ED.
Prosecutes, for violations of ordinance
Police, control of.........
Salary of
Saloons. to close unlicensed.
Sidewalks, to repair, when
Settlement, made by........
Streets, to open
Squares, to control ..
MAI OR —DUTY OF.
Abate nuisance
Approve auctioneers' bond
Application to, for transient merchants' license., ...... .
Appoint special policemen.......
Building certificates to give....
Call special meetings of Council. ...
Charges against... ............ ............ ........
Chief executive officer. is.
Contracts and ordinances, to be signed by.
Conservator of the peace, is ............ .
Deeds executed by .......... . .... .
Election, to issue proclamation for.............
Fines may be remitted by . ,
Licenses, signed by.
Licenses, when fixed by.
Policemen may be suspended by
Ra]es for city prison, made by... .. ...........
Report neglect of officers to Council .................... .
Supervision of all officers, to have.
Special elections, to issue proclamation for
.NIERCHANTS—TIt.A-NSIENT.
Application for license in writing
License, must procure....................
License, amount ef...
.Money refunded if tax paid...
Recorder to issue license, when
N CIS AN CES—PREVENTION OF .
Cellars, vaults and drains, when
Exposing carcass, etc
Factories, soap, etc., when a
Privy vaults. twelve feet deep...
Privy vaults, when a nuisance...
Power of Mayor. , ........ , .
Removal of, expense of, etc
2 165
1 93
2 233
13 63
3 78
8 2E
7 72
3 164
5 144
18a 58
2 172
7 210
21 142
2 20
6 55
1 20
5 21
6 21
1 152
1 15
11 pis
1 56
5 57
4 94
13 169
4 20
3 20
1 237
2 172
1 172
2 172
3 173
4 173
3 144
2 144
4 144
8 145
9 145
5 145
6 145
INT)1 )Z TO OH.IiINANOES'.
N UIS AN C E S—CO (TIN1TED .
Slaughtering in city , .. _ .
Violating ordinance, penalty foe...
OFFENSES—DEP'IWED AND P1TNIS1IFD.
Bathing in Mississippi river....... ............. •..
Breaking street lamps.....
Chivari....... .
Climbing lamp posts......
Discharging fire arms
Disturbing lawful assemblages
Diseased meat, selling, punished.
Disturbing peace........... ,-... .
Disorderly conduct....
Exposing of person..
False alarm of tire, giving
Fast driving, punished ............... .
Fastening a.niexrals to trees
Horses to be fastened....... ,... „ .. .
Houses of ill -fame, peeping...............
Houses of ill -fame, loitering about...... .....
Injuring gas or water pipes...........
injuring rnone[rnents
Injuring public property
Indecently exhibiting animals...
Intoxication..... , . .
Lighting street lamps... ,.....
Loitering about streets
Maltreating dumb animals.............. . _ _
Obscene books, having
Obscene figures.....
Poison, selling o"
Profane language, using
OFFENSES --
(See penallie.s for violating ordinance.)
OFFICERS —
Bond, all officers to give .............. . .
Bonds of, not exempt, when
Charges against ........... _
Complaints to be in writing...
Council to hear complaints,.........
Expelled by two-thirds vote...:.
Mayor. charges against
Not to apply to appointed officers
Reorder to record complaints
Trial, time of,
35/
SECTION". PAGE,
1 143
7 145
29 93
13 89
28 93
14 89
20 90
26 92
22 91
1 87
3 88
5 88
4 88
17 90
16 90
18 90
24 92
2i 92
15 8,
12 89
11 89
8 88
2 87
14 87
23 91
9 89
6 88
7 88
22 91
27 92
6 16
r 5]
53
i3 54
2 54
1 53
6 55
8 55
.5 55
4 64
352
INDEX. TO [7ItDINANCF.S.
OFFICIATE BONDS -
(See Bonds,)
OILS-TXPLAMMABLE-STORAGE ON.
Manufacture of in city prohibited
Not to keep over five barrels
Penalty ........
OILS-1{FILOSENE, SALE AIrD 1NS1'ECTION OF.
Appointment of Inspector
Compensation of Inspector......
Duty of Inspector.... ....... ..........
Enforcement of fines
Fraud, penally for
Inspected, must be.......
Inspector to mark approved or condemned
Inspected, w11eII......... ....
Obstructing inspector punished
Reports made to inspector by wholesale dealers
Refusing to make such report punished
Record kept by Inspector
Selling inferior oil, punished.......... •.. .
ORDINANCES -
Resolution adopting revision
Certificate of Recorder....
Chapter 1. Seal of city established.........
2. Defining boundaries of wards...
3. Regulating elections........
4. Regulating official bonds
5. Relating to city property...
ii. Defining duties of Mayor............. ............
1. Defining duties of Recorder •
8. Defining duties of Marshal...........
9. Defining duties of Treasurer......... , .....
10. Defining duties of Auditor
11. Defining duties of City Attorney...
12. Appointing City Engineer and defining his duties
13. Appointing Street Commissioner and defining his
duties
14. Providing for election of Assessor...
15. Regulating public landing........................
16. Regulating weights and measures.... . •
17. Establishing and regulating markets, sale of meat
etc.. ................. .......................
18. Establishing bay, wood, and grain markets. • ..... .
19. Weighing of dressed hogs regulated........... •
'20. Public scales regulated...
SECTION. PAGE
monthly
1
2
3
2
6
3
11
8
1
4
7
10
12
13
5
9
133
134
134
217
218
217
220
219
217
218
218
219
220
220
218
219
2
13
13
15
1T
18
20
21
24
27
29
31
32
34
35
30
38
40
45
47
4s
IN111iX '1'O ORDINANCES.
ORDI I ANCES-corrTINUED.
Chapter 21. Inspector of wood and sales of fuel........ ....... 50
22. Charges against officers, how made, heard and de-
termined....
23. Licenses %xed...........
23* Inn -keepers, runnners for hotels, hacks and express
men, licensed and regulated 65
24. Fixing and changing grades
25. Opening, altering or annulling streets or highways
in city........ 69
26. Improving streets, alleys, and public landings and
repairs of sidewalks.............. .............. 73
27. Regulating repairs of sidewalks ............ 77
28. Filling and raising lots to prevent stagnant water. 79
29. Obstruction of streets, alleys and highways....... 80
30. Defining offenses and prescribing punishment
therefor........... 87
31. Establishing City Police and prescribing ruiles and
regulations therefor
32. Assessment and collection of taxes ................ 98
33. Fire Department. ...... . • ... 124
34. Defining limits of fire district.... ............ 129
35. Keeping of gun powder ........................... 132
36. Manufacture and storage of infiamable oils and
substances .................. 133
37. Preventing fires... 135
38. To prevent erection of dangerous walls and build-
ings ... 136
39. Regulate ferries............. ................... 142
40. To prevent nuisances... 143
41. Enforcing observance of Sabbath 146
4°. [laming restrained 146
4.3. Appointing Board of Health........ 147
44. C uarding against running away of horses151
45. To provide for summoning of jurors... ....... 152
46. Deeds and releases by city............ ...... 152
47. To license, tax and regulate keeping of dogs153
48. Animals restrained from running at large154
49. Water Co., authorizing etc........ 157
50. Dedicating and regulating Jackson Square... . • .. 163
51. Protecting bridges..... ........... 164
52. Prosecutions under ordinances, and enforcement
of the same. 10
58. Registration of births, deaths and contagious
diseases............ 170
54. License, tax and regulate transient merchants.... 172
253
PAGE•
53
56
67
93
1S11EX. To )1{UINANC14S.
ORI)1IIANCES-CONTINUED, ' `
Chapter 55. Submitting question of the sale of real estate to the
voters of the city 173
56. Providing for settlement of the indebtedness of
the city 174
57. Changing names of streets, widths of sidewalks,
vacating certain streets and alleys, granting
privileges etc........ 177
58. To provide for lighting city with gas 180
59. Regulation of Dubuque and Dunleith ferry. {see
'Jansen & Linehan contract, p. 185).............. 183
60. Establishing Eagle Point Ferry... ..... ........ ... 187
61. Authorizing and regulating Dubuque _l•Ianufactu-
turers and L umberrnens Railroad189
02. Authorizing and regulating street railways 192
63. Regulating conduct of persons in and about street
cars buildings 195
64. Granting to William Ryan right to slaughter and
pack in city. 195
65. Granting to D. B. & M. R. R. Co. and to the
Dubuque and Minnesota R. R. Co. right of way. 196
66. Granting right of way to D. & M. R, R. Co198
67. Prevent fouling of sewers on Fourteenth street201
68. Grant to D, & D. .Bridge Co. • right of way etc202
69. Granting right of way to I. C. R. R. Co.... 203
70. Authorizing Hill and West Dubuque street rail-
way company . ........... ... 205
71. Regulate the running of trains and to prevent in-
terference with R. 14. Co's. ' property209
72. Regulating dress to be worn by police........ 210
73. .Prohibiting blasting in city limits... , 214 -
74. Regulating construction of conductors to eave
spouts 215
75. Granting right to Dubuque Steam Supply Co 216
76. To regulate sale and inspection of kerosene oil etc217
77. Concerning drains and sewerage 220
78. Rules andregulations for laying and using drains
etc ....... . 223
79. To provide for constructing, repairing and main-
taining public sewers
00. To provide for appointment of Marshal
81. Regulaiir-g use of public fountains
82. Regulating additions to city
Md. Granting right to lay railway track to Ingram,
Kennedy & Day............ ...... 235
-........ 227
. 2:33
234
234
i
1NDEx. tt IL\_i\f'N:S.
ORDINANCES -CONTINUED.
Chapter 8t. Submitting to a vote the question of the
certain real estate
PACKING HOUSES-
. Granting to WIn. Ryan the right to construct and oper-
ate in the city limits
PEDDLERS --
Must procure license
PENALTIES -FOR VIOLATIONS OF CITY ORDINANCES.
ADDITIONS TO CITY -neglect to plat. PENALTY,
ANIMALS -Resisting Marshal in impound-
ing
$ Interfering with pound e� to 0
BoAI;D ar' IIEALTH.-Boats bringing chol-
era 1 to 1000
era to city.... ....... ................ 100 to 2000
Destroying notices of
10 to 100
Health Officers making false report1 to 1U0
Physicians not reporting contagious
diseases
Refusing to obey orders of
BRIDGEs.-Driving over fast
BLASTmo IN CITY. --After notice td quit
I31LLTARDS.-Allowing minors to pay.....
Bt1LDLNcs.-Occupying dangerous, after
notice.. ..... .........
Chimneys contrary to ordinances
Chimneys in loft...........
Using public buildings contrary to
ordinance......
10to 100
5to 100
l to 5
I to 100
5
25 to 100
10
10
I3oos.-]Preventing Marshal from killin . . 1 to 1005 20 142
EAYE SPotrrs.-Owners of, failing to corn- 2 152
ply with ordinance......3..
FERRIES.- 60 1 13
Actiug without license........ 10 1 145
FIRES. -Burning hay, shavings, etc....... 5
Building frame, in fie district....1.0' 3 1351
Engineer, ngineer, refusing to obey 25 to 5 to 22. 5 12
Cisterns, leaving uncovered 5 5 126
Insulting firemen 5 13 128
Injuring property of fire department... 10 to 100 17 129
Gunpowder, keeping over fifty barrels 17 129
• of, in fire district ................... .
Gunpowder, failing to remove in case 5 to 20 2 132
lire
Liquor, selling to firemen....... 25 to 100 4 133
28
Lumber yards in fire district ........ 1 to 20 17 131
1 to 100 7 131
355
sale.of
236
1 195
I5 6-1
SEr PAGE.
:i 235
154
7 156
10 to 13
3
9
150
148
150
4 149
2 14.S
I 164
2 214
121} 61
5 137
17 141
19 141
356 INDEX '1'[1 OR11INANCRS-
PENALTIES— L•IREs—co'_YTINI ED.
Marshal, refusing to obey at fires
Running over sidewalks by firemen...
Oils, keeping over five barrels in fire
district........
FOUNTAINS --Taking water from.... .
GAMBLING, —Of any kind
Keeping gambling houses.
HARBORS. —Resisting Harbor Master
Refusing to pay wharfage....
RACE. —Drivers and draymen overcharging
Not wearing badges..
Using vehicles without number.......
HoRSEs.—Allowing to run away
JURORS .—Refusing to serve
LICENSE. --Auctioneers selling
license„ .....
without
$100 per day
Brokers acting without 50
Billiard tables, keeping without........ 5
Butchers, acting without.... 5 to 10
Hacknnen, acting without .............. 5
Innkeepers, acting without 5 to 50
Livery stable keepers, acting without$20 per day
Merchants, transient, acting without5 to 100
PENALTY, SEE, PAGE-
16 128
5 9 127
5 to 50
1 to 5
5 to
10 to
5 to
5 to
5 to
1 to
50
50
100
100
10
5
1
I to 50
5 to 20
Peddlers, acting without... 5 to 20
Restaurant keepers, acting without.... 10
Runners for hotels, acting without..... 5 to 2a
Saloons, acting without. ...... ...... . 10
Shows, etc., acting without............ 5 to 30
Traveling physicians, acting without.. 10
MARKETS. ---City, Hay, Wood, Grain and I?ork.
Buying or selling dressed hogs not
weighed at city scales. , . 5 to 20
Dealers buying in market hours....... , 5 to 20
Injuring scales at market 20 to 100
Interfering with Wood Inspector..... , 5 to 50
Meat selling, contrary to Secs. 17 and
18, Chapter 17 5 to ii:
Market stalls, using without lease 5 to 20
Purchasing grain outside market. 5 to 100
Tying legs of poultry kept for sale 1 to 5
Tying legs of animals kept for sale5 to 10
Selling wood outside market 10 to 50
Selling wood without certificate5
3 135
1 234
1 140
2 147
8 38
7 37
lla 60
3 66
11 b 61
2 151
1 152
8 58
9 59
12 61
8 42
10a 59
1 6-5
10 59
1 172
15 64
1 66
2 60
13 61
16 65
141) 64
3
12
9
10
47
42
:0
53
19 44
13 43
7 46
14 43
15 43
4 51
8 52
INDEX To [111..DIN;1NCI S.
PEl✓ ALTIES--mAEKETS—CONTI v IT D.
Violating Sec. 20, chapter 17 1 to 5 211 45
Violating Secs. 2 to 5, Chap. 18, 1 to 5 5 46
Violating market ordinances when no
other penalty is prescribed 1 11 43
_1 EIS ANCES.—Exposing carcasses,.... 1 2 144
Factories stables, etc., offensive 1 to 20 4 144
Failing to remove or abate........ 5 to 20 5 to 7 144
Privies,etc,allowing to become offensive 1 to 20 3 144
Privies, building contrary to ordinance. 5 9 14
4
Slaughtering in city ............ ....... 5 to 50 1 143
OFFENSES.--Aniinals, leaving unfastened. 5 to 50 18 90
Animals, indecently exhibiting....... 5 to 50 - 8 88
Animals, cruelty to 5 to 50 9 89
Battling, in river .......... 1 to 20 29 93
Breaking street lamps 5 to 50 12 89
Cemetery grounds, trespassing on 5 to 100 11 89
Charivari- .. S to 20 28 93
Disturbing peace 5 to 50 1 87
Disturbing meetings 5 to 50 26 ,y2
Fast driving , .... 5 to 100 17 90
False alarm of fire, giving.... 5 to 30 4 88
Fire arms discharging, 1 to 10 20 90
Houses of ill -fame, keeping .... 10 to 50 24 92
Intoxication...... , . 5 to 50 3 88
Indecent exposure :3 to at, 5 88
Injuring private or public propeity.... 5 to 100 16 90
Injuring gas or water pipes 5 to 20 15 89
Lamp pasts, interfering with..... 5 to 50 14 89
Lamps, street, interfering with 5 to 20 13 89
Obscene books, selling 5 to 50 5 88
Obscene figures, selling or making 5 to 50 7 88
Yroperty, injuring 5 to 100 I07 89
Provisions, unsound, selling... 10 to 50 22 91
Poison selling 5 to 50 21 91
Profane language, using 1 to 20 27 92
Suspicious characters, loitering about10 to 50 25 92
Vagrancy. , ...... 5 to 50 23 90
Vehicles not turning to right,.... 5 to 50 19 90
OFFICERS. —Neglecting duty 10 to 100 7 17
Marshal, neglecting duty 10 to 100 11 27
Refusing to obey Mayor... 5 to 100 13 21
ULLs.—Inspector falsely branding 100 8 219
Obstructing Inspector...., ....... 10[1 10 219
Selling inferior grades........... 100 9 219
357
PE$ALT Y. s1EO. PAGE.
3 58
INDEX '1'O ORDINANCES.
PENALTY.
PJ NALTIES—coNTINuED.
FoL1cE.—Neglecting to remove obstruc-
tion 1
Refusing to obey police 1 to 20
Resisting officers 25 to 100
Refusing to aid police.... ........... : 1 to 25
Representing falsely ...... 25 to 100
Prisoners, insulting ................ ... 1 to 10
RAILROADS. —Getting on end of cars while
in motion ...........................
Interfering with property of, .... .
Violating provisions of Chapter 7I.... .
SAI 1iA TIT. —Breaking
Billiard halls open on
Shows, exhibitions, etc., on
S A Loo N KEEPERS. —Allowing disorderly
conduct........
Allowing persons to drink to excess
Keeping without license
Keeping open after hours....... ....... 5 to
Not posting up license.......
Selling to minors or drunkards...
SCALES. —Violating provisions of Chapter 20
SEWERS. —Fouling loth street sewer
STREET CARS. —Disorderly conduct about
Obstructing...
SQuAREs.—Injuring property in or about.
5 to
5 to 50
5
10
20
5
5
5
50
5 to 50
2 to 20
STREETS, ALLEYS AND SIDEWALKS, OBSTRUCTING, ETC.
Animals fastened improperly, on 1
Awnings, refusing to remove.
Buildings, allowing while being re-
moved to stand on street.......
Buildings, moving without permit... _.
Builders tailing to protect excavations
etc
Cellar door in street...
Driving on sidewalks
Digging up streets. etc...
Driving on paved sidewalks...
Drain pipes, changing
Eave spouts, improperly constructed
Filth, placing in streets etc
Goods on sidewalk...
Goods failing to remove when.........
Obstructing with building material...
SEC. PAG.
I1`I)].L' TO ORDINANCES. 859
PE ICI A LT. I E S—STREETS—CONTINJ] ED:
Porch, extending into street, when
Sidewalks, failing to clean.......
23 98 Signs, projecting over street
17 96 Sign posts in street
19 98 Streets, rendering dangerous.
20 97 Streets, hindering improvements of, etc
2,1 97 Vehicles, sta,nding on crossings
15 170 Vaults. cisterns, etc., building
1 to 20 6 210 Wagons stanaing in streets.
5 to 50 .5 210 Windows on streets, when.
5 to 50 WATER WOuxs.—Interfering -with proper-
5 to 20 2 146 WEIGHTS AND MEASURES.—Ubing false, to
5 to 20 Obstructing inspector.
POLICE FORCE —
Appointed 1.-sy Council.
Absent from duty.
Compounding offenses by, prohibited.....
Charges to enter in book
Deportment of
Falsely representing
Forfeit one dollar for neglect of duty.... ....
Hackman to obey
Insigna of office, to wear
Maltreatment of prisoners prohibited.
Must obey Marshal
Not to give information ...
Not to take rewar0
Oath to take.
Persons arrested. to take before Justice of the Pea
Power to enter houses.
Property- of prisOners delivered to Justice.
84 Qualification of
13f
13b
13
13c
13h
13d
9
2
2
4
62
62
61
62
63
63
50
201
195
195
164
12 80
5 27 88
10 26 86
25
5
2
5 to 50
1to 10
25
10
l to 50
5
5
1 to 51)
19
10
24
25
21
14
6
12
81
83
86
86
85
85
88
82
82
83
PENALTY.
1 to
5 to
on
10 to
1 to
5
1
5
5
50
50
0
50
1
5
100
50
10
ce....
Resistance to, punislied...
Resisted, when can call assistance
Removal of obstructions by
POLICE FORCE —UNIFORM, ETC.
Dress to be worn by police force . .
PROPERTY OF CITY ---PERSONAL.
List of, filed with Auditor, when,..... ...... .......
List to include books, etc
SEC. AGE.
1 80
22 85
8 82
4 81
16 83
17 84
1I 83
18 84
2'8 86
3 81
10 163
8 38
4 39
1 93
12 96
9 96
15 96
7 95
21 97
23 OS
17 96
11 95
14 96
18 97
10 95
8 95
3 94
13 96
5 94
6 94
16 90
2 94
19 97
20 37
22 97
210
1 .18
2 19
360 INDEN '1'0 1TtDINAN['HQ.
SECTION. PAQS
PROPERTY OF CITY—coNTINVED.
Property purchased, added to list 3 19
Receipts taken........ ..,........ 4 19
Receipts in duplicate 5 19
To be taken care of ............ .......... , 6 19
PROSECUTIONS —FOR VIOLATION OF ORDINANCE.
Auditor to examine reports 9 168
City prison established.... 12 169
City prison, rules for, made by Mayor13 169
Courts to report prosecutions to Council........ 6 166
Commenced by Marshal or City Attorney....... 2 165
Credits on tines by imprisonments........ 14 169
Fees of officers, witnesses, etc., in....,.... 7 167
Insulting prisoners prohibited 15 170
Judgments in 10 168
Marshal, duties in prosecuting 5 166
Mayor may remit fines.... 11 168
Punishments 4 166
Prosecutions 1 165
Reports of officers kept by Auditor 8 167
Trial in summary manner, but accused may demand jury 3 163
PUBLIC SQIJARES—
Boundaries of Jackson square.... 1 163
Injury to property punished 4 164
Marshal to have care of squares 8 164
Used solely as public resorts.... '3 164
PUBLIC LANDING—
( See Landings.)
RAILROADS —REGULATING DUBUQUE LUI'IBERMENS AND
MANUFACTURERS R. R.
City may remove rails ......... ................ . .......... 5 190
Company to repair streets 6 190
Compensation for use of, by other R, R's.... 4 190
Completed in three months, ....... 9 191
Company to give notice of acceptance in sixty days.... 10 191
Council to make regulations for 7 191
May assign rights 8 191
Not to prevent grants to other companies................ 11 191
One track, 2 189
Right of way granted. 1 189
Use of track by other companies... -3 190
RAILROADS —GRANTING RIGHT OF WAY TO D. H. M. R.
R. CO., AND D. ge. M. R. R. CO.
Culverts and drains.. ..... . .................. 2 197
City police regulations for ......................... 4 198
i
IN])ER 'r[l 0R11IN,1.NcliS.
31i I
SEC.Tt0N. T,t C:E.
RAILROADS —CONTINUED.
Grant defined._ ....... ....... 196
Must grade on each side of track.... 1 197
Must grade streets and alleys, when .. , .... 3 197
_Notice of acceptance 5 187
RAILROADS —GRANTING RIGHT OF WAY TO D. Sr, ;FI. R. R.
Culverts and drains.
fiI-rade streets and alleys on each side of track...........
Grade streets and alleys
Notice of acceptance
Police regulations...
Right of way granted and defined
RAILROADS ---GRANTING RIGHT OF WAY TO I. C. R. R.
Gradealleys .............................................
Granting right of vray............... ....... ...........
Notice of acceptance by Co....
Track where to lay...
Track to be re-laid to grade ............... ........ ....
RAILROADS —REGULATING MINN-1NR OF TRAINS A2ID
PROTECTING RAIL ROAD PROPERTY
Bell to be rung constantly, ....... , . .
Getting on or oil trains while in motion punished(3 210
Interference with property of R. Ns punished..... 5 210
Not to obstruct crossing 3 209
Speed not to exceed six miles an hour.. . . 1 209
Special police Mayor may appoint, employees as 7 210
Violation of ordinance punished.. _ ......... 4 2[19
RIGHT OF WAY--GRAINTRD TO iNGRAN, KENNEDY & DAY, 234
3 200
1 200
3 200
3 200
4 200
198
3 203
1 203
3 204
2 203
4 204
RAILWAYS—•
(See street raalwnys.)
REAL ESTATE —
Sale of to H. W. Sanford........
Sale of to C. M. & St. P. R. R. Co
RECORDER —
Births, deaths, burials and contagions diseases semi-
annual report of to Council........ .. .
Bonds, filed with
Butchers license, issued by
Burial permits, issued by..
City Seal, kept by.
Complaints, recorded by
I)ee.ds of city, attested by... , ....... .. .
(46)
7
1
8
3
4
5
1
209
173
2<38
171
17
42
110
22
55
152
3432
IJ' UEX '10 5 RDI'N 1NOILS.
RECORD ER —CONTINUED.
Duty of 1 21
Grade changed, to give notiee of....... i 65
License register kept by..........., 6 57
License, register of, kept by 5 23
Ordinances, custody of
Ordinances, to record - 3 22
Orders drawn on Treasure: 6 23
Report to CouIlcil 8 23
Street work to advertise fdr bids for. 8 73
Sewers, specialtax for, to deliver to the auditor resolution
of Council levying 12 231
Streets, to give Marshal order to open... 7 72
Special assessment. resolutions delivered to Auditor by
Recorder 12 76
Warrant book kept by........... 7 23
•RESTAURANTS AND EATING IIOUSES.
License of... is 66
SECTION. PAGE
22
RUNNERS FOR HOTELS, ETC.
License of and penalty tor aeti,g without 2 66
Must wear badge... 3 66
RULES OF ORDER, ETC. •
(See Index No. 2.)
SABBATH--ENFORCING OBSERVANCE OF.
Billiards and other games prohibited on. , .. .. 2 146
Exhibitions, shows etc.. prohibited on ...... . ............ 3 146
Penalty for violating. ...... t 1-16
SA I,ARIES OF OFFICERS.
Fixed by Council. fi 116
SAL0U.NS--SALOOti KEEPERS.
Close at 11 P. M. except on Saturday 1c 62
Keep orderly place, ...... 13f 02
Keep license posted up 131i 63-
Keeping. without license punished....... i 3i (31
Liceirse, one hundred dollars 131j 62
License, must have.... 13 61
Marshal may close, when ....................... 13g 13
Not to sell liquor to minors or intoxicated persons [3d iiw
Selling to habitual drunkards punished...., 13e 62
Fees ....... , 19
Market Master to weigh (1 49
Scales kept in good order 4 49
Violating ordinance piiriished 0 0
Weigher to report to Council 8 49
INDEX TO ORDINANCES, ft 3
SECTION. PAGE.
SEAL OF CITY OF DUBLTQUF.
Esta blishe:l 1 13
SE AVERS—oN FOURTEENTH STREET.
Private drains and openings closed... 1 2(11
Placing garbage, etc., in, prohibited...., .. •............ a. 201
SEWERS —DRAINS AND u SEWERAGE.
(,See .Drains.)
SEWERS--CONNEet INfI DRAINS WITH.
( See Drains.]
SEWEII.S—PUiLTC.
Bids for sewer work advertised. 'or
City Engineer to prepare plans
Construction of, by resolution of Council.......
Contract for, let to lowest bidder
Duty of City Engineer ....... •
Duty of Auditor.........
T)uty of Recorder
Duty of Treasurer... _
Orders for work, when drawls ... .
Property abutting, assessed.
Sale of property.
Sale continued
Special tax levied
Street committee to examine work....
Treasurer governed by ordinance. , ........ .
When property not to be assessed
When assessed in part. ...... ..... , .
SCALES —PUBLIC, REGULATING USE OF.
Cattle and hogs, weighing ot..................
Certificate of weigher . , ..
Certificate of weigher, falsifying punished.......
Election of weigher by Council
SIDE IOTA L IKS—CHANc..TNc WIDTHS OF.
Burch street....
Eagle Point avenue......
Pearl street...........
Third street, Srirninit to Alpine
Third street, south side, Hill to Alpine
Windsor avenue.
SIDEWALKS —REPAIRING REGULATED.
Curbstones...
Crafle established ...................................... . •
Notice to repair
Sale of' property..... •
.. .
Street Commissioner. when to repair .............
3
2
1
4
7
13
12
14
(1
8
15
16
11
5
17
10
3
1
9
1
8
12
10
2
1
3
5
-1
228
228
227
228
229
231
231
232
229
220
232
233
231
228
243
230
231)
49
48
48
•18
179
179
177
177
179 _
179
78
77
78
79
79
3(44
a
INDEX TO ORDINANCES.
SECTION, PAGE.
STEAM SUPPLY CO —
Grant of right to lay pipes, etc.....
Liable for damages....
Repair streets
Rights not exclusive... .
Subject to regulations of city ........................... .
STREETS —OPENING AND ALrERIN OF —
Council to opell or alter
Engineer to give notice
Expenses how defrayed
Deeds procured........
Jury to assess darnages
Marshal to open
Objections heard by Council...........•
STREETS, ALLEYS AND SIDEWALKS —IMPROVEMENT
AND REPAIRS OF'.
Auditor, charge Treasurer with special taxes
Bids, advertised for
Contractors, how paid.....
Council to order work done
Curbstones.
Duty of Treasurer....
Engineer to prepare plans.......
Engineer to supervise work
Recorder to deliver levy of special tax to Auditor.
Sidewalks laid to grade
Special tax for sidewalks.
Special tax, when levied
Tax levied for streets..
Work examined by Council
STREETS—onSTRUCTIorl OF,
Awnings, lieight of.
Builders obstructing streets, punished
Crosswalks kept free
Cellar doors not to extend over five feet
IJriving over sidewalks prohibited ................ .
Driving over sidewalks, punished.
Eave pipes, how constructed.. .......... .
Encroaching on streets punished
Fines, one to fifty dollars
Goods not to be placed on sidewalk ...............
Goods not to extend over three feet.... .................
Gravel, removal of prohibited... .
Horses not to obstruct streets.....
1 216
3 216
2 216
5 216
4 216
1 69
2 70
5 71
6 71
4 71
7 72
3 70
13 76
3 73
15 77
1 73
7 75
14 76
2 73
9 75
12 76
6 74
10 75
11 76
4 74
5 74
5
29
11
10
25
23
30
14
6
7
24
12
81
86
83
60
83
86
81
87
83
82
82
85
83
INDEX TO OR1iIN:]tiO1 $.
STl EETS--coNT1NL En.
Injuring sidewalks, punished.17 84
Porch not to extend over four feet 1 80
Mayor or Alarshal may remove obstructions 9 82
Obstructing streets, punished 15 84
Obstructions or openings guarded, ...... • — •- • ......... 19 84
Obstructions, removal of 31 87
Removal of buildings 26 86
Removal of buildings, regulated ......................... 27 86
Sign posts on sidewalk prohibited... 8 82
Sidewaiksto be cleaned 22 85
Trees, planting of regulated 15 84
Vaults and cisterns on streets 18 84
Vaults built of brick or stone 20 85
Vaults under sidewalks built under direction of Mayor21 85
Wagons not to obstruct streets............ 28 88
Walks, Iumller, stone, etc. not to be placed on 13 83
Windows not to extend over two feet on.... — .... ...... 3 81
STREET COMMISSIONER —
Appointed by Council..... 1 34
Power as peace officer 5 35
Reports made by 3 34
Streets, charge of.... 2 34
Streets kept in order by.... 4 35
STREET RAIL WAYS.—AuTrrOR1%ED AND REGULATED.
Council to regulate operation of.......... 7 193
City may remove rails, when....................... 5 198
Conductors, special officers... ......„ ...— „ .1 194
Dubuque Street Railway Co. authorized •......... 1 192
Fare ...
Disorderly conduct about buildings or cars prohibited.. 2 195,
Must accommodate public.... 9 194
Must repair streets 10 194
Not to obstruct streets ... 8 193
Obstructing cars punished..... , ..... 3 195
Right of way granted.... 1 192
Right of other R. R's to cross track.. 11 194
Streets, tracks in center of 3 1112
Track, single or double..... .. 0 193
Work, when commenced ... 2 192
STREET RAILWAY—AUTIORIr1NG HILL &. WEST DU-
BUQUE STRE1;'I. RAILWAY COlIP iNY.
City mavremeve rails, when ....... 18 • 208
City to regulate operation of 14 208
31i5
! CTI0 N. PAGE.
366 Ixll1.:X 1O 0I DI.4NCEa.
SIC LIT 10N. PA GI.
STREET RAILWAY —CONTINUED.
Granting light of way....
Granting right of wily. on i hat street
Guards kept around dangerous places..
Obstructing, defined and punished...., ...... .
Ordinance when to take effect
Public to he accommodated
Plank crossings
Repair streets
Right of other roads to cross.. .......... .
Right of other roads to use track, .. ..... ...
Rates of fare not to exceed tell cents.
Right to Ilse steam or horse power......
Save city from claims for damages
Track kept in repair when constructed
T XES—AssEssmENT A) 1) COLLECTION or,
Ali personal property listed ...
Assessor to begin 3d Monday in March... -
Assessor to administer oath... ....
Assess all property
Assessor, who to assist............
Assessment completed June lst ....... .. .
Assessor, what property to assess....
Assessor, neglect of duty, penalty
Appeal to City Council froru Equalization Committee
Auditor to transcribe tax hooks
Auditor may correct tax books........
Auditor to deliver tax book to Treasurer. .........
Auditor to give notice of equalization of tax ... .
Auditor to mark on tax book. land "sold"
Auditor to keep account with Treasurer
Auditor to attend tax sales
Auditor to give certificate of redemption from tax sale
Appeal to City Council from Equalization Committee
Banks, shares in assessed as per acts of Congress
Bankiug associations, how assessed..............
Racking associations, when to account.......
Committee on equalization of assesspients....... ..... .
Credits, term defined.... . ...... . .. . .. .
Copy of advertisement, filed in Auditor's office.........
Commission goods assessed
Council to fix water limits..
Council to levy tax... , ....
City warrants received for taxes
1
2
8
9
17
11
5
7
15
16
12
10
6
4
16
2
4
3
7
22
5
37
80
32
31
26
33
51
64
72
27
21
19
20
25
63
8
28
29
43
205
205
207
207
208
207
206
207
208
208
207
207
206
206
103
119
100
101:1
101
105
100
105
107
107
108
108
106
108
112
116
118
107
105
104
104
106
101
115
101
107
107
110
INDEX To r1ItD1NANCEs.
T.AXES—CONTricaiED.
Certificate of purchase at tax sale.... 68 1.17
Certificate, assignable........ 61) 1.17
Deed, signed by Treasurer........ 78 122
Deed, form of... 77 120
Debts, deducted from assessment.. 15 103
Depreciated bank notes........ 14 102
• PUty of Auditor........ .. 1 99
Demand for taxes not necessary... ..... 44 110
Description of property in figures ........ ....... 4f2 115
Duplicate receipts........ 70 117
Error in tax sale corrected 80 11,}1
Manufactures defined... ..... ........... 17 10
Money and credits 18 104
Minors and lunatics, redemption by.. ................... 73 119
Money refunded, when .. _ 81 123
Notice of issuance of deed ......................... 75 119
Noticetor sale of personal property....... 45 111
Notice of tax sale.... 54 113
Notice in official papers 55 113
Officers not to buy at tax sale.... 613 117
Owners may pay taxes before.... 61 1.13
Owner to assess property omitted- ... • . 42 110
Property listed Jan. 1st............ 13 102
Property omitted, owner to assess....... 42 110
Property omitted Treasurer to assess... 41 110
Purchaser at tax sale, to pay 60 114
Property of other persons, how listed 9 102.
Properly may be redeemed 71 118
Railway and bridge property, assessment of........ 10 102
Road bed, not included in assessment 11 102
Real estate, unknown, how assessed 23 105
Resisting Treasurer, punished 46 111
Redemption, through court 74 1 [9
Sale for delinquent tax, when....... . , 53 113
,ales, adjourned 67 117
Sale, Treasurer may adjourn 65 116
Sale, when to commence.... 57 114
Sale, from day to day.... 59 114
Sale, who entitled to purchase at... ........ 38 114
Statute to govern in all cases.... 83 123
Taxes when delinquent, 47 111
Telegraph property, how assessed ..................... 12 lfl$
, Treasurer, to enter unpaid taxes in books 315 109
Treasurer to give notice that taxes are due....... .. 14 108
Treasurer to collet taxes........ c. .......... 36 1a�
3411
SECTION, 1'AOF._
3fi5
INUIE,X T0 UFt1)INAI C1.S.
SECTION. PAG7E .
TAXES—CoNTIN7rED.
Treasurer to certify amount of taxes......... ......
Treasurer to notify persons when land sold........
Treasurer's receipt
Treasurer's bond liable, when
Treasurer to sell personal property
Treasurer continue to receive taxes
Treasurer ro give receipt... .
Treasurer to refund tax illegally paid
Treasurer to collect 26 cents for advertising
Wrong name, sale by, not invalid.
When money, refunded to purchaser
TAXES —OF locls.
(See dogs.]
TAXES —SPECIAL.
(See streets, alleys grid sidewalks.)
TAXES —SPECIAL,
,see sewers.,
TRANSIENT MERCHANTS —
[See merchants, transient.. ]
TRAVELING PIIYSICIANS—
Licerlse, amount of
License, must have
Marshal, duty of..
Violating ordinance punished
TREASURER —DUTIES OF.
Assess property omitted by assessor........
Books turned over by
Collect delinquent tax .................................. .
Collect penalty for delinquent tax
Certity to amount of taxes due............
City warrants received for taxes
Collect 20 cents for advertising.......
Countersign certificates of redemption
Continue tax sale from day to day...... •
Collector of city, is............
Collect all money due city
Deed, Treasa.rer to execute.......
Deed, Treasurers, form of...
Duplicate receipts, made by
Delinquent tax, to enter up on tax hooks ............... .
Notice, to give when he is prepared to receive taxes.....
Notice of sale of personal property ............. . . ......
Notify tax payers of previous sales........
38 106
37 109
39 109
40 110
48 111
49 112
50 112
52 113
56 114
82 123
84 123
14a 63
14 63
14c 64
141) 64
41 110
4 28
48 111
49 112
38 109
43 110
56 114
72 118
59 114
3 28
1 27
76 120
77 120
70 117
35 109
84 108
45 111
37 109
INDEX • TO i )Rt.)I NAN o1K• :369
SECTION. PAGE.
TREASRER,--cowrriNUED.
Orders, paid by 2 28
Receipts of, fur taxes 50 112
Sale of lands for delinquent tax- ....... 53 113
Sale, each piece of real estate sold separately 57 114
Sale, not to purchase at 116 117
Sale to give notice of..... ........ • • • • • • ..... ............ i5 113
Sale, wrongful, Treasurer and sureties liable for 80 123
Special tax, notice of levy of 14 76
Special tax for sewers, to give notice of levy of44 232
Special tax, to sell for delinquent 15 232
Such sale, how conducted 17 232
VIOLATIONS OF UR.DIN ANCES—
(See penalties for violations of ordinances-)
LVARDS.—BOLL 1 DA RIL"s.
First ward... .... 1 13
Second Ward 2 14
Third Ward... 3 14
_Fourth Ward.... 4 15
Fifth Ward ............... 5 111
WATER WORKS —
Construction of, authorized 1 157
Extension of, city may require ............ 5 161
Exemption froin tax until 1873.... 8 162
Grant, when to take effect. 9 162
Interference with property of, punished............ 10 16'3
Purchase of, by city 7 162
Reservoir.... 6 161
Streets, repaired by water company ... 2 157
Water, where taken from.... 4 160
Water, rates, for use of, .. 3 1.57
WOOD—INsI'Eerrrox OF.
Boundaries of market........ 8s;9 52
Buying by Inspector, prohibited 6 52
Fees of Inspector............................ 7 52
Inspector appointed by Council.... 1 50
Inspector to keep accounts. ..... ......................... 11 53
Inspector to oversee piling. 5 51
Piling of wood ........................................... 3 50
Penalties.. 4 51
Resistinglnspe tor, punished....... 10 52
Sale of wood 2 50
OOD MARKETS —
(See Markets.)
'370 TN11,1X ORD' YA.NOES.
SECTION. PAGE,
WOOD INSPECTOR —
See Inspector of Wood.)
WEIGIITS AND MEASURES —
Council to appoint Inspector 1 38
Duty of Inspector 2 38
Fees. .......... 5 39
Inspector to mark, inspected. 8 39
Inspected each year ...... ....... ......... 4 39
Register of weights and treasures kept. 6 40
INDEX NO. 2.
PAGE.
1 CHARTER 23.9 to 256
2 ACTS OF CONGRESS, 256 263
3 TERRITORIAL LAWS.... ....... ............ 263 269
4 LAWS OF IOWA 269 330
5 RULES OF ORDER .. 330 336
CITY CHARTER —
(No Index further than Margmai Notes.)
ACTS OF CONGRESS —
AN ACT —LAYING Orle CITY OF DunuQuE. ..... 25(3 258
AN ACT —APPOINTING COMMISSIONERS.. . 258 259
AN ACT—AuTuortzrso CITY TO ENTER CERTAIN
LANDS, 259 260
AN ACT —GRANTING LEVEES TO CITY 260 261
AN ACT—CoNsTrruTtNG DURUQUE A PORT OF DE-
LIVERY . 2.61 262
TERRITORIAL LAWS —
Laws of Wisconsin under which Dubuque was Incor-
porated in 1837 263 269
LAWS OF IOWA—
SEC. PAGE.
A SS ESSOR—ELEcTION OF.
One Assessor elected annually. 1 296
ADDITIONS TO CITIES —
Persons laying nut, must procure certificates that it is
unincumbered . 1 316
Certificates, etc. recorded with plat„ ............ ........ 2 317
Record to show bearing and distance from Government
corner. 3 317
Not to affect the annexation of contiguous territory..... 4 316
Chapter 25, Laws lath General Assembly and Chapter 63,
Laws 16th General Assembly, repealed. 5 318
37') INDEX To CH A.RTER. LAVO,J AND RIFLES OF oRDER.
BOARI) OF HEALTH-.
pAc
821
CODE, CHAPTER TEN, TITLE FOUR —
So far as applicable to cities acting under special char-
ters.
To lay off, widen, straighten, or vacate streets and
public grounds 461-285
Grade streets and alleys, and construct se 465-285
Construct sidewalks, etc., and levy special tax for 466-285
Repair same and charge expense to property -107-286
Tt,mporary sidewalks, cost of limited 468-286
To pay damages caused by changing grades, etc469-286
Purchase or condemn land for public use 470-287
Erect water works 471-473-288
Condemn private property for use of. 474-289
Assess water tax and provide for collection thereof. .. , 475-289
Proceedings to be had when private property is con-
demned 470-290
Danaages, payment or deposit of. 477-291
Assessment on lots. how enforced 478-292
COMPENSATION OF OFFICERS........ 313
EQUALIZATION OF TAX 319
GRANTING TITLE TO CERTAIN LANDS TO CITY
OF -DUBUQUE 269
INDEBTEDNESS, SETTLEMENT OF. 271
LEGALIZING ORDINANCES OF CITY OF DUBUQUE
IN RELATION TO H. & W. D. T. R. R. CO 318
MARSHAL APPOINTMENT OF. 313
POWERS OF CITY —
(Se Code.)
POWERS, ADDITIONAL GRANTED TO CITY 297
trunric SQUARES, PARKS, ETC 270
REGISTRATION OF ELECTORS 280
SEWERS, CONSTRUCTION . 293
SUPERIOR COURTS, ESTABLISHMENT ()F.......... 306
RULES OF ORDER 330